Last Updated: July 11. 2011 1:00AM
Mike Martindale/ The Detroit News
Detroit â€" A personal injury lawsuit involving Detroit Police goes to trial today in Wayne Circuit Court amid allegations that officers hid police car video evidence for nearly three years.
The alleged tampering of evidence figures in a negligence lawsuit filed on behalf of Yiu Fai Lai, 59, of Troy, who seeks more than $25,000 in his suit against the city of Detroit and others.
Lai's suit alleges police tried to cover up their role in a September 2008 accident at I-94 and I-75 that left him injured. Police were pursuing a van driven by a drug suspect when the van hit Lai's vehicle, the suit states.
Lai's attorney, James O. Elliott, said he asked for a copy of the patrol car video in hopes of determining police actions before and after the crash. During court depositions, Elliott said he was told the video didn't exist.
But last month â€" with the case set to go to trial â€" Detroit Police Officer George Pajor, one of the officers in the chase, unexpectedly produced a copy of the videotape, Elliott said. The twist prompted an adjournment of the trial until today in Judge Gershwin Drain's courtroom.
"Three different officers in sworn depositions said it did not exist," Elliott said. "Yet this officer pulls it out of his pocket."
Elliott alleges half of the video is missing and lacks audio, but he believes it shows officers had no probable cause to pursue the van. Officers have argued in depositions in the case that the van was spotted in an area known for drug traffic and â€" during the pursuit â€" the driver tossed zippered bags, believed to contain drugs, out a window.
No bags were found, but a small packet of drugs was found in the van; the driver later pleaded no contest to drug possession, the driver's attorney said.
"If they hadn't chased him, the accident wouldn't have happened," Elliott said.
In a statement, Detroit Police said an internal affairs investigation was conducted and disciplinary actions are forthcoming.
Detroit City Attorney John Schapka told The News last week that a copy of the tape was recovered. Videos are automatically erased from servers every 90 days, except those involving special cases, he said. "I can tell you what was lost was eventually found because someone had a copy," he said. "And the video has not been tampered with in any way."
Elliott argued the video should have been preserved, citing police policy that in-car videos in chases, felony arrests or property or personal injury incidents are kept for three years.
On June 29 â€" minutes before the trial on Lai's suit was set to begin â€" City Attorney Dennis Burnett informed the court a tape did exist, according to Elliott.
"If it happened to my client, has it happened to others?" said Elliott, who has complained to the Wayne County Prosecutor and U.S. Attorney's offices. Pajor told the judge at the June 29 hearing he would seek an attorney's advice before making other statements, Elliott said.
mmartindale@detnews.com
(248) 425-4874
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