During a discussion in court this afternoon, prosecutors addressed a motion to dismiss the case by the defense, calling it “factually inaccurate.”

What is this about: In a motion to dismiss the case filed earlier this week, the defense claimed that, “On November 5, 2021, the fifth day of trial on this case, the prosecution turned over to the defense footage of drone video which captured some of the incident from August 25, 2020. The problem is, the prosecution gave the defense a compressed version of the video.”

“What that means is the video provided to the defense was not as clear as the video kept by the state,” the motion continued.

The defense claimed that the version they were given “was only 3.6 megabytes, while the state had a higher resolution version that was 11.2 megabytes.”

Prosecutor James Kraus said that when they turned over the video to the defense, they were unable to provide the video via airdrop so the file was emailed as an attachment to the defense. Kraus said the video was inadvertently compressed when it was sent to the defense, possibly due to a software issue going from an Apple phone to an Android phone. He said, “we did not know that this would occur.”

The prosecutor said that “we cannot be held responsible” for “something that happened in the transfer that we had no knowledge of.”

“We didn’t compress anything, we didn’t change anything,” Kraus said.

Defense attorney Natalie Wisco, however, said the video she was sent had a different file name than the original one and suggested the prosecution was not telling the truth.

Kraus said the suggestion that the prosecution would “sabotage” the video was “preposterous.”

Judge Bruce Schroeder said that he would like to “get somebody to explain this.” He said he planned to call in expert testimony and take testimony under oath from attorneys to get to the bottom of the episode.

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