Another Victory! Ambrose Law Firm Attorney, Benjamin Koll, Wins Again! 
Ambrose Law Firm Attorney, Benjamin Koll, keeps stacking wins. This time, a Hennepin County judge granted his motion to dismiss all charges in a case, including Gross Misdemeanor DWI, Assault on a Peace Officer, and Obstruction of Legal Process. Attorney Koll challenged, in part, that his client’s due process rights were violated by the prosecution’s failure to preserve material evidence. The court agreed and dismissed the case.
If the prosecution fails to preserve material evidence in a case, it violates a defendant’s right to due process. This is well established law from the United States Supreme Court in Brady v. Maryland. In Attorney Koll’s case, the evidence that no longer existed included dashboard camera footage from the arresting officer, the officer’s police report, and paperwork generated during the breath test at the police station. The prosecution’s conduct was alarming for at least two reasons. One, even though prosecution changed hands (from one law firm to another), the prosecutor vehemently argued against Attorney Koll’s position and still sought a conviction. Two, despite this affront, they ignored the district court’s requests about whether they would submit a brief on the matter. Attorney Koll submitted his brief on time. The prosecution later asked for an extension of time to submit their brief, which was granted. But, then did not submit one by the extended due date and failed to respond to the court’s email and phone call about whether they would submit one. There is assuredly a saying to encapsulate such behavior. But, neither comes to mind, nor would it be appropriate to try and explain such incompetence.
Thankfully, we live in a country with due process and defense attorneys like Ben Koll who will zealously advocate on behalf of defendants.
For a consultation at no charge about your case, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense lawyer and DWI attorney in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. Criminal Defense Attorney Woodbury MN; Criminal Defense Lawyer Minnesota; and Assault Attorney Wisconsin.