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Cleveland Yard South Group

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I find no abuse of discretion in the trial court's ruling granting the motion in limine. I find that the accuracy of the event data recorder printout is questionable for the following reasons. The event data recorder was removed from the Mills vehicle two weeks after the accident. The vehicle was not secured in a police impound yard, but was stored by a towing business following the accident. The officer who removed the event data recorder from the vehicle had no training on how to properly remove the recorder. The Defendants' expert testified that the vehicle should have been photographed, the recorder exposed and photographed in its place before it was removed, and the recorder's serial number photographed for identification purposes. The officer also kept the recorder in his vehicle's trunk for two weeks before it was brought to a state police office for downloading. The Defendants' expert stated that since the data file within the recorder is electronic, it is possible to alter or corrupt the crash data within the recorder by improper handling of the recorder. In sum, the recorder was not treated as evidence and a proper chain of custody was not maintained. 041b061a72


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