A South Texas prosecutor says if police would have given him a dashboard camera video of a judge doing field sobriety tests he would have recommended a pre-trial diversion program instead of saying there wasn’t enough evidence to prosecute her for driving while intoxicated.
A judge dismissed the case against 13th Court of Appeals Justice Nora Longoria last month. Police say she refused to provide breath and blood tests.
Police spokesman John Saenz tells The Monitor in McAllen the video was available but prosecutors didn’t request it.
Hidalgo County District Attorney Rene Guerra says he didn’t know it existed, but said police should have turned it over without him asking.
Longoria’s attorney, Democratic state Sen. Juan “Chuy” Hinojosa of McAllen, declined comment to the newspaper on the video’s contents.
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