Judge rules county attorney must disclose admissions by police chief
District Judge David W. Urbom ruled Tuesday that Chase County Attorney Arlan Wine must disclose information to defense counsel that could affect the credibility of Imperial Police Chief Ryan Wisnieski as a witness.
The ruling stems from a Motion for Limine filed by Wine in a criminal case against Trent Zwickl, 42, of Imperial. A Limine motion is made before a trial begins, asking the court to decide whether particular evidence will be admissible.
Urbom ruled that a letter from the Nebraska State Patrol to Assistant County Attorney Rory Roundtree must be disclosed to the defense as part of the discovery process.
The letter indicates Wisnieski made application to become a member of the Nebraska State Patrol in 2009 and was not hired based on the results of a polygraph examination.
The letter alleges the examination showed dishonesty by Wisnieski concerning a 2005 arrest he made for speeding and DUI where he allegedly committed perjury in the case.
During an Aug. 22 hearing on the Limine motion, Wisnieski explained he testified at a preliminary hearing in the speeding/DUI case that he had properly calibrated the radar device that day.
However, he later said he was unsure as to whether he had done it on the specific day of the arrest. Wisnieski informed Wine he was unsure and that he would have to testify in the trial that he had not tested it. As a result, the case was dismissed.
At the time of the state patrol examination, Wisnieski believed he may have perjured himself by changing his testimony.
During the Aug. 22 hearing,
Nebraska State Patrol Sargent Clint Elwood of Troop D in North Platte, who administered the polygraph exam in 2009, testified.
He said that as part of the application and interview process, Wisnieski also acknowledged that he had been in a rollover accident while intoxicated and that passengers were in possession of marijuana.
Because he was intoxicated at the time, Wisnieski said the accident was not reported to law enforcement.
Elwood said Wisnieski also admitted to prior use of marijuana.
Elwood said anyone entering the the law enforcement training center in Grand Island must subside from marijuana use for two years prior to admission.
Based on his state patrol application, Elwood said Wisnieski would have not reached the two-year date prior to completing training for the Imperial Police Department.
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