Sarah F, George Burlinglon, VT 05401 State's Attorney Phone: (802) 863-2865 Pax: (802) 63-7440, sti iron Chie Depaty STATE OF VERMONT. OFFICE OF THE CHITTENDEN COUNTY STATE'S ATTORNEY February 16,2017 Brandon del Pozo Chief of Police ‘Burling Police Depatment North Avenue Burlington Vermont 05401 Re: Officer Christopher Lape Dear Chiet dol Foro, ‘On October 25,2016 this offic received a swomn and notarized afidavi of Officer Christopher Lopez in the matter of ‘Stave v. Michael Mullen (16BU031483), I beiove he made patently false statements in that affidavit Lopez indicated that he “observed what T kuow based on my knowledge raining, and ‘experience tobe the adr af fresh marijuana emiting from the vehicle” However, ou review of Oficer Lopez’s ‘Axon video indicates that this statement was not true. The pertinent potion ofthe video shows Officer Lopez attempting, to deactivate his camer, while asking Officer Nicholas Rien, "yore off ight?” Axon video a 4:51, to which Officer Rienzi responds in the affirmative, Orfior Lopez then tells Officer Rienzi that he didnot smell marijuana, but states that he. could if he needs to bat I don’ ike goin that way’ if eat back itp.” Axon video at 4:57 “The defencant filed Motion to Suppress which was scheduled for heaving on February 13,2017. On the moming ofthe heating, Officer Lopez advised Chief Deputy Justin Fron that he could not be preset atthe proceeding due to the weather Upon further inguty by the Chief Deputy, Officer Lopez aed that upon viewing the Axon video he and had vances” about going forward with the heating, Oier Lopez didnot elaborate on what these “concerns” were. I yas later learned that Officer Lope was not stranded duo to the weather, but in fact vas atthe Burlingion Police Department ‘when he made the call to Chief Deputy iron, Please be advise that my office wil be taking appropriate responsive masses inal ext in which Officer Lopes ie currently a witness, We wll also be providing notification to Defence bar regarding our concerns about Officer Lapea* edibiitys0 they ean consider any impact this decision may have on pending and closed matters in which he served asa witness, Please be turer advised that, based on his actions, my ice wll no longer rely on Officer Lopez asa witness ny criminal ese, both retroactively and going forward. ‘Thankyou for your attention to th Please let me know if you have any questions. Lina 7 Keong ering S's Atomey