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Last week, however, Judge Lena Levario ruled that the prosecution must turn over its records to Milner. As it turns out, that information will now come in handy in another one of Milner's cases, a felony drunk driving arrest made by Officer Schoelen, who is one of the three officers who have been suspended from active duty.
"If the officer lacks credibility generally, then their credibility has to be questioned in every case they make," Milner says.
The three officers under investigation could not be reached for comment, and neither could Kattner. Kunkle says that from "everything I've heard, he's a very well-respected officer."
Still, depending on what turns up in the investigative file, Milner may have even more ammunition in a case that just a few weeks ago would have seemed to be an easy win for the prosecution. Even Lopez doesn't dispute that Milner's client had drugs in her possession. The question now is if Kattner ever had the right to find them.