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10 ■ JUNE 21, 2021 NEWS

Robert Berke Embraces

Role of Video Evidence

By Robert Storace

criminal defense lawyer for Robert Berke: The long delays
nearly three decades, Bridge- due to COVID have resulted in an
A ort attorney Robert Berke adverse impact upon the rights of
p
has seen how police accounts of the accused.
events are looked at differently to- The COVID pandemic has re-
day, with more and more arrests and sulted in a strained relationship with
police interactions with individuals incarcerated clients. Several clients
now being recorded. have expressed frustration that the
At 54, Berke has operated the state Department of Correction and
Law Office of Robert Berke for 21 Federal Bureau of Prisons had not ad-
years. He noted that before videos equately protected their health. They
of police interactions with citizens, are also frustrated with the lengthy
courts gave deference to law en- continuances that have occurred in
forcement accounts of events. Bridgeport criminal defense state criminal court matters.
But that’s all changed, he said. attorney Robert Berke. As a trial lawyer, the ultimate way
Courtesy photo
“The video documentation has to defend our client’s who are pre-
provided strong evidence to support my client’s sumed innocent is to require the state to prove the
civil rights claims, and the reliance on eyewitness ac- charges at trial.
counts and officers’ statements have been reduced,”
Berke said. “As a result of video documentation, the CLT: You’ve been an attorney for nearly three
unspoken presumption of reliability previously af- decades with part of your focus being on civil
forded to officers has decreased. The videos have rights. How has representing clients changed over
also provided plaintiffs attorneys with additional that time with many arrests and interactions with
evidence to consider whether to civilly prosecute police now being recorded?
these allegations.” Berke: Prior to video evidence, the criminal justice
Berke, a Woodbridge resident who grew up in system credited an officer’s version of events over a
Queens, New York, received his law degree in 1992 citizen’s claim that their civil rights were violated.
from Quinnipiac University School of Law. During the past few years, many instances of po-
Berke recently sat down with the Connecticut lice misconduct have been captured on cellphone
Law Tribune to answer five questions on a variety videos, surveillance systems, body cams, and police
of topics. Those answers have been edited for length dash cams. The video documentation has provided
and clarity. strong evidence to support my client’s civil rights
claims, and the reliance on eyewitness accounts and
Connecticut Law Tribune: Jury trials began in officers’ statements have been reduced.
state courts June 1, but there were court closures As a result of video documentation, the unspoken
and no jury trials for more than a year in the state presumption of reliability previously afforded to of-
due to COVID-19. What was the effect of those ficers has decreased. The videos have also provided
closures and delays on the rights of the criminal plaintiffs attorneys with additional evidence to con-
defendants you represented during that time? sider whether to civilly prosecute these allegations.

CONNECTICUT
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