Judge considers barring officers from wearing uniforms

Greenbrier Circuit Judge Jim Rowe is entertaining a motion that would forbid police officers from wearing uniforms when they take the stand against criminal defendants.

Defense attorney Martin Saffer is arguing his client, a 30-year-old Hillsboro woman accused of drug trafficking, can't get a fair trial if the officers who arrested her wear their uniforms when they testify.

"What we're saying here is that we should get rid of the overt symbols that would automatically confer authority and credibility to witnesses," Saffer said in a telephone interview. "It should be the strength of a person's testimony that moves a jury, not their attire."

Saffer floated the idea in a hearing before Rowe on Oct. 8, but didn't hold out much hope that Rowe would take it to heart. But the judge gave Saffer until Oct. 18 to put together his strongest argument on the subject, and is expected to make a ruling soon.

If Saffer prevails, it could have far-reaching effects for every prosecutor and law-enforcement agency in the state.

While prosecutors have complained that jurors have become more skeptical about the honesty of law enforcement officers since the trial of O.J. Simpson and other more recent allegations of police misconduct, a uniformed officer is still thought to enjoy some degree of assumed credibility.

And Saffer argues that since the terrorist attacks of Sept. 11, 2001, police officers have been so lionized for their heroism at the World Trade Center the uniforms themselves have become even more powerful symbols.

"Under the Bush era, the after 9-11 era—the era of terror, (officers) are seen as heroic national figures," Saffer said. "The uniform is a big part of that mystique."

In this case, defendant Lisa K. Brewer is charged with delivering drugs to a civilian informant while officers watched from a concealed position. The arresting officers were named as prospective prosecution witnesses, prompting Saffer to make his motion.

His argument hinges on a mountain of case law that says attire with overt symbols isn't allowed for witnesses, defendants and lawyers. Defendants don't appear in jail jumpsuits and lawyers are discouraged from wearing patriotic insignia and the like.

To Saffer, uniforms fall into the same category.

Saffer believes that Rowe will likely reject his motion, but is prepared to appeal to the state Supreme Court if necessary. The defense lawyer believes the high court would take great interest in the case.

"West Virginia isn't the kind of state that is afraid to confront questions concerning due process," Saffer said. "This would be an excellent opportunity to move us toward a more equitable system."

Contact writer Chris Stirewalt at cstire@dailymail.com or at 348-4824.