Rowe rules police may testify in uniform

Judge James Rowe ruled last Tuesday that police officers who testify in West Virginia v. Lisa K. Brewer will be permitted to wear their uniforms when taking the stand.

"I'm disappointed in the ruling," public defender Martin Saffer said. "In the garden of the law, the harvest seems to be the status quo."

In September, Saffer filed a motion arguing that when an officer appears in uniform to testify, members of the jury may be unduly influenced and prejudiced against the defendant due to the uniform itself.

Saffer said he plans to bring the point up again should the case make it to the West Virginia Supreme Court of Appeals.

The order issued by Rowe on November 16 noted "if police officers testify at this trial, they will be acting in their official capacity and not as civilians."

"Any potential for a negative impact on the Defendant could be overcome by effective use of the voir dire process, cross examination of the police officers, and proper instructions to the jury concerning its duty to weigh credibility and not to accord greater weight to an officer's testimony simply because the witness is a police officer," the order continued.

"That statement is like saying if you put a drop of ink in a gallon of water, you can get it out a gain," Saffer said.

"In my respectful opinion, it's saying if there's a prejudice, the jury can stand it," he continued.

The burden of correcting any prejudice should rest with the court, Saffer added, noting that uniforms are important social indicators loaded with symbolism.

Saffer noted that Rowe's ruling does not address the issue of officers wearing a firearm when taking the witness stand.

In another one of Saffer's cases, West Virginia v. Sammy A. Sheets, Chief Judge Frank Jolliffe ruled officers could not wear a firearm when testifying before a jury.

Saffer noted the judges in the eleventh judicial circuit are making case-by-case rulings on such matters, but said he sees the need for a general ruling to be issued.

Citing the West Virginia Supreme Court's opinion that the wearing of orange jumpsuits and chains by defendants in custody is unfairly prejudicial, Saffer said he hoped to see officers testifying in uniform become a thing of the past.

"The case should be about the facts, not about window dressing of the facts," he said.

Prosecuting Attorney Walt Weiford could not be reached for comment.