PORTLAND, Maine (AP) Maine’s supreme court has ordered a new trial for a man who allegedly resisted arrest because jurors weren’t allowed to see cellphone video taken by the defendant’s sister.
A police officer arrested Abdiaziz Hussein, of Lewiston, after he allegedly refused to sign a criminal summons, tried to run and punched the officer. Video showed Hussein with a pen in his hand, signaling a possible willingness to sign, while pinned on the floor.
The trial judge declined to let jurors see the video, but let the defense question the officer about what happened on the video.
A majority of the Supreme Judicial Court concluded Tuesday it was prejudicial to exclude the video. Dissenting Justice Donald Alexander said the judge didn’t err and that if he did it was a “harmless” error.
