Questions were raised Tuesday in St. Clair
County Circuit Court over the Belleville Police Department's handling of the
St. Patrick's Day DUI arrest of Fairview Heights Police Sgt. James Krummrich.
Associate Judge Brian Babka thought the
factors surrounding the case were so unusual that he quoted a lyric from the
'60s rock band Buffalo Springfield during a hearing held to decide the fate of
Krummrich's driver's license: "There's something happening here, what it
is ain't exactly clear."
Babka said he couldn't conceive how the
arresting officer Anthony Branchini could indicate Krummrich was "fit to
drive" on a police report detailing Krummrich's arrest for driving under
the influence of alcohol. Babka also mentioned an allegation by the defense that
a Belleville police lieutenant, not identified during the hearing and not at
the scene of the crash, was the one who made the decision to arrest Krummrich,
not the officers at the scene.
"There's a lot of irregularities
here," Babka said.
At the conclusion of the hearing, which lasted
more than an hour, Babka said he may need up to a week before deciding whether
to rescind Krummrich's driver's license suspension. The suspension of
Krummrich's license for a minimum of 12 months was set to begin Wednesday.
Krummrich, 47, of Fairview Heights, has been
on administrative leave with pay since his arrest. He is the subject of an
internal affairs investigation, but the Fairview Heights Board of Police and
Fire Commissioners has not scheduled a hearing yet on whether to take
disciplinary action against him.
Defense attorney Gregory Skinner had called
for Tuesday's hearing. He is seeking to have the suspension rescinded on the
grounds that the Belleville police report was defective and that Branchini did
not have reasonable grounds to believe that Krummrich was driving under the
influence.
Belleville police accused Krummrich of refusing
to submit to sobriety tests after he was involved in a two-vehicle accident
about 5:45 p.m. March 17 in the 900 block of North Illinois Street. No one was
injured in the crash. A driver who fails to submit to sobriety tests
automatically has their license suspended for a minimum of one year on the 46th
day following their arrest.
At the hearing, Branchini testified that he
arrested Krummrich because he smelled of alcohol, his eyes were glassy and he
said he had a few drinks. Krummrich had already admitted to driving the truck
involved in the accident, said Branchini, who has been a Belleville police
officer since 2009.
Collinsville Police Sgt. Charles Mackin, who
was a passenger in Krummrich's 1995 GMC Sierra pickup, testified for the
defense. Mackin said he was with Krummrich or Branchini during the entire time
prior to Krummrich's arrest and never heard him refuse to take a sobriety test.
Mackin also testified that based on his 22
years of police experience he would not have arrested Krummrich for DUI. Was
Krummrich under the influence of alcohol at the time, Skinner asked.
"No, not at all," Mackin testified.
Belleville police officer Dusty Kallal, who
assisted Branchini, said he asked Krummrich to take a field sobriety test but
he declined. Kallal admitted that he failed to mention this in his report.
But Assistant State's Attorney Julie Elliot
argued that Krummrich's refusal to take a sobriety test was mentioned in
Branchini's report.
Branchini testified that Krummrich refused to
take a field sobriety test at the scene and after his arrest he refused to take
a breath test at the police station. Branchini said he had a video from his
patrol car camera of Krummrich's original refusal.
There one problem: Prosecutors never turned
over this video to the defense during discovery.
In response, Babka took off his glasses, put
his hands on his head and asked Skinner whether he wanted to request sanctions
against the prosecution for its failure to turn over the video as required.
Elliot countered that Belleville police never gave her office that video,
although they did submit videos from Kallal's car and the booking area.
"I'm just as blind-sided as you
are," Elliot said to Babka.
Branchini and Kallal would not comment
following the hearing. Belleville police spokesman Capt. Don Sax said he was
unaware that the prosecutors did not receive all the videos.
"I wouldn't know why not, without looking
into it," Sax said. "I had no idea they didn't have everything."
Belleville police have denied a public records
request from the News-Democrat to view all the reports and the videos related
to Krummrich's arrest because the case is ongoing.
In closing arguments, Elliot argued that
whether the state could prove Krummrich was under the influence of alcohol
should be left to trial. All that the judge should consider when deciding
whether to rescind Krummrich's suspension was whether the officers had
reasonable grounds to believe he was under the influence of alcohol.
Skinner countered that it appears the police
investigation was not done in a "very competent" manner and that no
field test was ever offered for Krummrich to deny.
Babka said the "gold standard" on
whether the sobriety test was refused would have been the video from
Branchini's car, but the court didn't have it. The judge hinted that he would
have also liked to have heard Branchini explain why he put down Krummrich as
fit to drive on his DUI report. The prosecution, however, never asked the
officer that question.
"They're some unusual features
here," Babka said.