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Fairview Heights police officer's DUI hearing pits cops versus cops, leaves judge undecided


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 He is seeking to have the suspension rescinded on the grounds that the Belleville police report was defective and that Branchini did not have reasonable grounds to believe that Krummrich was driving under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.