No ruling on release of dash cam video of Killpack's DUI arrest


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SALT LAKE CITY -- Should Utah's Department of Public Safety release dash cam video of the DUI arrest of a then-powerful state lawmaker? Attorneys for several news organizations say "yes." But the Department of Public Safety says it will make it hard for Sheldon Killpack to get a fair trial.

Killpack and his attorney have not fought the release of the dash cam video of his arrest on suspicion of drunk driving in January. They declined to participate in the court hearing Thursday and when the issue was taken up by the State Records Committee.

After the hearing, the attorney for DPS declined to comment.

But Jeff Hunt, an attorney for the Deseret News and Salt Lake Tribune, said by not releasing the video the agency was only fueling public speculation about what's in the records -- records the State Records Committee voted to release.

Hunt said, "Based on our review of the dash cam video and the record, we believe that there's nothing in there that, if released, would jeopardize his right to a fair trial. Almost all the information and the pertinent facts regarding the stop are already in the public record anyway."

"The committee, in a 3-2 decision, found that these records should be made public and issued a decision stating that," said Paul Tonks, attorney for the State Records Committee.

Judge Denise Lindberg made no decision Thursday and took the issue under advisement. Killpack's trial on the DUI charges is set for August.

Killpack was arrested in the early morning hours on Jan. 15 after a trooper spotted him driving erratically near 3300 South and 700 East. The trooper ran Killpack through a field sobriety tests, then asked him to take a pair of breath tests. UHP said he refused, so they obtained a warrant to draw blood.

Prosecutors allege his blood alcohol level was .11, above the legal limit of .08. He resigned from the Legislature the next day.

Killpack has pleaded not guilty to misdemeanor charges of DUI and failure to signal.

Earlier this month, Killpack's attorneys saw the dash cam video and claim it doesn't show two of four traffic violations Killpack allegedly committed.

They've filed a motion requesting the judge to suppress the evidence against Killpack, arguing the video shows the trooper had no basis for the traffic stop in the first place.

E-mail: jdaley@ksl.com

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