State v. Matvichuk

State v. Matvichuk, cause number MB96-49343.

In 1996, Sasso and Charles Clay represented Richard Dorian Matvichuck, a starting defenseman for the Dallas Stars, a local professional hockey organization. Mr. Matvichuck had been arrested by the Dallas Police Department coming out of what was then Country 2000, at Manana and Interstate 35. The arresting officer was Scott Reinert. Matvichuk was field tested and arrested. He was taken to th Lew Sterrett County Jail, where a videotape was made of him performing standardized field sobriety tests. He performed fairly well, was cooperative and polite at all times. He took a breath test and scored a .17. A Dallas County jury acquitted Mr. Matvichuck after a four day trial. There was no in-car video of Mr. Matvichuk at the scene. They acquitted based upon a reasonable doubt as to whether the initial stop and detention was legal. He was stoppped for allegedly running a stop sign on the northbound east service road. Sasso introduced many photographs in the trial showing that the line markings were defective. The photographs were taken by Sasso with a 35 mm Pentax SLR set for maximum depth of field. There were 8×10 black and whites with matted finish (Mattie was Richard’s nickname) taken with 400 ASA Tri-X.

The photographs, and Sasso’s cross-examination of Officer Reinert, along with expert testimony from well respected toxicologist, Dr. Gary Wimbish, were, according to the jury after the trial, instrumental in bringing truth to the proceedings.The cross-examination of Officer Reinert was effevtive, in part, because the photographs, taken from every conceivable angle, and based on Officer Reinert’s own testimony, showed that he could not have seen what he said he saw from where he said he was, because his view of the stop lines for the northbound traffic was obstructed, There was evidence the vehicle did in fact stop. Unbeknownst to Officer Reinert, there were thirteen off-duty Arlington police officers in a white van directly behind Matvichuk’s vehicle, who had been out celebrating a bachelor party. They knew Mattie. Sasso called the designated driver to testify. His name is Sgt. Martin Emwallie and he had consumed no alcohol. Judge Vickers Cunningham had denied Sasso’s motion to suppress shortly before trial. The jury however, essentially overruled Judge Cunningham and acquitted because of 38.23 of the Texas Penal Code. The Dallas Stars won the Stanley Cup in 1999.