Trial delayed for Atwater detective charged with DUI

A nearly 2-year-old drunken driving case against an Atwater police detective was delayed again Tuesday after her attorney said he still has not received all of the documents necessary to argue the case in Merced Superior Court.

Lisa Howard, 33, has pleaded not guilty to hit-and-run and drunken driving charges in connection with a 2013 vehicle crash on Augusta Lane in Atwater. Howard was off duty at the time of the incident, authorities have said.

Howard on Tuesday seemed frustrated with the delay and was seen shaking her head as Judge Paul C. Lo rescheduled the trial for April 21. She declined to comment to the Sun-Star.

Her attorney, Kirk McAllister, told the court he needed copies of an affidavit and a search warrant, as well as other unspecified evidence in the case.

The postponement came after McAllister filed a motion to examine personnel records of at least one Atwater police officer, whose identity was not released in open court. It was not clear what information the defense was hoping to glean from the unidentified officer’s records, but the judge denied the motion after a brief review of the personnel records behind closed doors.

Atwater police Lt. Samuel Joseph, who was involved in the private meeting with the judge, said he could not comment on any personnel-related matters.

Howard has been on paid administrative leave since the time of the incident, which police Chief Frank Pietro has said is the longest period of leave he’s dealt with in his career. He has said the extended leave has further hindered his cash-strapped and understaffed Police Department.

Sara Rosenthal, the deputy district attorney prosecuting the case, said it’s not unusual for such cases to be rescheduled numerous times. Tuesday’s postponement was at least the ninth such delay in the case, according to previous reports.

“It’s always based on how the court’s calendar works,” Rosenthal said. “It’s not unusual. There are numerous (misdemeanor) cases every day and it’s based on the availability of the court and whether the attorneys in a case are ready. It’s the same as every other case.”

This story was originally published March 17, 2015 at 6:28 PM with the headline "Trial delayed for Atwater detective charged with DUI."