Key witness in Atwater detective DUI case to testify at special hearing

The one officer who spoke with an Atwater police detective the night she is accused of walking away from a drunken-driving crash in 2013 will be required to testify in the case, a judge ruled Tuesday, but it’s unclear whether his statement will ever be heard by jurors.

Atwater Officer David Sarginson, the prosecution’s main witness in the case against Detective Lisa Howard, has been on medical leave since March 18 when he suffered major injuries in an unrelated vehicle crash. Prosecutors say Sarginson’s doctors contend he is unable to offer testimony.

Howard, 33, has pleaded not guilty to misdemeanor charges stemming from an off-duty crash in her 2011 Camaro. She is accused of driving under the influence of alcohol and walking away from the scene after her vehicle crashed into a house, a palm tree and two parked cars on Augusta Lane in Atwater. She has been on paid leave since the crash.

Sarginson’s testimony is critical to the case, but there’s no timetable for when he could return to duty or be cleared to testify. Howard has refused to waive her right to a speedy trial, putting prosecutors and the defense attorney at loggerheads over when the trial may occur and who will testify.

During a closed court session Tuesday, Sarginson spoke about his medical condition before Judge Robert Baysinger. The judge then ordered Sarginson to testify at an upcoming hearing, described in court as a “conditional exam.”

Tuesday’s session with Sarginson was closed to the public, including the media, due to the officer’s right to medical privacy. Howard’s attorney, Kirk McAllister, objected to the closed proceeding, arguing it violated his client’s right to have her hearings in open court.

The conditional exam was set for Oct. 2. It will include a judge, court reporter, prosecutors, Howard and her attorney, but it remained unclear Tuesday whether the public or the media would be allowed inside during the proceedings.

“There has been no indication either way from the court on that question yet,” said Sara Rosenthal, the deputy district attorney prosecuting the case. “The purpose of a conditional exam is to preserve testimony that might be lost or unavailable at the time of trial.”

It is unclear whether the exam, which the judge said would be videotaped, will be available to the jury that will hear Howard’s trial. The trial judge, Paul C. Lo, could ultimately rule the exam testimony inadmissible.

Sarginson was the only officer to speak with Howard on the night of the August 2013 crash. He spoke with her at her home shortly after officers found her vehicle. In his report, Sarginson said Howard told him she planned to say she started drinking after the crash. Sarginson noted in his report that he did not see any bottles of alcohol in her home.

Howard refused to speak with California Highway Patrol investigators at her home that same night, officers have said.

Police Chief Frank Pietro has called Howard’s more than two-year paid absence the longest he’s seen in his career and said it’s hampered his already understaffed, cash-strapped department.

McAllister repeatedly has stated his client wants to settle the issue quickly and noted delays over the past several months have been prompted by the prosecution.

Howard returns to court Sept. 25 for another hearing that could determine whether her defense attorney has a right to view Sarginson’s medical records in preparation for the trial. Howard’s jury trial is scheduled to begin Oct. 20.

This story was originally published September 15, 2015 at 7:11 PM with the headline "Key witness in Atwater detective DUI case to testify at special hearing."