Defense attorney Brian Di Pietro filed a pre-trial motion to suppress the use of the in-store security camera recording because the version supplies to the defense was not able to be played and the state was aware of this.

The court agreed that it would be unfair to the defense to allow the state to play the recording as evidence and suspended its use.

The defendant admitted he shoplifted upon his arrest.

During trial the state attempted to elicit testimony of store employee who observed this alleged shoplifting on the monitor of the security camera. Mr. Di Pietro objected to this line of testimony as it was violated the court;s ruling of suppression of the surveillance video. The state argued it was testimony based on the witness's observation but the court ruled all evidence of the result of the video was suppressed. Thus the state was unable to establish the corpus delecti of the crime which was necessary in order to admit defendant's confession.

Since the only evidence left was the confession which would not be used before the state could establish the crime was committed, it had to dismiss the charge.