115 DUI cases could be jeopardy after former corrections officer's alleged actions
Daniel Lister (Source: LMPD)
LOUISVILLE, KY (WAVE) – Dozens of DUI cases could be in jeopardy after a former Louisville Metro Corrections officer was accused of contacting and meeting up with female inmates right after they were released.
Officer Daniel Lister was a breathalyzer operator at Louisville Metro Department of Corrections before he resigned in November amid these allegations.
The case was turned over to the Louisville Metro Police Public Integrity Unit, but Lister was not criminally charged. An internal investigation found that he did violate department policy.
Lister worked for Metro Corrections for five and a half years before resigning in November, the day before his termination hearing.
According to an internal report, Lister would meet female inmates during his work hours and then would attempt to contact them after they had been released. Romantic relationships with current or former inmates is strictly prohibited. Jail officials spoke to seven former female inmates who Lister had as Facebook friends, only one woman claimed to know Lister prior to her arrest.
Lister's primary duties at Metro Corrections was as a breath test operator. According to the report, Lister used one female inmate's cell phones and took a picture of her in handcuffs while in the lab.
During sworn testimony Lister stated he had communication with at least three of the former inmates, one he acknowledged he could have had to testify against her in court. According to the report, Lister and an inmate would text pictures of themselves to each other in one he was wearing a bullet proof vest and in another nothing, but shorts.
Now at least 115 cases are in question. The Jefferson County Attorney's Office is reviewing every one and notifying defense attorneys.
While BAC results can be a crucial part of a DUI trial the county attorney's office said they can move forward.
"Our prosecutors that handle our DUI cases will begin looking at these on a case by case basis to determine whether we can still make these cases and continue to trial," said Paul Gold, a defense attorney already received 15 notices. He said it will be extremely difficult for the state to get any convictions under these circumstances.
According to Lister's resignation letter he resigned due to new job opportunities. He could not be reached for comment.