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Clearwater Police Faulted On Oversight Of McDonald's Video

News Channel 8 photo by WALLY PATANOW

Jean Merola is accused of obstructing a public place.

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By STEPHEN THOMPSON | The Tampa Tribune

Published: July 10, 2008

Updated: 07/10/2008 02:59 pm

CLEARWATER - Technically speaking, the Clearwater Police Department violated evidentiary procedure by not preserving surveillance video taken at a McDonald's restaurant the day an elderly woman was arrested outside, a judge said today.

But whether that oversight significantly affects Jean Merola's right to a fair trial remains to be seen, the judge said. So, County Judge Patrick Caddell said today, he is withholding a final ruling on Clearwater police officers' actions until later.

Caddell's remarks came as Merola, now 76, was about to stand trial on charges she obstructed a public way. The charge stems from a city ordinance.

On Jan. 17, she was arrested at the McDonald's drive-through at 1934 Hercules Ave. N. after Clearwater Police Officer Matthew Parco repeatedly instructed her to move her Lincoln Town Car while she waited for an order of french fries without salt.

Initially, she was charged with disorderly conduct, a misdemeanor. Later, the Pinellas-Pasco State Attorney's dropped that charge and replaced it with the much less serious city ordinance violation. Merola has rejected an offer by prosecutors that she plead guilty and pay an $88 fine.

Caddell's qualified ruling came despite testimony elicited by Assistant State Attorney Robin Allweiss showing that Clearwater police never saw nor had access to McDonald's surveillance video taken Jan. 17.

A Clearwater police sergeant asked about the surveillance video on Jan. 21, four days later. At that point, Sgt. Walter Lee Jr. was told the surveillance video had been erased. He also testified he didn't think the video was important as it showed the area where cashiers take money from customers at the drive-through window, not the area outside where Merola and Parco had their confrontation.

Opening arguments in the trial are scheduled for this afternoon.

Reporter Stephen Thompson can be reached at (727) 451-2336 or spthompson@tampatrib.com.

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