A recent set of stories out of northwestern Minnesota shine a spotlight on just how hard it can be to fight against the testimony of a cop, and how easy they can use this position of power to manipulate a story.
Recently, Minnesota State Patrol Sergeant Sylvia Maurstad was labeled “Giglio Impaired” by Roseau County Attorney Karen Foss. This is almost unprecedented because Foss is a prosecuting attorney who oftentimes relies on the testimony of police officers to make her case against a defendant. For her to label a cop as Giglio Impaired – which derives from a 1972 Supreme Court case that suggests a person’s testimony may be unreliable – by someone on their same side is truly fascinating.
“The Giglio impaired distinction does not prevent my office from using Sergeant Maurstad as a witness in criminal proceedings but brings her testimony into question at any stage in the process,” Foss said in an email to the Herald. “If she is providing testimony, the validity of the testimony is decided by the judge or the jury.”
The Giglio Impaired Designation
So why did Foss give Sgt. Maurstad the Giglio Impaired designation? Here’s a list of some of the complaints and facts surrounding her tenure on the force:
- She has a reputation for aggressiveness and having court cases dismissed.
- The distinction was officially given after an impaired driving case was thrown out because she lacked probable cause to stop the vehicle in question.
- An area defense lawyer said she “lacks discretion” and “the jury will erupt in laughter” if they hear she’s testifying.
- A Facebook group named “People of Roseau County against Sylvia Maurstad’s Power Trip” has 426 members. Roseau County has a population of about 15,500.
- The mayor of Baudette said he’s been fielding complaints about Maurstad for years, and he once drove over 300 miles to talk with then-commander of the State Patrol to voice his concerns about Maurstad.
- Maurstad’s husband, who was a police officer in the same jurisdiction, was fired for sexual harassment and misconduct.
Despite all these issues, Sgt. Maurstad remains on the force and continues to testify against citizens at trial. The fact that she has been labeled Giglio Impaired sounds absurd, but she’s not the only officer that acts this way. There are plenty of other cops who are a lot more discrete in the way they conduct themselves or write their reports to get the result they want to achieve, which is why it is often so hard for an individual to win a he said-she said case against a cop.
The best way to challenge your case in court, especially if it is going to come down to your word versus the word of an authority figure, is to hire a criminal defense attorney. We know how to spot police lies and catch them by using their own testimony against them. Don’t try to go it alone and risk being put in jail because a police officer bent the truth.
Cops put their lives on the line every day and the vast majority are great at their job, but there are a few bad apples that take the law into their owns hands, which hurts the public. If you think you have been abused by an officer or an authority figure, reach out to a defense firm like Appelman Law Firm today.
