FORT LAUDERDALE, FLA. (WSVN) - The trial for former Hollywood Police Officer Matthew Barbieri is back on track after Monday’s last-minute ruling, although prosecutors are having trouble getting a hold of the victim after he didn’t appear in court.
On Tuesday, Raymond Schachner, the victim, was set to undergo cross examination by defense attorneys but failed to appear in court.
The trial was set to last only four days but has dragged on for three weeks.
Barbieri has been accused of using excessive force after he was caught on home surveillance video slapping Schachner while handcuffed.
The incident occurred two years ago, Schachner’s own father had called law enforcement on his son and said Schachner was on drugs and out of control.
Schachner testified last week and told the courtroom, “When I got hit across the face, I felt it all the way into my ear canal and on the bottom of my jaw.”
Before defense attorneys were able to question Schachner on Monday, prosecutors objected stating his testimony included sensitive information, and they don’t want what Schachner may tell the courtroom to be made public.
They asked for media outlets to be removed, but the request was unsuccessful.
“The press is a surrogate for the public,” said attorney Karen Kammer, “and all proceedings in Florida court are presumptively open.”
It became a moot point as Schachner failed to appear in court Tuesday, which led the defense to ask for a dismissal.
“For the state to now move forward with other matters while I am in an active cross-examination,” said a defense attorney, “so prejudicial that I can’t even believe its found any place.”
The judge denied the defense motion of dismissal.
Testimonies are set to continue.
If convicted, Barbieri could face up to a year behind bars.
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