Justice Steven Barrett
Officer Becker was charged with official misconduct. He moved to dismiss the indictment alleging prosecutors failed to present legally sufficient evidence establishing the charged crime. It was alleged Becker put his hand on Noonan’s breast while he was placing her in the backseat of his vehicle after arresting her for driving while intoxicated. Also, Becker made a video recording of Noonan without her knowledge or consent, zooming in on her lower torso and buttocks. Becker and Noonan engaged in text conversations, and went on a date after which Noonan awoke with a swollen eye in Becker’s bed. He claimed she became very intoxicated at a bar the previous night and fell, thereby sustaining the eye injury, but denied having any sexual contact with her. The court stated the legislature included two mens rea requirements in the official misconduct statute, finding neither was satisfied. It noted evidence failed to show Becker knew the act of taping Noonan was an unauthorized exercise of a police function. Thus, while Becker noted making the video was crude, same also provided evidence he did not believe he did anything wrong. The court ruled prosecutors failed to establish prima facie proof of all the elements of the charged crime, granting Becker dismissal.
