Film and television stuntwoman Kim Washington Longino, a.k.a. Kym Washington Longino, came before Edgartown District Court Judge Benjamin Barnes via Zoom Monday for a motion hearing seeking to suppress evidence in her ongoing drinking and driving case.
Longino was charged with driving under the influence of alcohol following a Tisbury Police stop on July 24. She was subsequently charged with operating on a suspended license after allegedly being observed at the wheel of a vehicle by a Tisbury Police officer on August 25. Edgartown attorney Martin (“Skip”) Tomassian told Judge Barnes it was his intention to seek suppression of “everything that could be possibly considered evidence” after police stopped Longino on July 24. He requested a postponement of Longino’s already delayed arraignment for operating with a suspended license because the motion to suppress could effectively nullify the charge. Longino waived her right for direct confrontation of a witness, thus both paving the way for Tisbury Police Officer Nick Sidoti to take the stand as part of the hearing, and for Tomassian to question him remotely. Officer Sidoti and Cape and Islands Assistant District Attorney Michael Preble and Judge Barnes were physically in the courtroom when Sidoti was sworn in by Edgartown District Court Clerk Magistrate Liza Williamson, who was also physically present.
In response to questions from Preble, Sidoti recounted the events that led to Longino’s stop in July. Among other things, he said, he observed the vehicle she was later identified as the driver of weaving within its lane, and accelerating and decelerating. Sidoti also said following the use of cruiser lights and a siren, Longino made one or more sudden stops before coming to a final stop, which was similarly abrupt.
Preble asked Sidoti if the person he stopped that night could be identified in the proceeding. Sidoti, who had a screen before him in the courtroom, identified Longino by the attire she appeared in on her Zoom feed.
In cross-examination, Tomassian pressed Sidoti on whether or not he’d observed Longino actually commit any motor vehicle infractions. After Sidoti was provided a copy of his police report to review, Tomassian asked if he’d written not witnessing any infractions. Sidoti didn’t quite agree with the way Tomassian stated the question, but he nonetheless read a passage from his report that jibed with not observing infractions. Tomassian later closed by saying Sidoti pulled over Longino on a “hunch at best” or because he was “fishing at most.”
In closing, Preble said Sidoti’s testimony showed he had reason to stop the vehicle. Preble conceded there may not have been observed infractions, but argued that was moot because of the irregularities the motorist was exhibiting.
“Based on those observations,” he said, “I would suggest a reasonable officer … could form probable cause or reasonable suspicion to stop a motor vehicle and conduct an investigation to either OUI or a negligent operation.”
Judge Barnes took Tomassian’s motion to suppress and the commonwealth’s objection to it under advisement. He set Longino’s next court date for April 30.