Ex-Clinton officer may have violated probation in testimony at murder trial

Oct 31 2012 - 11:56am

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Dean Livingston, a former Clinton police officer, sits in the Davis County Justice Center following his sentencing Oct. 7, 2010, for a third-degree felony computer crime. He is now accused of lying on the stand in a Weber County homicide case that is under appeal. He is set to appear in court Thursday on a probation violation stemming from his testimony in that case. (Standard-Examiner file photo)
Dean Livingston, a former Clinton police officer, sits in the Davis County Justice Center following his sentencing Oct. 7, 2010, for a third-degree felony computer crime. He is now accused of lying on the stand in a Weber County homicide case that is under appeal. He is set to appear in court Thursday on a probation violation stemming from his testimony in that case. (Standard-Examiner file photo)

FARMINGTON -- A former Clinton police officer who pleaded guilty in 2010 to a third-degree felony may have violated his probation when he testified in a Weber County murder trial last year, according to court documents.

Dean E. Livingston, 46, has been summoned to appear Thursday before Judge Thomas L. Kay in 2nd District Court.

Livingston pleaded guilty Aug. 27, 2010, to one count of computer crimes. In October of that year, Kay sentenced Livingston to 30 days in Davis County Jail, with work release, and to serve three years' probation with a private probation service.

Kay had suspended a sentence of up to five years in Utah State Prison.

Livingston testified July 18, 2011, as a witness in the murder trial of Robert Lee McCullar, according to an affidavit filed Sept. 14 in 2nd District Court.

The affidavit is an order to show cause for violating the terms and conditions of probation.

The Ogden jury found McCullar guilty of the stabbing death of Filiberto Robles Bedolla, 49, in his Ogden apartment at 2560 Adams Ave.

McCullar is serving 15 years to life in Utah State Prison. The case is being appealed.

According to the court document, Livingston testified as to the actions he took as an autopsy technician at the scene of the homicide.

Tom Hudachko, public information officer with the Utah Department of Health, said Livingston started working with the Office of the Medical Examiner in 2005 as a medical examiner investigator. Livingston is now employed as an autopsy assistant.

According to McCullar's court docket, Livingston was called by McCullar's defense attorney to testify.

According to the order to show cause document, on cross-examination, the prosecutor asked Livingston "whether he had his POST certification suspended because he had lied during an internal investigation."

While under oath, Livingston said "he had been suspended because of an ethics violation," according to the document.

The prosecutor again asked if "the suspension had anything to do with him being dishonest in the internal investigation," and Livingston again said it was because of an ethics violation, according to the document.

"The prosecutor then asked the following question, 'So we're clear, you're saying it had nothing to do with you being dishonest?" according to the document.

Livingston said, "That's correct," according to the order to show cause.

Weber County Attorney Dee Smith said he turned Livingston's testimony over to the Davis County Attorney's Office "because they have the underlaying case there."

Smith could not comment on whether Livingston's testimony could cause problems with the McCullar case because the homicide case is still being appealed.

Livingston was charged in August 2010 after officers learned he had gone into the Clinton Police Department's computer system from his home computer, looking for information about an internal affairs investigation being conducted on him, police had said.

In March 2010, the Utah Peace Officer Standards and Training put Livingston on a three-year suspension.

POST investigators said Livingston lied during the Clinton Police Department's internal affairs investigation into an anonymous complaint that he had been driving an unmarked police car to the home of a married woman.

Livingston had admitted to driving the police car but maintained it was a friendship, not an affair, although he later said he had kissed the woman.

Livingston worked with the Clinton Police Department for 17 years before resigning following the internal investigation.

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