All that was kept for a possible civil trial was a copy of the original tape--which is of problematic quality, at best--retained by the County Attorney's Office, according to Lisa Allen, spokesman for the sheriff's department.
But that tape will probably be of little use, Anderson says, because of its poor quality. (An independent video expert given a copy of the tape by New Times said there was almost nothing that could be done to enhance its quality.)
That leaves Osipenkof wondering if he is once again a victim of the process. It strikes him as odd that the county took great pains to save the tape when it wanted to prosecute him, but lost track of it when he wanted it for his own case.
He says he is still hopeful that he will be able to recover damages for his suffering. But without the tape, he is facing an uphill battle.
"If I hadn't had that tape, I definitely would have been found guilty [at the criminal trial]," he says. "I was hurt bad, and I imagine that's why they're covering this up.