November 23, 2011

SandBox Comments: Aspen Daily News "Defendant in cocaine case to remain jailed"

"An Eastern European man will remain in jail despite the suppression of key evidence in his cocaine case, a judge said Monday.

Andrian Arapu, 25, of Moldova, has been in jail since his arrest in April on a felony count of possession of cocaine with intent to distribute.

Earlier this month, Judge Gail Nichols of Pitkin County District Court ruled that evidence found in his former residence at the Copper Horse Apartments on Main Street cannot be used.

When he was originally detained by immigration agents for being in the country on an expired visa, Arapu gave a police detective permission to stay behind to collect the defendant’s personal effects and to lock up.

But Nichols ruled that the detective exceeded the scope of that authority when he remained in the residence, which other officers allegedly entered without Arapu’s permission, and eventually found nearly 1.5 ounces of cocaine, a scale, baggies and a loaded handgun.

After the ruling, Chief Deputy District Attorney Arnold Mordkin, who told Nichols that he cannot prosecute Arapu without that evidence, filed a notice of appeal with the Colorado Supreme Court. That automatically stays all proceedings in the case, including a potential motion to dismiss.

“I don’t have any choice. I have to wait” for the state Supreme Court’s decision, Nichols said...."
(Chad Abraham)

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"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

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