January 30, 2012

SandBox Comments: Aspen Daily News "Drug defendant, jailed for nearly 10 months, waits for Supreme Court ruling"

Chad Abraham:

"The longest-serving inmate in the Pitkin County Jail inquires daily about the status of his case at the Colorado Supreme Court, his attorney said Thursday.

Andrian Arapu, 26, originally of the Eastern European nation of Moldova, is “doing OK,” said the defendant’s lawyer, John Van Ness of Woody Creek, on Friday. “He’s getting antsy, though.”

Arapu, who has been in jail since his April 6 arrest, remains charged with possession of cocaine with the intent to distribute and a lesser count of possession, despite a judge’s suppression in November of pivotal evidence.

Arnold Mordkin, chief deputy district attorney, said at a Nov. 7 hearing that he cannot prosecute Arapu without the evidence, and a ruling like the one a local judge made would usually free a defendant.

But Mordkin in December appealed the ruling by Judge Gail Nichols of the 9th Judicial District to the Colorado Supreme Court. That move automatically stayed all proceedings — such as Nichols potentially approving a motion to dismiss — and the case could remain stalled for months before the high court takes it up. The justices could also decline to hear the appeal, which would automatically uphold Nichols’ ruling..."  (Read more?  Click title.)

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