March 7, 2012

SandBoxBlogs: Aspen Daily News "Officer’s intent crucial in drug case, attorneys say"

Chad Abraham:
".,..In the arrest affidavits for two defendants is an identical sentence that could prove pivotal in the separate case of an Aspen man charged with multiple drug felonies, say three of the state’s top defense attorneys.

They recently weighed in on the unusual case of Thomas Simmons, 22, of Aspen. He was arrested Feb. 4 for tampering with evidence after a police officer wrote in a warrant that Simmons was caught on surveillance footage trying to hide a baggie of MDMA, or ecstasy, at the Belly Up.

The tampering case was dropped a few days later when police realized the person on the footage was not Simmons. For Simmons, who allegedly had cocaine and ecstasy on his person when he was arrested, and ounces of those drugs, along with LSD and psilocybin mushrooms, in his Park Circle apartment, the police mistake may not matter.

Despite the faulty warrant that led to his arrest, the details in the second warrant to search his home remain “compelling,” Aspen prosecutor Arnold Mordkin said in a Feb. 13 court hearing.

But does the misidentification undermine the entire case?...."  (Read more?  Click title)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."

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