Daniel P. was recently arrested for Possession of Heroin with Intent to Deliver, a Class 1 Felony.  A Chicago Police officer testified against Daniel at the preliminary hearing.  She testified that she observed Daniel pacing back and forth on Augusta late in the evening.  When she approached, he fled.  She lost sight of him, and radioed a description over the OEMC central communications radio.  Daniel was grabbed by other Chicago Police Officer’s several blocks away. Under cross-examination the officer’s story started to break down.  It became apparent that at best she was extremely confused about the events she observed that night.  At worst, she was fabricating certain parts of her testimony.  Our investigation of the scene prior to the hearing was extremely valuable.  We used the information we gathered to impeach the officer, and the result was a Finding of No Probable Cause, Case Dismissed.


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