DW was arrested when an undercover police officer identified him as the individual who sold him three bags of heroin in exchange for prerecorded funds. He was charged with manufacture or delivery of a controlled substance. Due to DW’s background, he was facing a mandatory class X felony. Class X felonies are punishable by 6 to 30 years in prison.
During our investigation it was discovered that the surveillance team temporarily lost sight of the seller after the transaction and that the prerecorded funds were not found on his person upon the arrest of DW. Additionally, DW was apprehended and released on the date of the incident. But he was not arrested and charged until about a month later.
Armed with the information we had put together in our investigation we went to trial. During a rigorous cross examination, the officers admitted to losing sight of the seller and not recovering the prerecorded funds. We then asked the officer if DW was arrested, processed and fingerprinted on the date of the sale. The officer replied, “No.” He explained that on that day they released DW and then picked up approximately one month later and charged him then. This appeared to be the tipping point in the case. After closing arguments, the Judge ruled that he believed reasonable doubt existed as to whether or not DW was the man who sold the three bags to the undercover officer. – FINDING OF NOT GUILTY
