Judge Rules Not to Allow Some Evidence in Drug Case
The following article appeared at kktv.com. Please read below or view here:
http://www.kktv.com/home/headlines/95071624.html
The criminal case against a suspected ring of meth dealers in Colorado Springs has hit a setback. On Thursday, Fourth Judicial District Judge Deborah Grohs agreed to suppress a vital piece of the prosecution's evidence.
The case is linked to what authorities called a major drug bust in 2009 dubbed "Operation Jeez Luis," in which narcotics officers captured a string of people accused of moving meth along the front range.
"I thought there was insufficient evidence showing my client was involved in any criminal activity whatsoever," said defense attorney Josh Tolini. Tolini is representing Jorge Perez, who investigators believe was behind the drug-dealing operation.
Arrest papers obtained by 11 News show the year-long combined law enforcement effort involved wiretaps approved by 4th Judicial District Chief Judge Kirk Samelson at the time of the investigation in 2009.
"The issue is when they went to Judge Samelson, his son was actually working in the District Attorney's office at that time, which creates not alleging actual impropriety, but the appearance of it," Tolini said Thursday.
The calls intercepted by those wire taps, detailed in the arrest paperwork, have for now been suppressed.
"It's not everything, but it's an important part of the case too," said 4th Judicial District Deputy District Attorney Jack Roth.
Roth would not discuss the defense's claim of the appearance of a conflict of interest linked to the wiretaps, but plans to move forward with fighting the Grohs' decision.
"There's all kinds of oversight that has to be done with this, which is why we're going to appeal," Roth said.
Authorities netted hundreds of thousands of dollars worth of crystal meth, seized guns and made 15 arrests during "Operation Jeez Luis."
The move to suppress the wiretaps would impact several other people reportedly linked to the criminal case. Roth indicated the appeals process could take months to complete.
The trial of Jorge Perez, in the meantime, is scheduled to start the first week of June.