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Rare ‘Perry Mason’ moment in court

 
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tatee View Drop Down
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    Posted: Apr 18 2014 at 1:24pm

Rare ‘Perry Mason’ moment in court wins dismissal for defendant, desk duty for 5 police officers

Posted Apr 15, 2014 1:20 PM CDT
By Martha Neil


Updated: A seemingly routine suppression hearing in a suburban Chicago courthouse last month took an unexpected dramatic turn when video from a police car was introduced that disproved the testimony of five police officers.

They had said Joseph Sperling was arrested after officers who pulled him over in a traffic stop smelled marijuana, searched the vehicle and found nearly a pound in a backpack lying on the back seat of his car. But the Glenview police video showed the search occurred only after Sperling was taken from his car, frisked and handcuffed, reports the Chicago Tribune (sub. req.). The newspaper dubbed it "a 'Perry Mason' moment rarely seen inside an actual courtroom."

Castigating the officers for their "outrageous conduct," Cook County Circuit Judge Catherine Haberkorn granted a defense motion to suppress the search, which eliminated a basis for his arrest and resulted in a swift dismissal by prosecutors of the felony drug case against the 23-year-old.

"All the officers lied on the stand today," said Haberkorn, who herself is a former prosecutor, at the March 31 hearing. "So there is strong evidence it was conspiracy to lie in this case, for everyone to come up with the same lie."

The officers were later put on desk duty as investigations of their conduct proceed.

The Tribune says the Glenview arrest of Sperling last June came at the request of Chicago narcotics officers who had Sperling under surveillance. They asked local police to pull him over in a marked car, which occurred when Sperling allegedly failed to use his turn signal (he says he did). Then, one of the Chicago officers testified, he smelled marijuana as he waited for Sperling to produce his license and registration. Sperling testified he was never asked to do so.

The officer, supported by testimony from four other Chicago and Glenview officers, said he ordered Sperling to exit the vehicle and stand by the trunk as he searched it. However, the video shows the search didn't occur until after Sperling was sitting, handcuffed, in a police car.

Another discrepancy in testimony concerned the location of the backpack in which the marijuana was located: Police said it was in plain view on the back seat of the car. Sperling said it was under the seat.

If not for the video, which Sperling's lawyer Steven Goldman got by issuing a subpoena to the Glenview police department, and produced in rebuttal at the suppression hearing, Sperling likely would have been convicted and jailed, the attorney told the newspaper.

Now Sperling has filed a federal civil rights suit over his arrest.


http://www.abajournal.com/news/article/rare_perry_mason_moment_at_trial_wins_acquittal_for_defendant_desk_duty_for/



Edited by tatee - Apr 18 2014 at 1:25pm
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Benni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benni Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 1:44pm
I get it that it was an illegal search, lies, conspiracy by the police. They should not only be suspended, but fired!!   But Why is he filing a Civil Rights Suit, wasn't he in possession of Marijuana ??

Am I missing something
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Post Options Post Options   Thanks (3) Thanks(3)   Quote tatee Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 2:36pm
normally id be like bruh, take that get out jail free card and go and sin no moreLOLbut he has a really good case.  those cops didnt have to set him up because the arrest was handed to them from the narcotics officer.  they conspired to provide false testimony because the knew they messed up somewhere along the line and he would walk if they didnt.  you cant be all free and willy nilly with the law and peoples rights.  im sure it usually works but you cant win all the time.

now why havent these cops been arrested for perjury...oh i already know.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote shellbee823 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 3:15pm
We break the law we go to jail. They break the law they get to work in the office. Hmmmm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote liesnalibis Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 3:20pm
Sooooo...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote creole booty Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 4:00pm
Why did they lie? I'm sorry I just don't understand lol
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Post Options Post Options   Thanks (2) Thanks(2)   Quote purple.chuckz Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 4:38pm
I think all police officers should have to wear google glasses and tape every single arrest.
We have the technology, use it. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benni Quote  Post ReplyReply Direct Link To This Post Posted: Apr 18 2014 at 4:53pm
IDK. Judge Judy always say, "you can't come to Court with dirty hands".    Granted, the Cops did wrong and the Judicial System should deal with them harshly.   But if I got caught with something illegal, and got off on a technicality, I will leave well enough alone and be very grateful I had a good Lawyer.


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