Defense attorney wants prosecutor’s office taken off drug case
Brad Dicken | The Chronicle-Telegram
ELYRIA — The attorney for a Texas man arrested when police broke up a drug-running operation earlier this year wants the Lorain County Prosecutor’s Office thrown off the case.
Kenneth Lieux, who represents Tito Marrero, said assistant county prosecutors Tony Cillo and Billie Jo Belcher accompanied police when officers executed a search warrant on an East 33rd Street home in January.
That makes them both potential witnesses, Lieux said, particularly because he’s arguing to have the evidence gathered during the search thrown out because he believes officers exceeded the scope of the warrant.
County Prosecutor Dennis Will said Cillo and Belcher were there to advise police on the legality of the search and didn’t arrive on the scene until the search was completed. Prosecutors occasionally accompany police on raids to make sure searches are properly conducted, Will said.
Lieux said he doesn’t dispute that Cillo and Belcher were permitted to accompany police, but that they crossed the line into being law enforcement and potential witnesses when they did so.
“I’m not saying they can’t do it, but once they do it, they become a witness,” he said. “You can’t be a witness and an advocate.”
Lieux also said Marrero told him that while he didn’t know who they were at the time, he saw Cillo and Belcher directing the search while it was being conducted.
“He said there was a guy and a girl who were there acting like prosecutors, telling the cops what to do,” Lieux said.
Lieux contends that police weren’t entitled to search Marrero or the locked duffle bag he was carrying because the search warrant was for the home of his client’s uncle, Jose Rodriguez, not for whoever happened to be at the home and their property.
Marrero, Jose Rodriguez, Perfecto Rodriguez and James Songer all face drug trafficking and other charges in connection with the raid and an investigation that began in September 2007 into the alleged drug distribution ring.
Police seized about a half-kilo of cocaine valued at about $75,000, cash and marijuana during the raid. The bulk of the cocaine was reportedly found in Marrero’s bag, according to the search warrant inventory.
Will said that even if Cillo and Belcher end up being witnesses in the case, there’s nothing that precludes his office from continuing to prosecute the case.
“I respectfully disagree with Mr. Lieux,” he said.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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Filed by Brad Dicken | The Chronicle-Telegram November 21st, 2008 in Local and State. Popularity: 1% |
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Comments
Comment from
allmoney1996
November 21, 2008, 10:27 am
“He said there was a guy and a girl who were there ACTING LIKE PROSECUTORS, telling the cops what to do,” Lieux said.”
Today’s “Stupid Comment” Prize…How does a “prosecutor” act??
Comment from
DH
November 21, 2008, 10:34 am
Am I understanding this correctly?
A search warrant for the home is only for the home and those who live there. It sounds like you can hand over a duffle bag, in this case, to your nephew full of drugs but they are not allowed to search him and his stuff.
What a Joke
Comment from
JZ
November 21, 2008, 8:32 pm
The Joke is the Drug War. Al Capone/Carlos Escobar/Same Problem/Same Solution.
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