04/19/14

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

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 . 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.

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