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Title: Florida Man Jailed 41 Days Over 92 Grams of...Laundry Detergent
Source:
Reason
URL Source: https://reason.com/blog/2019/01/30/ ... n-jailed-41-days-over-92-grams
Published: Jan 30, 2019
Author: Joe Setyon
Post Date: 2019-02-04 06:42:45 by Deckard
Keywords: None
Views: 8444
Comments: 92
A Florida man spent 41 days behind bars after police found a powdery white substance in his van last month. Spoiler alert: It wasn't drugs. Matthew Crull, 28, of Port St. Lucie, was sitting in his newly purchased van on December 5 when Martin County Sheriff's Office deputies arrived at the KFC parking lot where he had fallen asleep. Someone had reported the vehicle as suspicious, so police were investigating. When deputies searched his van, they found marijuana, a beer in the cup holder, and a bag with 92 grams of a white powder in it. Deputy Steven O'Leary claimed to have conducted a field drug test on the powder, and said it tested positive for heroin. "I just looked at him baffled and confused because I had no idea as to where 92 grams of heroin came from inside my van," Crull told WPTV later. "I really freaked out," he added to WBPF. "I started panicking and didn't really know what to think." Crull was right to be surprised. He says the alleged heroin was actually laundry detergent. But the truth wouldn't come out until much later. After his arrest, Crull was jailed for 41 days and charged with trafficking heroin. Due to the severity of the charges, there was no way he could afford bond. "It made the situation very real. [The judge] raised my bond to $100k to half a million dollars, so there was really no way I was getting out of jail," he told WPEC. Crull admits that he's been in trouble with the law before, but nothing this serious. "In the past, when I have gone to jail, it's been something where I knew I wasn't going to be there forever. It's a lot different than going to jail and the charge of trafficking of heroin carries a penalty of 25 years in prison," he explained to WPTV. Crull was eventually released, though not before he spent Christmas and New Year's behind bars, after the sheriff's office tested the "heroin" again and discovered the truth. The trafficking charge was dropped, as was the count of marijuana possession. This sort of story is more common than you might think. Reason has previously written about police misidentifying cotton candy and donut glaze for meth. In another case, North Carolina police bragged about a massive fentanyl bust, only to learn later that they had confiscated 13 pounds of sugar. The culprit in each of these cases were field test kits that provided false positives. Washington Post journalist (and former Reason staffer) Radley Balko even has a handy list of some of the things misidentified as drugs by field tests. Crull's case, meanwhile, may have been part of a larger scandal that had nothing to do with malfunctioning field drug tests. The arresting deputy, O'Leary, has been fired after the sheriff's office discovered other discrepancies. In three recent narcotics arrests, O'Leary claimed field tests had revealed drugs. Further crime lab testing revealed that wasn't true. O'Leary, who had been a Martin County sheriff's deputy since February 2018, had made about 80 drug arrests before being terminated. All of those are now under review, and 11 people, including Crull, have already been freed. "It would have been a travesty to risk leaving anyone in jail," Sheriff William Snyder said at a press conference Monday, explaining that some of those released did have drugs in their possession, just not as much as O'Leary had initially claimed. "It's better that 100 guilty people go free than one innocent person goes to jail," Snyder added. "Our goal is always justice, and there was more than enough reasonable doubt on our part on all those arrests that we would not have left anyone in jail one more minute." Spoiler alert: It wasn't heroin.
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#35. To: Deckard, misterwhite (#0)
Perform that same test in court, under oath, and if it doesn't come up positive, give the "hero" deputy's house to his victim. His car too, if it isn't a piece of shit. If the "hero" deputy objects, do it anyway, plus shoot his dog.
It could have been a faulty test kit. You blame the cop for that? Retest it in a lab and if the original test was a false positive, drop the charge. I believe that's the procedure.
Only it takes 42 days, or sometimes, 5 years for them to get around to doing that. One woman was basically extorted into taking a plea deal over a white crumb in her car which ruined her career with a felony conviction, and it took that long for the lab to do the real test and determine it was not what the field test said it was. I remember Nolu Chan seemingly not wanting to blame the legal system as broken for that, blaming instead the woman for not voluntarily remaining in jail, rejecting the advice of her court appointed attorney, taking it to court and risking years in prison, all without knowing the full ramifications of taking the plea deal. And that while she was aware of the possibility it was a piece of crack cocaine belonging to a hitchiker she had in the car at the time who denied any wrong doing. Yes, a wonderful system we have her. Let's continue to use these faulty field test kits that cannot even be admitted in court to totally screw over people's lives.
#43. To: Pinguinite (#42)
How long to execute someone after they've been found guilty -- 15 years? Here's a thought -- don't carry around 92 grams of laundry detergent in an unmarked baggie, then refuse to cooperate.
Yeah. Go with that. I was watching some cop show where the scumbag was searched and had drugs in his pants pocket. He said they weren't his. When asked how they got there, he said they must have been there when he bought the pants. The explanation is on a par with your "hitchhiker" story.
[misterwhite #40] [Pinguinite #42] I remember Nolu Chan seemingly not wanting to blame the legal system as broken for that, blaming instead the woman for not voluntarily remaining in jail, rejecting the advice of her court appointed attorney, taking it to court and risking years in prison, all without knowing the full ramifications of taking the plea deal. And that while she was aware of the possibility it was a piece of crack cocaine belonging to a hitchiker she had in the car at the time who denied any wrong doing. It did not take 5 years, or even 1 year, to test the sample. Albritton was arrested August 3, 2010, booked on August 4, 2010 at 3:37 a.m., and was convicted upon her plea of guilty on August 5, 2010. Following a guilty plea, confirmatory lab testing loses urgency. The lab test was performed on February 28, 2011. There was no hitchhiker involved. The driver of the vehicle, Anthony Wilson, was her boyfriend who had no license to drive. As the owner of the vehicle, Albritton was responsible for what was found. Albritton consented to the search. Albritton most certainly knew she was pleading guilty to a felony. She signed a waiver of indictment which read, "I am the defendant in the above felony information. My attorney has explained to me my right to be prosecuted by grand jury indictment, which I hereby waive, and I consent to the filing of the above felony information." And there is the incident report: You do not remember what nolu chan said in 2016. You misremember. As I noted in 2016: If she pleaded not guilty and waited for the confirmatory drug test result, there is no guarantee the 45-day offer would still be there. Albritton sued for damages in Federal district court in 2016. Her suit for damages was dismissed on the merits, with prejudice, on 28 March 2017. Albritton et al v. The City of Houston, Texas et al, U.S. District Court, Southern District of Texas (Houston), 4:16-cv-02662, Doc 31, MEMORANDUM AND ORDER (28 March 2017) [Excerpt at 13-14] [Excerpt, ORDER at 19] ORDERED that Defendants City of Houston and David Helms's Motion to Dismiss (Document No. 10) , Defendants Harris County, Texas and Harris County District Attorney Patricia Lykos's Motion to Dismiss Pursuant to FRCP 12(b)(6) (Document No. 13), Defendant Due Nguyen's Motion to Dismiss (Document No. 19), Defendants City of Houston, David Helms, and Due Nguyen's Supplemental Motion to Dismiss (Document No. 27), and Defendants Harris County, Texas and Harris County District Attorney Patricia Lykos's Supplemental Motion to Dismiss (Document No. 28) are GRANTED and Plaintiffs' claims against all Defendants are DISMISSED on the merits with prejudice. A Final Judgment will be entered separately.
Top • Page Up • Full Thread • Page Down • Bottom/LatestDeputy Steven O'Leary claimed to have conducted a field drug test on the powder, and said it tested positive for heroin.
#40. To: Hank Rearden (#35)
Perform that same test in court, under oath, and if it doesn't come up positive, give the "hero" deputy's house to his victim.
#42. To: misterwhite (#40)
Retest it in a lab and if the original test was a false positive, drop the charge. I believe that's the procedure.
Replies to Comment # 42. Only it takes 42 days, or sometimes, 5 years for them to get around to doing that.
#44. To: Pinguinite (#42)
And that while she was aware of the possibility it was a piece of crack cocaine belonging to a hitchiker she had in the car at the time
#50. To: Pinguinite, misterwhite (#42)
Retest it in a lab and if the original test was a false positive, drop the charge. I believe that's the procedure.
Only it takes 42 days, or sometimes, 5 years for them to get around to doing that. One woman was basically extorted into taking a plea deal over a white crumb in her car which ruined her career with a felony conviction, and it took that long for the lab to do the real test and determine it was not what the field test said it was.
Incident Report:
EVIDENCE:
OFFICER HELMS FOUND THE CRACK ROCK ON THE PASSENGER FRONT SEAT FLOOR BOARD AND TOOK CUSTODY OF THE EVIDENCE. I FOUND THE UNKNOWN POWER (sic) IN THE CENTER CONSUL (sic) AND THE USED NEEDLE HIDDEN IN BETWEEN THE LINING OF THE ROOF ON THE DRIVERS SIDE. OFFICER HELMS The defendant's profession of innocence plays no role in explaining the legal alternatives and explaining an offered plea bargain. In this case, he [the appointed lawyer] should have explained that she could take 45 days or plead not guilty and possibly do several years, depending on the confirmatory drug test. Her professions that the drugs belonged to the boyfriend speak to her expectation that the presumptive drug test would be confirmed. It was her car. She got arrested because the evidence was found in her car. If the evidence were to be confirmed, she could/would be convicted.
Albritton premises the County's liability on the District Attorney's Office's use of unreliable evidence as part of its actual prosecution and conviction of Albritton, its lack of appropriate policies related thereto, and its offer of a plea bargain to Albritton. These allegations involve "classic law enforcement and investigative functions" carried out by the District Attorney's Office in its prosecutorial capacity as an agent of the state. Id. at 855. Accordingly, Albritton's claims against the County are subject to dismissal.
For the foregoing reasons, it is
End Trace Mode for Comment # 42.
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