Judge Refuses to Reduce Bail For Suspect in Heroin Case, Even Though Evidence Has Been Tossed Out
An Onondaga County man who was arrested with nearly 500 packets of heroin will remain in jail on 50 thousand dollars cash bail or 100 thousand dollars bond, even though the Judge has thrown out the evidence against him.
County Judge Julie Campbell has rejected a request to reduce or eliminate bail for 41-year-old Terence Brown. Earlier this month the Judge tossed key evidence in the case against him, but the County District Attorneys Office is appealing that decision.
Back on August 7th of 2011 State Police stopped Browns vehicle on Interstate 81, after he drove off the road.
During the stop, Troopers conducted sobriety tests of which Brown passed some but failed others, he was then asked if his car could be searched. Brown consented and Troopers found a bag in the trunk containing several hundred individual packets of a drug that later turned out to be heroin. Police searched Brown and found a similar substance on him.
Brown was charged with a felony count of possessing of a controlled substance and driving while ability impaired by drugs.
Judge Campbell has ruled that Brown was technically in custody when he failed the sobriety tests and should have been read his Miranda rights. Because he was not informed of his rights the search was not legal and the drugs found could not be used as evidence.
The District Attorney’s Office has filed an appeal with the State Appellate Court in an effort to reverse Judge Campbell’s decision.
Judge Campbell cited the fact that the case was on appeal as the basis fro her decision to keep the bail where it’s at, despite the fact that Brown has been in jail nearly a year and currently only faces two misdemeanor charges.