Judge allows use of marijuana as trial evidence 3 defendants challenged search

March 12, 1993|By Dennis O'Brien | Dennis O'Brien,Staff Writer

Hundreds of pounds of marijuana discovered in storage lockers can and will be used against three men charged in one of the biggest drug rings in county history, a Circuit Court judge ruled yesterday.

Judge H. Chester Goudy Jr. denied pretrial motions filed by lawyers for James M. Emory, 47, of Pasadena, Roger Lee Emory, 43, of Glen Burnie and Philip B. Dulany, 48, of Pasadena, all charged with being drug kingpins.

Their trial is scheduled for March 30.

In a nine-page decision, Judge Goudy held that there was nothing improper about the search, the search warrants or the investigative methods used by police in charging the men.

Their lawyers had asked that the drugs, found in rented storage lockers in Millersville, be ruled inadmissible as evidence and claimed that they were entitled to a hearing to ask police, under oath, about the truth of statements they made in warrant applications filed last fall.

They argued in a daylong hearing last week that the affidavits were too vague to be constitutionally valid, and that the police went beyond what was permitted by the warrants, taking items, such as cars and locker keys, not specified in the warrant applications.

"They pulled a dump truck up and took everything that wasn't nailed down. It was a dump-truck general warrant and it was wrong," said Timothy Murnane, Roger Emory's lawyer.

The defense lawyers also claimed that the prosecutors used the grand jury improperly to fish for additional evidence after their clients were indicted and that Judge Warren B. Duckett Jr., who signed the warrants, acted improperly.

Judge Duckett, a former prosecutor who was appointed to the bench in 1988, was biased in favor of the police, alleged Howard I. Cardin, who represents Mr. Dulany.

Judge Goudy disagreed.

He said there was no evidence the police "intentionally or recklessly misrepresented the facts within the warrant. Nor have they [defense attorneys] offered any proof, other than James Emory's own denial, that the statements are untrue," the judge wrote.

Moreover, he said the complaints about Judge Duckett were without merit.

"Based on the lack of evidence, as well as the fact that the Hon. Judge [Clayton] Greene [Jr.] signed an identical warrant to the five that Judge Duckett signed, the court finds no evidence of bad faith, bias or any connection to the investigation on the part of Judge Duckett," the decision said.

Judge Goudy also said that the questions asked by grand jurors of a witness acquainted with the Emorys after their indictments were proper because they "related to additional charges" the state's attorney might have been contemplating.

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