Drug Suspect To Take Plea Deal

Judge's Refusal To Exclude 90 Pounds Of Cocaine As Evidence Is Expected To Be Basis For Appeal

During the hearing, Jackson said he wasn't relying on Murphy's statement as a basis for searching the truck, and Jester admitted there was no explicit search warrant for the vehicle before officers looked inside. All the judge had to consider was whether it was legal for officers to lift the back of the unsecured cover to peer inside.

The audience was excitedly chattering during a break outside the courtroom, focusing on the possibility of a technicality saving Murphy.

But after several hours of argument, Chief Judge Benson E. Legg ultimately found that the vehicle was searchable, because it had been used earlier in a crime by transporting drugs.

"The motion to suppress," he said, "is hereby denied."

The courtroom was silent, as was Murphy.

The only thing left to do was schedule the pretrial conference and assemble the jury. But a day later, Tayback's office said there would be a rearraignment instead.

On Monday, the lawyer said that his client would instead accept a plea bargain.