Binky
12-08-2005, 01:52 PM
DRUG CASE AGAINST ATTORNEYS RENEWED
Appeals Court Rules Warrant Was Valid In Search Of Married Prosecutors' Home
An appeals court revived drug charges against a pair of married Minneapolis prosecutors Tuesday, ruling that cocaine and other evidence seized from the couple's home may be used against them at trial.
The state Court of Appeals reversed a district court judge's decision throwing out evidence against Julius and Laura Nolen. When they were arrested in November 2004, Julius Nolen was an assistant Hennepin County prosecutor and Laura Nolen was an assistant Minneapolis city attorney.
The couple argued the search was unlawful. Ramsey County District Judge Edward Cleary -- handling the case for Hennepin County to avoid conflict of interest -- agreed, concluding police mischaracterized a key informant as a "concerned citizen." The informant was a convicted felon with seven pending robbery cases.
Tuesday's decision is critical to the criminal case. The prosecutor handling the Nolens' case argued that his office could not win a conviction without the evidence seized during the search.
"We have always felt there was probable cause for the search warrant," said Scott County Attorney Patrick Ciliberto, who is handling the case to avoid conflict of interest.
Julius Nolen, 46, and Laura Nolen, 42, were playing Scrabble at their dining room table the evening of Nov. 19, 2004, when police showed up at their southwest Minneapolis home with a search warrant.
Investigators, acting on a tip from an informant who said he had seen Laura Nolen use cocaine, had been watching the Nolen home for a month. Officers searched the couple's garbage at the curb and discovered plastic bags containing trace amounts of marijuana.
Detectives used the marijuana and information from their informant to obtain a search warrant.
The appeals court ruled that even though the detective misrepresented the informant, the traces of marijuana found in the trash were enough to justify the search.
The Nolens are each charged with fifth-degree drug possession and child endangerment. The couple's 1-year-old daughter and Laura Nolen's teenage daughter were home at the time of the arrest.
If convicted, the couple likely faces a sentence of probation. Their defense lawyer said they plan to appeal Tuesday's ruling to the state Supreme Court.
Julius Nolen resigned from the Hennepin County attorney's office days after his arrest. The Minneapolis city attorney refused Tuesday to say if Laura Nolen still worked for the city.
St. Paul Pioneer Press (MN)
Copyright: 2005 St. Paul Pioneer Press
Contact: letters@pioneerpress.com
Website: http://www.twincities.com/
Appeals Court Rules Warrant Was Valid In Search Of Married Prosecutors' Home
An appeals court revived drug charges against a pair of married Minneapolis prosecutors Tuesday, ruling that cocaine and other evidence seized from the couple's home may be used against them at trial.
The state Court of Appeals reversed a district court judge's decision throwing out evidence against Julius and Laura Nolen. When they were arrested in November 2004, Julius Nolen was an assistant Hennepin County prosecutor and Laura Nolen was an assistant Minneapolis city attorney.
The couple argued the search was unlawful. Ramsey County District Judge Edward Cleary -- handling the case for Hennepin County to avoid conflict of interest -- agreed, concluding police mischaracterized a key informant as a "concerned citizen." The informant was a convicted felon with seven pending robbery cases.
Tuesday's decision is critical to the criminal case. The prosecutor handling the Nolens' case argued that his office could not win a conviction without the evidence seized during the search.
"We have always felt there was probable cause for the search warrant," said Scott County Attorney Patrick Ciliberto, who is handling the case to avoid conflict of interest.
Julius Nolen, 46, and Laura Nolen, 42, were playing Scrabble at their dining room table the evening of Nov. 19, 2004, when police showed up at their southwest Minneapolis home with a search warrant.
Investigators, acting on a tip from an informant who said he had seen Laura Nolen use cocaine, had been watching the Nolen home for a month. Officers searched the couple's garbage at the curb and discovered plastic bags containing trace amounts of marijuana.
Detectives used the marijuana and information from their informant to obtain a search warrant.
The appeals court ruled that even though the detective misrepresented the informant, the traces of marijuana found in the trash were enough to justify the search.
The Nolens are each charged with fifth-degree drug possession and child endangerment. The couple's 1-year-old daughter and Laura Nolen's teenage daughter were home at the time of the arrest.
If convicted, the couple likely faces a sentence of probation. Their defense lawyer said they plan to appeal Tuesday's ruling to the state Supreme Court.
Julius Nolen resigned from the Hennepin County attorney's office days after his arrest. The Minneapolis city attorney refused Tuesday to say if Laura Nolen still worked for the city.
St. Paul Pioneer Press (MN)
Copyright: 2005 St. Paul Pioneer Press
Contact: letters@pioneerpress.com
Website: http://www.twincities.com/