- Associated Press - Thursday, February 18, 2016

OKLAHOMA CITY (AP) - A federal judge has ruled that evidence seized in an Oklahoma City drug trafficking case will be thrown out after concluding that a police detective made misleading and false statements in seeking permission for a search.

U.S. District Judge Timothy D. DeGiusti ruled that police detective Keith Medley “recklessly” made statements in requesting a search warrant without regarding the truth in the matter.

Twenty-nine-year-old Victor DeWayne Gaines awaits trial in Oklahoma City federal court while prosecutors consider appealing the judge’s decision.

The Oklahoman (https://bit.ly/1WuheAZ ) reports that the ruling is unusual because such evidence is rarely suppressed. DeGiusti first ruled Dec. 15 and stayed with his decision Feb. 10 after prosecutors asked him to reconsider.

Assistant Federal Public Defender Tony Lacy asked that the evidence be suppressed. Prosecutors argued that there were still enough facts in the detective’s affidavit to justify the search, despite all the mistakes.

Before the Feb. 25 search of an apartment Gaines was staying with his girlfriend and a child, Gaines was arrested during a traffic stop. Police found cocaine, marijuana and a pistol in the apartment.

In requesting the search, Medley told Oklahoma County District Judge Cindy Truong that police had looked in trash bags taken from the apartment and found a pill bottle with Gaines’ name on it and several sandwich bags with marijuana residue.

In his orders, DeGiusti wrote that Medley overstated the contents of trash bags, as well as Gaines’ criminal record and the amount of times he saw Gaines enter and exit the apartment.

The judge specifically criticized the Medley’s testimony to him during hearings about the search, writing that the detective, “seemingly did not care whether his sworn statements to the state district court judge were completely accurate or not.”

Oklahoma City Police Chief Bill Citty says an administrative investigation of the detective’s work will be conducted to determine the extent of misconduct.

“We obviously take the judge’s comments, the criticism, very seriously,” Citty said.

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Information from: The Oklahoman, https://www.newsok.com


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