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News (Media Awareness Project) - US IL: Disorder Brings Man's Acquittal
Title:US IL: Disorder Brings Man's Acquittal
Published On:2006-12-16
Source:Alton Telegraph, The (IL)
Fetched On:2008-01-12 19:32:01
DISORDER BRINGS MAN'S ACQUITTAL

EAST ST. LOUIS - An Alton man was acquitted on a major federal drug
charge Friday after convincing a jury he had attention deficit
disorder and did not understand what was being asked of him when he confessed.

Victor Wiley, 30, of the 400 block of Alice Drive in the Enchanted
Village mobile home park, was on trial this week in U.S. District
Court in East St. Louis on a charge of possession of 35 grams of
crack cocaine, which could have gotten him a 30-year prison term if convicted.

Wiley's lawyer, John Stobbs of Alton, said an acquittal in federal
criminal cases is a rare event.

"(Federal prosecutors) win about 98 percent of their cases. This is
like the lamb slaughtering the butcher. The little guy won," Stobbs
said. "This is a huge victory. This guy got exactly what he deserved,
which was acquittal."

Stobbs said the key to his case was the argument that his client had
attention deficit disorder and was high on crack cocaine when
interviewed at the Alton Police Department shortly after his arrest
July 28, 2004.

Expert witnesses testified that Wiley had the disorder.

"The government's own witness testified to that," Stobbs said. He
noted that a psychologist was on the jury and would have understood
the implications of ADD.

Wiley's comprehension also was hampered by the amount of cocaine in
his system, Stobbs said.

"He was high as a kite," he said. "They had to give him Librium in
the Madison County Jail for his withdrawal symptoms."

Wiley was arrested at a home in the 400 block of Tara Court. Police
were looking for him in connection with an incident involving a gun
and a confrontation with his girlfriend.

Police went to the Tara Court address acting on an anonymous tip.
Along with Wiley, police found 35 grams of cocaine and $8,000 in cash.

Court testimony revealed that two other people were at the home when
Wiley was arrested. They were not charged but could have been the
owners of the drugs, Stobbs argued.

One of the men identified himself as "Johnny Carson." He gave police
a statement that the drugs belonged to Wiley.

The witness testified in court this week that police told him that
night that he could go home if he signed the statement implicating Wiley.

Police had been conducting an intense search for Wiley after he
allegedly restrained his girlfriend at their home on Alice Drive.

Wiley had a previous felony conviction and was "armed and dangerous,"
police said at the time.

Besides the federal charges, Wiley was charged in Madison County
Circuit Court with aggravated restraint, battery and unlawful
possession of a weapon by a felon. The status of the state charges
was not available late Friday.

However, Wiley earlier pleaded guilty to the gun charge, which was
removed to federal court. A sentencing date on the gun charge has not been set.

Officials with the Alton Police Department could not be reached for
comment Friday
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