DA TO DROP RAID CHARGES

DURHAM - District Attorney Jim Hardin said Thursday that he will drop
charges against the remaining defendants arrested in a February police raid
that a judge found to be unconstitutional.

Hardin's announcement came one day after Superior Court Judge Orlando
Hudson ruled that Durham police violated people's civil liberties when they
staged a massive raid of apartments at 1835 Cheek Road on Feb. 15-16.

Hudson's ruling came at the request of Durham Public Defender Bob Brown,
who represents six people with pending charges. The judge found that police
entered homes without the residents' consent and illegally expanded the
scope of search warrants. Thirty-five people were arrested; at least 10
have pleaded guilty to lesser charges or had their cases dismissed.

Those with unresolved charges won't face prosecution. "In light of Judge
Hudson's findings that the search and seizure is unconstitutional, we will
not be in a position to pursue those prosecutions," Hardin said.

Hudson's ruling came in connection with Brown's and Assistant Public
Defender Scott Holmes' request that Durham television station WTVD turn
over videotapes made at the scene of the raid. WTVD turned the tapes over
Wednesday in an unsuccessful effort to head off Hudson's order.

Brown expressed "appreciation to the DA for making the correct decision to
uphold the rule of law in Durham. Although I know it was difficult for him,
we are pleased with his actions."

The charges were thrown out against Brown's six clients -- Latoya Nichole
Riley, Jilliene Renee Joyner, Latosha Patrice Richardson, Alton Poole,
Fernando Rodriguez and Chamisa Crockett -- and up to 19 others. It was
unclear whether the ruling and Hardin's decision would affect those already
convicted of charges stemming from the raid. "Unfortunately, they may be
stuck with their plea bargains," Brown said. Durham lawyer Thomas Eagan
represented Shakia Rynelle Moss, 21, of 1835 Cheek Road, Apt. B, who was
arrested on several felony drug charges during the Feb. 15 raid. She
pleaded guilty May 17 to maintaining a dwelling for a controlled substance
and possession of drug paraphernalia, both misdemeanors, and misdemeanor
child abuse.

"I'm going to see if Jim [Hardin] is willing to join me in a motion to set
aside the verdict, and then he can dismiss it," Eagan said. "But it takes
the judge and the DA to get that done."

More than 100 Durham officers, two National Guard helicopters, 10 State
Bureau of Investigation agents and other law enforcement agents took part
in the two-night operation. Officers seized heroin, crack and powder
cocaine, marijuana, prescription narcotics and two pistols.

Despite the judge's finding that the raid went well beyond the law, interim
Police Chief Steve Chalmers said he supports such operations and the work
of his officers.

"The judge needed to do what he needed to do, and we will move on,"
Chalmers said. "Our commitment to the community is to address violent crime
and drugs, and serve people with dignity and respect. I'm totally committed
to doing those things."

After a complaint from the Durham branch of the NAACP, the department did
an internal investigation of the raid and concluded that nothing improper
was done. But the department did change several procedures, such as
restricting "knock and talks," or consent searches, during large-scale
operations; making videotapes of each raid; and better educating the public
about what the police were doing.

Hudson ruled that law enforcement officers violated the constitutional
rights of the defendants by inviting the news media, using excessive force
in executing search warrants and searches of people, executing searches and
seizures without probable cause, and performing searches without valid consent.

Hudson also said police did not provide consent forms as required by law to
inform residents of their right to refuse the entry and search of their homes.

"When entering, the police broke the door down without giving the residents
a reasonable opportunity to open the doors," Hudson wrote. "The explosive
devices were used regardless of the known presence of women and infant
children."

Before entering an apartment, police would throw in a smoke bomb.

Hudson also detailed how a 13-year-old was treated, saying police tackled
him in his kitchen in front of his mother, placed guns to his head and
body, and searched him.

"The police had no search warrant, no probable cause to search or seize the
boy, and no consent to enter the residence," Hudson wrote.

The parents of the 13-year-old have hired a lawyer and might file a lawsuit.