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News (Media Awareness Project) - US FL: Attorney Seeking Details Of Drug Arrest
Title:US FL: Attorney Seeking Details Of Drug Arrest
Published On:2005-08-30
Source:Star-Banner, The (FL)
Fetched On:2008-01-15 19:03:39
ATTORNEY SEEKING DETAILS OF DRUG ARREST

State Attorney's Office Withholding Information, Lawyer Claims In Motion

OCALA - The attorney for a man charged in a July 9 drug bust filed a motion
on Monday accusing the State Attorney's Office of purposely withholding
information it is legally required to disclose.

"They have clearly violated the rules of criminal procedure," defense
attorney James Tarquin said. He is representing Daniel James Colburn, 27,
in state court and Gerald Dandridge Jr., 35, in federal court.

The nine-page motion said Colburn was arraigned July 29 for possession of
more than 20 grams of marijuana. At that hearing, he requested discovery.

Still, at a hearing on Aug. 23, the State Attorney's Office refused to
disclose any details that led investigators to 7848 N.W. 14th St., where
county, state and federal drug agents reported finding guns, marijuana and
cocaine.

"It is frightening that the powerful prosecutorial arm of the state
government is engaging in such a deliberate pattern of depriving Defendant
of information that is necessary to prepare a defense and ready himself for
a trial or hearing," Tarquin wrote. Discovery includes names and addresses
of witnesses, witness statements to police, information on confidential
informants and electronic surveillance, among other things.

Chief Assistant State Attorney Ric Ridgway said Monday that the state
dropped the marijuana charge on Friday. Friday was also the deadline that
Fifth Circuit Judge David B. Eddy gave the State Attorney's Office to
provide discovery in the Colburn case.

"There is no right to discovery when there is not a case," Ridgway said.

According to court records, the marijuana charge was dropped Monday
morning. The document did not list a reason why the charge was dropped.

"I'm not at liberty to discuss why the charge was dropped," Ridgway said.

Tarquin earlier had requested similar discovery for his other client,
Dandridge, who also was arrested in connection with the drug bust. Now,
because Dandridge has been indicted federally, Tarquin must work through
the U.S. District Courts to obtain the information that led investigators
to the residence.

"We're always working closely with them," Ridgway said, referring to the
federal courts.

Colburn has a pending charge of driving with a suspended license and
violation of probation for possession of marijuana. He is being held at the
Marion County Jail without bail.

"The State has adopted a deliberate and calculated pattern of refusing to
respond to motions, ignoring discovery requests and, in general, violating
the accused's due process rights," Tarquin's motion said.
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