JUDGE WON'T REVOKE BOND OF MAN CAUGHT WITH MARIJUANA

Popping a marijuana cigarette in his mouth was not a dangerous enough
maneuver to rate bond revocation for a man accused in the infamous
"blue-light rapist" case.

Knox County Criminal Court Judge Richard Baumgartner declined Friday
to revoke a $150,000 bond posted by Michael Eugene Duff, who was freed
from prison last year after serving 10 years in connection with the
blue-light rape case.

Duff was convicted in a 1992 attack on a woman that was one of two
cases in which women were raped after being pulled over by someone
driving a car with a police-style blue light on the dash.

Last year, however, Duff was granted a new trial because of questions
over DNA evidence that did not implicate him in the rape for which he
was convicted, the lack of any other physical evidence linking him to
the crime and a dispute over the accuracy of the alleged victim's
identification of Duff as one of her attackers.

Duff has been free on bond for several months. In June, he was issued
a citation for possession of marijuana, and prosecutors on Friday
tried to convince Baumgartner to jail Duff again pending his new trial.

Knoxville Police Department Officer Harry McGuffee testified Friday he
saw a car leaving a park in Lonsdale the officer contended was known
for illegal drug activity.

The car's brake light was not working, and McGuffee said that gave him
reason to stop the vehicle.

"I used the brake light as the basis for my stop," McGuffee said.

Duff was at the wheel. The car belonged to a relative.

McGuffee claimed he smelled marijuana smoke and asked Duff for
permission to search him.

"He was very polite," he said. "He was, like I said, very polite, 'No
problem, search all you want.' "

The officer said he felt something in Duff's pocket.

"He said it was his keys," McGuffee said.

Duff pulled from his pocket a set of keys but what also came out was a
marijuana cigarette, McGuffee said. When the officer pointed to the
illegal cigarette, McGuffee said Duff popped it into his mouth.

McGuffee grabbed Duff's arm but said he then took a second to size up
the situation. Duff is well over six feet tall and muscular. McGuffee
is shorter and smaller.

"I decided to talk to him," McGuffee said.

Within a minute or two, Duff spit the marijuana cigarette into his
hand and turned it over, albeit a bit soggy, to the officer, McGuffee
said.

Attorney Gerald L. Gulley told Baumgartner there was no proof that
Duff was dangerous, a requirement if a judge is to revoke someone's
bond. Assistant District Attorney General Phil Morton argued Duff had
"committed a felony" by "tampering with evidence" when he put the
marijuana in his mouth.

The judge sided with Gulley but did order Duff to undergo regular drug
screens.

"Mr. Duff, I do not condone use of any type of drug, including
marijuana, but I do not find it enough of a basis to revoke your
bond," Baumgartner said.