LAWYER: CLIENT WAS RACIALLY PROFILED

A Mocksville lawyer representing a Hispanic man charged with cocaine
trafficking has filed a motion to dismiss that charge in light of allegations
from top Davidson County sheriff's deputies that they were ordered to employ
racial profiling in making traffic stops.

Lori Hamilton-Dewitt argues that the constitutional rights of her client,
Fermil Arrez Vargas, were violated in March when deputies stopped and searched
the vehicle in which he was riding. Deputies found more than 400 grams of
cocaine hidden in the vehicle's battery, sheriff's reports state.

In her motion, filed Monday in Davidson County Superior Court, Hamilton-Dewitt
asks the court to suppress evidence seized during the stop and to dismiss the
charge. The motion includes excerpts from the affidavits filed as part of the
district attorney's petition to permanently remove suspended Sheriff Gerald
Hege from office. In those affidavits, top deputies describe how they were
ordered to stop anything "darker than snow," especially Hispanics.

It's doubtful Hamilton-Dewitt's motion will be the last to allege racial
profiling by sheriff's deputies. Lexington lawyer Carlos Jane, who represents
Vargas' co-defendant, Misael Chavez Rodriguez, said Tuesday he plans to file
similar motions on behalf of Rodriguez and at least half a dozen other clients.

Jane said he often files motions to dismiss on grounds of alleged illegal
stops, but the affidavits give him more ammunition. "Now that we have this,
that might bolster those arguments," he said.

Jane said he had already filed a motion to dismiss Rodriguez' case, but he
plans to supplement that motion with information from the affidavits.

Vargas and Rodriguez, the car's driver, were arrested March 21 following a
traffic stop on Interstate 85. Davidson County sheriff's deputy Mark Vanzant
and Iredell County deputy Jay Tulbert said they stopped the car for weaving
from lane to lane and received consent to search the vehicle.

Deputies found seven packages of cocaine and a bag off marijuana seeds hidden
in the car's battery, according to sheriff's reports. Rodriguez and Vargas were
charged with drug offenses but no traffic violations.

In the motion, Hamilton-Dewitt does not dispute that drugs were found in the
car. Instead, she questioned the legality of the vehicle stop and subsequent
search and seizure that uncovered the drugs in light of the new allegations.

Racial profiling violates not only state law, she said, but also the Fourth
Amendment to the U.S. Constitution, which protects against unreasonable search
and seizure, and the Fourteenth Amendment, which guarantees all citizens equal
protection under the law.

"Rarely is the defendant privy to the private declarations of the secret and
unwritten policies within a law enforcement agency," she said. "In (Vargas'
case), however, clear cogent and convincing proof exists to show the policy of
the Davidson County Sheriff's Office was to regularly practice racial profiling
especially, but not exclusively, along the Interstate 85 corridor and to target
minorities, including Hispanics, for pretextual stops."

District Attorney Garry Frank said this morning that he not yet filed a
response to the motion and declined to comment on whether the allegations could
force his office to dismiss any cases.

"We'll just have to take the cases as they come and try to do justice," he
said.

Frank had to drop more than 70 charges against approximately 30 defendants last
year after three Davidson County sheriff's deputies were arrested on federal
drug charges.

Jane hopes the new allegations will lead to dismissals against his clients,
regardless of whether drugs were found in their possession. "Just because
things were found doesn't make it a valid seizure," he said, using
Hamilton-Dewitt's argument.

"They still have due process," he said. They still have constitutional rights
.. that's what makes us a democracy."