EVIDENCE TOSSED IN DRUG CASE

In the middle of the night last year, Murray police Detective Michael
Faircloth phoned 3rd District Judge J. Dennis Frederick and asked him to
approve a warrant to search an apartment where suspected drug dealers were
staying.

Faircloth read part of the affidavit, swore that the information was true
and -- at the behest of the judge -- signed Frederick's name. During a
later search of the apartment, the officers confiscated more than six
pounds of methamphetamine and five pounds of cocaine.

Last week, U.S. District Judge Ted Stewart threw out the drug evidence
against the three defendants, saying the judge and the officer violated
Utah's telephonic search warrant statute by not recording the conversation.

"Because the statute was not complied with here, this court lacks the
ability to determine whether or not [Frederick] was fully informed in
deciding whether probable cause existed, and whether the warrant should
[have been] issue[d]," Stewart wrote in tossing out the evidence.

The three defendants, Rafael Delgado Morales, Gabriel Soto Leon and
Esperanza Rojas Suarez, filed motions earlier this year to have the drug
evidence suppressed. Stewart granted those motions Sept. 20 in a 10-page order.

Suarez's lawyer Stephen McCaughey was critical of Frederick, who he says
should have told Faircloth to come to his home so the judge could read and
sign the document.

McCaughey noted that although police called at 4:30 a.m., the judge was on
call, meaning it was his duty to respond. And Stewart chided Faircloth for
not insisting on following procedure.

"Both the judge, who they called for a search warrant, and the police
officer, who tried to get it, failed to follow statutory procedure,"
McCaughey said. Frederick "refused to allow the officers to come to his
house, and neither party recorded the conversation."

Frederick declined to comment on Stewart's order, saying that he did not
want to comment on an ongoing case.

Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, said
prosecutors were unsure whether they were going to appeal the ruling.

"Right now, we are reviewing it and weighing our options," Rydalch said,
adding the U.S. Department of Justice must approve such appeals.

Rydalch added that it "would be difficult, if we are not successful on an
appeal, to proceed now that the evidence is suppressed."

On Nov. 4, 2001, Faircloth was contacted by a Drug Enforcement
Administration agent in Riverside, Calif., saying Morales was bringing the
drugs to Utah. Police set up surveillance at Salt Lake City International
Airport, where they watched as Leon and Suarez picked up Morales in a car,
court documents state.

Early the next morning, police followed the car to an apartment at 740 W.
3875 South. After Frederick gave his consent, officers searched the
apartment and found the drugs, Stewart's ruling said.

Suarez and Leon were later charged with possession of meth and cocaine,
possession of a firearm in furtherance of drug trafficking and possession
of a firearm by a restricted person; and Morales was charged with
possession of meth and cocaine with intent to distribute.