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News (Media Awareness Project) - US OH: Prosecutors Drop Drug Charge
Title:US OH: Prosecutors Drop Drug Charge
Published On:2002-08-22
Source:Cincinnati Post (OH)
Fetched On:2008-01-22 14:08:04
PROSECUTORS DROP DRUG CHARGE

Hamilton County prosecutors had to dismiss a drug charge because their
chief witnesses - Cincinnati Police Officers Michael Mercer and Robert
Litman - also are under indictment.

Assistant prosecutor Lisa Rabanus had to ask Common Pleas Court Judge
Richard Niehaus Monday to dismiss trafficking in marijuana and gun charges
against Aaron Roberts "for want of prosecution."

"They were the only witnesses we had," Prosecutor Mike Allen said of the
duo of indicted cops. "It would be problematic to prosecute with them as
witnesses.

"It was a difficult thing, but we had no other choice."

Kevin Spiering, Roberts' attorney, insisted his client would have been
exonerated, but agreed with Allen.

"The bottom line for the government's case is their chief witnesses, well,
their credibility was just shot," Spiering said. "(Roberts) denied all
along that the marijuana allegedly seized and the gun seized were his, anyway."

The charges against Roberts carried a maximum sentence of two years.

Mercer and Litman have been indicted for felony abduction and misdemeanors
counts of assault and unlawful restraint, charges that carry a maximum
sentence of five years and eight months behind bars.

They are accused of picking up Courtney Evans, 22, in Cumminsville April 13
and taking him to Mount Airy Forest in their cruiser, spraying him with
chemical irritant, then dumping him in the park to walk home.

Another officer saw Evans - who has served prison time for a prior drug
conviction - walking in the park, heard his story and reported it to
supervisors.

The alleged abduction happened just 16 hours after the city of Cincinnati
signed historic agreements to resolve a racial profiling lawsuit and to end
a U.S. Justice Department investigation into police use-of-force practices.

Mercer and Litman had their police powers suspended after the incident and
are currently assigned to desk duty.

Now, Allen is worried about what will happen to other cases in which the
two indicted cops are primary witnesses.

"I wouldn't be surprised if there were more," Allen said. "I hear they were
very active officers."
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