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Friday, December 09, 2005
Ind. Decisions - Favors for witness didn’t impact trial's result, rules federal judge
Apparently this is not just something you see in TV shows. The Gary Post-Tribune reports today, in a story by Danielle Braff:
A key witness in the trial of ex-cop James Ervin was given perks while he was in prison that included sex with female visitors, sex with a female prison guard and use of a cell phone, U.S. Attorney Joseph Van Bokkelen said.But these perks weren’t enough to prevent Ervin from getting a fair trial, a judge ruled. * * *
Ervin requested a new trial on the basis that a witness, Denny Arreola, allegedly may have been influenced by his special treatment while he was incarcerated at the Hammond city jail on drug-conspiracy and money-laundering charges.
John Theis, Ervin’s attorney, said the defense was never told about Arreola’s prison experience and thus didn’t have a chance to question the possible manipulations.
“The information was the kind of thing we should have known about so we could have cross-examined him about it,” Theis said.
Theis discovered details about the special treatment in a letter Nov. 28 from Van Bokkelen that focused on eight perks given to Arreola that Theis said may have unfairly influenced Arreola’s testimony. Arreola was allowed sexual visits in addition to receiving special food, special smoking privileges and a birthday party complete with balloons, cake and milk for his girlfriend’s celebration.
U.S. District Court Judge Theresa Springmann ruled that even with the alleged perks, Ervin received a fair trial. The jurors were aware that Arreola was linked to drug trafficking and homicide with Ervin, and they also were aware that Arreola was cooperating as part of a plea agreement.
Posted by Marcia Oddi on December 9, 2005 12:49 PM
Posted to Ind Fed D.Ct. Decisions