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Gordon seeks case dismissal for client over video anomalies

Also raises questions about drug searches in second stops

Published: Tuesday, Sept. 3, 2013 5:30 a.m. CDT

Morris Attorney Randolph Gordon recently filed motions in a LaSalle County case seeking a dismissal of the drug charges filed against his client because of anomalies in the videos various police agencies produced in response to his discovery request.

The arrest arose as a result of a traffic stop on Interstate 80 in LaSalle County.

Gordon, a former assistant state’s attorney in LaSalle County and his client became suspicious after viewing the videos numerous times.

One of the videos had no date or time stamp on it and the officer testified this was “due to a malfunctioning camera.”

Gordon and his client then consulted with an expert witness, Ed Primeau, who found numerous anomalies in the DVD recordings provided to him by Gordon. Primeau found the video provided by the State Police had the metadata file containing this information deleted.

Even more disturbing is the fact that Gordon has now had a second case or client who has had a DVD with “problems.”

“I am, also, troubled by the number of cases I, myself, have seen recently where a drug dog did not alert, but officers or a second dog at a second or later traffic stop then allegedly smelled cannabis,” Gordon said.

All of these second or additional stops were of vehicles with nonIllinois plates. Amazingly, a number of officers who have had to produce tickets wrote a large majority of them to out-of-state drivers on the roads.

When asked about that fact, one officer actually testified that out-of-state drivers were just worse drivers.

“As a result of the two separate instances involving videos with anomalies, I am forwarding this information and the expert’s report to the U.S. Attorney’s Civil Rights Division in Chicago,” Gordon added.

Gordon is urgin other individuals or attorneys who believe the DVD’s in their case do not fully or accurately depict the traffic stop or have instances in which a K-9 did not alert, to contact his office. He can be reached at 815-942-2554, or by e-mail at rmgordonesq@sbcglobal.net.

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