Pubdate: Mon, 10 Jan 2005
Source: Indianapolis Star (IN)
Copyright: 2005 Indianapolis Newspapers Inc.
Contact: http://www.indystar.com/help/contact/letters.html
Website: http://www.starnews.com/
Details: http://www.mapinc.org/media/210

DRUG CONVICTION TOSSED - PRISONER OF 5 YEARS FREED

Gary -- A man who spent five years in prison for a drug conviction is
back home after a federal judge overturned his conviction and sentence.

Robert Gardner owes his freedom to six attorneys who represent
criminal defendants who can't afford lawyers.

"This is why our office exists and why you need to have a zealous
criminal defense bar," said Jerry Flynn, executive director of the
federal defenders.

In May 1999, Gardner visited a Gary home minutes before police
investigators swooped down on the address, which prosecutors described
as a crack house.

Gardner, now 31, was arrested and charged with maintaining a crack
house, conspiracy and possession of crack cocaine found near him
during a search.

Prosecutors dropped the charge of maintaining a crack house before
trial, and a jury acquitted him of the drug possession charge. But
Gardner was convicted of being part of the conspiracy running the
crack house. He was sentenced to 151 months in prison.

U.S. District Judge Rudy Lozano recently overturned the conviction
after Gardner's attorneys presented evidence that a Gary man never
called to testify could have helped Gardner's case. That man told one
of Gardner's attorneys last year he would have testified that Gardner
wasn't selling drugs inside the house.

The U.S. attorney's office decided last month to dismiss the case.
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