Pubdate: Thu, 20 Oct 2005
Source: Watertown Daily Times (NY)
Copyright: 2005 Watertown Daily Times
Author: James R. Donnelly, staff writer
Section: Court Proceedings
Note: Titled by Newshawk
Bookmark: (Corruption - United States)


In a written decision, Judge Jerome J. Richards ruled that 3 pounds of
marijuana found in the car of two Sandwich, Mass., men on May 15
cannot be used in their prosecution.

The ruling, which stemmed from a two-day suppression hearing in
September, is expected to result in the dismissal of charges against
Andrew M. Moodie and John R. Vreeland, both 19. The ruling most likely
not be appealed, acting District Attorney Gary W. Miles said.

The two men were indicted June 27 on charges of third-degree criminal
possession of marijuana. The marijuana was found in Mr. Moodie's
1999Saab, which Mr. Vreeland was driving about 1:30 p.m. on Route 37
in Massena. Both are represented by attorney Charles B. Nash, Canton.

Investigator Joseph W. Brown of the Massena village Police Department
testified that he stopped the car the driver was using a cell phone.
The judge rejected the testimony because account records for the men's
phones showed neither of their phones had been used between the time
they received the marijuana and the time they were stopped. As a
result, he ruled neither the marijuana or any other evidence gathered
as a result of the traffic stop can be used against the men.
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