Pubdate: Wed, 07 Dec 2005
Source: St. Paul Pioneer Press (MN)
Copyright: 2005 St. Paul Pioneer Press
Contact:  http://www.twincities.com/
Details: http://www.mapinc.org/media/379
Author: Shannon Prather
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have not been convicted of a crime, if those named are not otherwise 
public figures or officials.

DRUG CASE AGAINST ATTORNEYS RENEWED

Appeals Court Rules Warrant Was Valid In Search Of Married Prosecutors' Home

An appeals court revived drug charges against a pair of married 
Minneapolis prosecutors Tuesday, ruling that cocaine and other 
evidence seized from the couple's home may be used against them at trial.

The state Court of Appeals reversed a district court judge's decision 
throwing out evidence against Julius and Laura Nolen. When they were 
arrested in November 2004, Julius Nolen was an assistant Hennepin 
County prosecutor and Laura Nolen was an assistant Minneapolis city attorney.

The couple argued the search was unlawful. Ramsey County District 
Judge Edward Cleary -- handling the case for Hennepin County to avoid 
conflict of interest -- agreed, concluding police mischaracterized a 
key informant as a "concerned citizen." The informant was a convicted 
felon with seven pending robbery cases.

Tuesday's decision is critical to the criminal case. The prosecutor 
handling the Nolens' case argued that his office could not win a 
conviction without the evidence seized during the search.

"We have always felt there was probable cause for the search 
warrant," said Scott County Attorney Patrick Ciliberto, who is 
handling the case to avoid conflict of interest.

Julius Nolen, 46, and Laura Nolen, 42, were playing Scrabble at their 
dining room table the evening of Nov. 19, 2004, when police showed up 
at their southwest Minneapolis home with a search warrant.

Investigators, acting on a tip from an informant who said he had seen 
Laura Nolen use cocaine, had been watching the Nolen home for a 
month. Officers searched the couple's garbage at the curb and 
discovered plastic bags containing trace amounts of marijuana.

Detectives used the marijuana and information from their informant to 
obtain a search warrant.

The appeals court ruled that even though the detective misrepresented 
the informant, the traces of marijuana found in the trash were enough 
to justify the search.

The Nolens are each charged with fifth-degree drug possession and 
child endangerment. The couple's 1-year-old daughter and Laura 
Nolen's teenage daughter were home at the time of the arrest.

If convicted, the couple likely faces a sentence of probation. Their 
defense lawyer said they plan to appeal Tuesday's ruling to the state 
Supreme Court.

Julius Nolen resigned from the Hennepin County attorney's office days 
after his arrest. The Minneapolis city attorney refused Tuesday to 
say if Laura Nolen still worked for the city.
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MAP posted-by: Beth Wehrman