Pubdate: Fri, 28 Jul 2006
Source: Roanoke Times (VA)
Copyright: 2006 Roanoke Times
Contact:  http://www.roanoke.com/
Details: http://www.mapinc.org/media/368
Note: First priority is to those letter-writers who live in circulation area.
Author: Lindsey Nair
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

ATTORNEY SEEKS EVIDENCE IN HEROIN OVERDOSE CASE

An assistant U.S. attorney said he plans to turn over the evidence, 
including medical results and cellphone records.

A defense attorney's wish list on Thursday provided some clues to the 
possible defense of a man accused of selling heroin to former WSLS 
(Channel 10) meteorologist Marc Lamarre.

David Damico, who is representing Gilbert Dennis Hadden of Detroit, 
said he needs to know how a government expert will testify regarding 
the absence or presence of drugs in Lamarre's system.

Hadden was charged with distribution of heroin leading to serious 
bodily injury after Lamarre apparently overdosed on drugs and 
collapsed at a South Roanoke duplex in February.

To secure a conviction, prosecutors would have to prove that it was 
heroin that caused Lamarre's overdose and that Hadden supplied the heroin.

Damico said the government will have an expert witness interpret 
medical results, and he should be privy to that opinion so he can 
consider hiring his own expert.

In addition, Damico asked for evidence of any other drugs found at 
Lamarre's house, Lamarre's computer hard drive and his cellphone records.

Several other people's cellphone records were also on the list, 
including those of Hadden's co-defendant, Chad Honaker, and WSLS 
weatherman Jamey Singleton.

Singleton, a friend of Lamarre's who said on television that he has 
undergone rehabilitation for his own heroin addiction, was not at the 
duplex the night of the overdose, Damico said.

Hadden's attorney said he is also entitled to any statements made by 
individuals at the duplex that night, any items seized from the 
residence, diagrams of the duplex and of Lamarre's apartment and 
records of cellphone calls made between Hadden and a police informant 
just prior to his arrest.

Assistant U.S. Attorney Don Wolthuis told U.S. District Judge Samuel 
Wilson that he planned to turn over the evidence Damico requested. 
The government has already turned over a stack of documents.

Finally, Damico said he subpoenaed the Roanoke police emergency 
dispatch center for a copy of the 911 recording from the night of the 
overdose but was turned down.

"I'm not sure if that's because it no longer exists or they just are 
not giving it to me," Damico told the judge.

"If you want to find out what the answer is, we can find out what the 
answer is," Wilson replied.

But Wolthuis explained that the 911 recording had been erased after a 
period of time, as is routine. He said Roanoke police obtained a copy 
of the recording before it was destroyed and he hopes to get it from 
them, then share it with Damico.

Hadden is scheduled to stand trial before a jury Aug. 15.

"I'm concerned about timing," Wilson told Wolthuis, "because I want 
to make sure he has an opportunity to go over this."
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