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| NewsFriday, October 19, 2007 9:29 PM CDT |
Judge: Evidence in Pontiac guns case supported teens' ties
PONTIAC — Prosecutors in a Pontiac Township High School gun possession case can use evidence found in the search of one boy’s home. Livingston County Circuit Judge Harold Frobish rejected a defense motion Thursday to suppress the results of a search of the home of Martin Huerta Jr., 15, of Saunemin. Huerta faces a dozen felony weapons charges and one drug possession charge. Police say Sean Sullivan, 16, of Odell, stole six handguns from his father and brought them to school on Aug. 28. Sullivan, who faces the same weapons charges, planned to sell them to Huerta, authorities have said. A student saw the guns on a school bus and reported them to a police officer on campus, police have said. That report led to a lockdown and search at the school. Prosecutors say Huerta had offered cocaine for one of the guns. Police obtained a search warrant. They reported finding an eighth of an ounce of cocaine in his bedroom. Defense attorney Nichole Patton argued the search warrant was invalid because there was not enough probable cause to issue it. She told the court police believed the sale was to take place at the school. Police did not find weapons or drugs in Huerta’s possession at the school that day, so there was no reason to search his home, she said. “The transaction was supposed to be at the school, so there is no probably cause to search his house,” Patton said. “There is no other corroborating evidence that supports cocaine other than Sullivan’s testimony. The only thing that we know is that it was offered and declined.” First Assistant State’s Attorney Carey Luckman argued that all of the information and evidence leading up to the search warrant indicated there was cocaine in Huerta’s possession somewhere. “It was reasonable to conclude that he had cocaine in his residence,” Luckman said. “Everything supports the belief that the object was in that place.” Luckman also noted Huerta had about $100 on his person at the time of his arrest, and prosecutors say that was intended for the purchase. Frobish agreed with Luckman, saying the evidence supported the fact that the two did communicate about a proposed sale. “It’s important because it corroborates the evidence,” Frobish said. “Sullivan said that he was offered cocaine but he wanted cash. This shows the relationship between Sullivan and Huerta.” Prosecutors also say the boys were involved in a gun sale earlier this year. Huerta is due back in court in November for a jury trial. |
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