Pantagraph.com Weather forecast, local radar and more
NewsFriday, October 19, 2007 9:29 PM CDT
Judge: Evidence in Pontiac guns case supported teens' ties
Advertisement

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.

Video
Most commented stories
Browse online archives
Recent issues:
Reader comments on this story - 17 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Again, to: So wrote on Oct 20, 2007 10:47 PM:

" You've done nothing to refute any of my points. You're still relying on facts reported by the local media to draw conclusions you believe are "simple." Again, the argument is not that these particular minors are or are not guilty, it's that they deserve the representation and procedural protections guaranteed under the Constitution just like every other American. While I don't disagree with your perception of larger societal issues like personal responsibility for one's actions, such issues are unrelated to whether or not a criminal defendant's attorney should assert certain defenses and make every attempt to exonerate their client, regardless the appearance of guilt or innocence. The system's not perfect, primarily because imperfect human beings like you and me are responsible for it. This is unavoidable, and is present in every justice system in every society. However, it preserves order and works pretty well most of the time. If you don't believe in a justice system rooted in our Constitution that grants rigorous protections for individuals accused of crimes, maybe you should ask yourself how much you really believe in the fundamental values our society was founded upon. "

this is to the person telling livigston county tokeep his opinions to himself. wrote on Oct 20, 2007 12:54 AM:

" First of all he must have hit a nerve . Id say you either work at the court house or your related to the worthless states attorney. that man has personaly put the Arbogast and Steidnger family through hell. He should be removed from office!Dont try to get anyone to buy what your selling The whole Livingston County Court system is a joke. What did the states attorney say to the judge? Lets sentence this inmate to another 40 years in prison hes already doing life. Ha ha what ajoke does anyone realy care? "

wierd wrote on Oct 19, 2007 9:07 PM:

" If the school was in lockdown and huerta was late, dont you think he wouldnt of stopped at the school seeing all the police outside if he really was goin to buy the guns....stop ignoring the facts people "

Liv Co wrote on Oct 19, 2007 8:33 PM:

" Good Ol Boy club is right. THat county has always laid for the kid from the wrong side of the tracks and give him a ticket for excessive use of honking the car horn. But if the high school football star was caught breaking ANY law... nothing. It is all about who you know in that town and how much sucking up to the authorities you can and will do. But isnt that the same everywhere? One would expect it would not be in Ponticrap. "

to: to SO wrote on Oct 19, 2007 7:48 PM:

" Yes, I understand. I understand we have become a self centered, selfish, impatient society. Many of whom want to ignore what's right and do what they want. Then we're they're caught, the look for every way they can to point the blame on someone else. Just the fact guns were on the bus (that seems to be a fact), cocaine found in another boy's room (that seems to be a fact), and supposedly (I guess that fact is in doubt), they had a plan which involved the things they were found to have in their possession. Seems pretty simple to me. "

to: So wrote on Oct 19, 2007 4:23 PM:

" Do you not understand that there sometimes is a difference between what you tell your kid is right and what your kid does? Do you not understand that there sometimes is a difference between what your kid actually does and what can be proven under the law? Do you understand that there is a difference between actual guilt and what is printed on the pages of the newspapers you read? Do you understand that the U.S. (and the State of Illinois) has an actual justice system with procedures and protections and doesn't rely on the court of public opinion or the press to decide innocence or guilt? Do you understand that you've made a lot of assumptions that result in a lot of non-sequitors? Let us assume for a moment your child failed to follow your advice and was accused of a crime, certain facts of which were printed in a local newspaper, allowing thousands of others to draw conclusions that may or may not actually be true? Would you want your child to have the protections the Constitution provides or simply be convicted in the court of public opinion based on hearsay, rumors, and news stories? "

to: Livingston County wrote on Oct 19, 2007 4:13 PM:

" If you think that Livingston County is somehow different or more corrupt than other counties because of its "good ole' boy club," you were either born yesterday, or have never ventured outside the county. Certainly the county Bar is small and rather insular, and there is room for criticism of the judiciary, as in every county. However, until you've experienced it first hand, either from the Bar or as a party to a legal proceeding, and experienced counties like Cook and DuPage first hand, you might think about withholding your opinions about whether or not a particular ruling was correct. "

Grumplestiltskin wrote on Oct 19, 2007 4:03 PM:

" I think in the end, it won't be Al Quaeda or China or any other 'boogeyman" that brings our country down. It will be parents (or lack thereof) like in this case that are so messed up that their kids get just as messed up by default. The family unit that brought strength to our country has been replaced by a maternal government that promises more than it can deliver. People are having children without any sense of the need to provide for those children. Our society today tells us that nothing is our fault and that it is ok to just walk away from your responsibilities. The end result is 15 year old kids trying to trade cocaine for handguns. The prosperity of our country is rotting it out from the inside. If we're lucky, somehow, the pendulum will begin to swing the other way. "

to: So wrote on Oct 19, 2007 2:40 PM:

" Tell your child whatever you want, but "Protector of Rights" is correct. That's how it is, whether you like it or not. His attorney is only doing her job. I don't like to think that guilty people walk, or that innocent people are convicted of crimes they don't commit, but we all know it happens. Regardless, flawed as it may be, that's our system. "

To Livingston County wrote on Oct 19, 2007 2:22 PM:

" If that were true there would be alot more drug dealers in jail. "

So wrote on Oct 19, 2007 1:12 PM:

" when I talk to my child about drugs, I should tell them drugs are illegal and you could go to jail, unless you have them in your room and then we find a loophole to get you out of trouble. If you're going to do drugs, try to arrange a deal for guns, then that makes the drugs okay. Do you think any of that makes any sense? Maybe I should just tell my child that the way this country works is, if you do something wrong, blame it on someone else, it's never your fault. That ought to cover it. "

yeah wrote on Oct 19, 2007 12:49 PM:

" give them their guns and coke back "

Livingsto County wrote on Oct 19, 2007 11:08 AM:

" Forget about all the legal rights stuff. The defense attorney im sure is a good one . But what she has overkooked is The Livingston County Good Old Boy Club! She has just been schooled in the clubs 101 class. Meaning they do what ever they want todo in Livinston County courts. "

Protector Of Rights wrote on Oct 19, 2007 10:56 AM:

" Because that's the defense attorneys job. To find any way possible to get evidence thrown out so they can best defend their Client. It doesn't matter if the Client is guilty or not, the defense must try to win their case. The Constitution allows everyone the right to defend themself. "

to: it will never end... wrote on Oct 19, 2007 10:35 AM:

" Apparently you're unfamiliar with the Constitution of the United States of America. If you have a minute (the 8th grade might have been a good time for this), flip to Amendment number Six to the Constitution. The Sixth Amendment just might answer your question as to why "people" are always trying to find a "loophole" to get "someone who does something wrong...out of their predicament." "

can you say wrote on Oct 19, 2007 9:26 AM:

" appeal "

it will never end.... wrote on Oct 19, 2007 2:20 AM:

" When someone does something wrong, why are there always people ready to find the loophole that gets that person out of their predicament? This basic sad scenario continues into years and years of co-dependency. "

Add your own comments

Please read the rules before posting comments.

You must be logged in to leave comments.
If you don't have a member ID, please register.

*Member ID:
*Password:
Remember login?
(requires cookies)
  Forgot Your Password?