LIMA — An Allen County Common Pleas Court judge has taken under advisement a motion filed by the attorney of a 30-year-old Lima man who claims that evidence against his client seized during the execution of a search warrant should not be admitted at trial.
Kenneth Rexford earlier this year filed a written motion seeking to suppress evidence obtained during a search warrant at the home of his client, Jonathan Mason.
Based on evidence seized during the execution of the warrant, Mason was indicted by a grand jury on three first-degree felony counts of trafficking in cocaine. He is also charged with a second-degree felony count of trafficking and a fifth-degree felony count of possession of cocaine.
According to Rexford, the search warrant in question was authorized by Judge Jeffrey Reed based on an incomplete set of facts and background information furnished by law enforcement officials.
According to court documents, the warrant was executed at Mason’s residence at 1617 N. Kenilworth Ave. in Lima following numerous purchases of cocaine from Mason by confidential informants. Those undercover drug buys, Rexford pointed out in his motion, actually took place at a residence in the 700 block of North Cole Street.
Because Mason was seen on several occasions walking between those two locations with a black backpack/duffel bag, law officers implied to Reed that Mason was transporting drugs between the two sites, the motion alleged.
Rexford said incomplete and misleading information was furnished to the judge and asked that evidence obtained during the search be ruled inadmissible.
Assistant Allen County Prosecuting Attorney Destiny Caldwell, in the state’s response, wrote that there was no intent on the part of authorities to mislead the judge and that any omissions “were not critical to the findings of probable cause” for issuing the warrant.
Judge Terri Kohlrieser took the motion under advisement.