Letter: Fruits of a poisonous tree


The Lima Chapter of the NAACP contends there was never a drug sale at 419 S. Collett and that not just part of the affidavit was a misstatement of fact, but the affidavit in its entirety was fabricated and false and was written and done intentionally by Lima Police Detective Brotherwood and illegally upheld by Judge Reed.

According to a Jan. 8 story in The Lima News, Assistant Allen County Prosecutor Destiny Caldwell wrote in the state’s response to a defense motion to suppress evidence garnered during the raid that “some information submitted by Brotherwood would ‘appear to have been made with reckless disregard for the truth.’ ” This is clearly an understatement as the evidence does not support anyone ever wearing a wire as stated by Brotherwood, who clearly stated in open court that the confidential informant wore a wire. This also was a misstatement of facts as the so-called C.I. clearly stated in open court that he never wore a wire, which means there was never a controlled buy as stated by Brotherwood. Further, no one has been indicted in this case for a drug sale. There is no proof of any devices being used.

The C.I. clearly stated in open court, “I told Brotherwood that I could not purchase drugs from Mr. Bingham” and yet this officer still implicated Mr. Bingham in the affidavit. The officer then stated in the affidavit that Calin Truesdale, in an interview with him, stated that “he has been buying marijuana from Leonard for two years.” Calin Truesdale on a signed affidavit clearly stated that he has never purchased drugs from Mr. Bingham and after the investigation the prosecutor conceded that no such interview exists and the interview never occurred.

The NAACP argues the affidavit in its entirety be reviewed and not in part as Judge Reed signed a fabricated document and is trying to uphold and protect Dustin Brotherwood.

The NAACP demands that justice be served and all charges be dismissed as Judge Reed clearly has seen the facts and still refuses to serve justice. Based upon the affidavit being falsified, the search was illegal in more than one way and should not stand.

The Rev. Ronald Fails, president of the Lima Chapter of the NAACP

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