Criminal Charge: Possession of CDS, Maintaining a Dwelling for selling CDS and Motion to Revoke Probation in two old felonies
Case: State v. Stacy Gage
Court: [CF-08-132, CF-03-63, CF-03-75][Choctaw County]
Result: All 3 Cases Dismissed

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Summary:

Drug Task Force agents executed a search warrant on a Hugo, OK home and allegedly recovered small amounts of drugs and packaging materials.  Mr. Gage was not at the house at the time but was charged with BOTH possession of CDS and maintaining a dwelling for selling CDS as well as probation violations from two prior drug cases because a receipt with his name was allegedly recovered in the home.

Haslam rejected the State’s offer to revoke Mr. Gage into 10 years in prison in two 2003 cases to be served concurrent with 10 years on the new case and demanded a preliminary hearing and revocation hearings.  The agent admitted under Haslam’s cross-examination that the address on the receipt [which the State refused to produce until the day of the hearing] was not the address where the warrant was executed, that the vehicles on the property did not belong to Mr. Gage [the State did not admit they had run a title check until hearing day], but insisted that the house belonged to Mr. Gage.

The Court dismissed all three cases before Haslam could call to the stand the Choctaw County Clerk official to testify that Mr. Gage has never been the record owner of the property.

Criminal Charge: Another Felony Possession of Drugs after former conviction of a felony
Case: State v. Harvey Dale Bolding
Court: [CF-07-148] [Choctaw County]
Result: Case Dismissed

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Summary:

Hugo PD Officer Ben Milner alleged he found drugs and paraphernalia on Mr. Bolding after an alleged moving traffic violation and charged him with a felony and several misdemeanors.

The arrest was suspicious: Milner admitted at the preliminary hearing that he had been staking out Mr. Bolding for weeks but never observed him commit a crime. According to Milner, he managed to observe an out-of-date license plate sticker from about 25 yards and elected to arrest him.  During the arrest, Milner claimed he had cause to pat down Mr. Bolding and allegedly recovered a syringe from Mr. Bolding before any other officers arrived.

Curiously, Milner could not recall how long he had kept the syringe in his shirt pocket at home before delivering it to the property room.  Moreover, the custodian of the Choctaw County property room testified that official procedure for storing drugs allegedly recovered and stored involves no logging of data: no one keeps records of what was stored, who accessed it when, or even how much of what was allegedly stored.  In a bizarre twist to this already troubling practice, the custodian further testified that all property of any other kind [hmmmmmm…] IS logged and described!

The prosecutor confessed Haslam’s Motion to Suppress the evidence and the judge dismissed all the charges against Mr. Bolding.