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Judge throws out key evidence in drug case
Posted: 05.27.2010 at 8:35 PM
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COLORADO SPRINGS, COLO. -- The district attorney's office could have a high-profile drug case slip through its fingers after a judge threw out key evidence.

It all started with a seven-month-long investigation of a large drug ring.

Operation "Jeez Luis" ended when police busted the ring in October. Fifteen people were arrested for trafficking meth all over southern Colorado.

Detectives also seized weapons, cash and $300,000 worth of drugs.

But the whole thing could be for nothing if the D.A.'s office can’t get its evidence readmitted.

During the investigation police said they used wire taps to listen into accused ring leaders making drug deals over the phone.

But Thursday a judge threw out all the wire taps because of how the D.A. got the warrant to listen into those calls.

For seven months, starting in March 2009, vice cops followed this group of people they say were running a huge meth ring. They said Luis Vega was the leader and got his meth through his dad's Mexican drug cartel connection.

Cops say his right-hand man was Jorge Perez and they were part of the La Familia Surenos street gang.

About three months into the undercover operation the D.A.'s office helped police get wire taps so they could listen in to the day-to-day activities of Vega and Perez.

But how the D.A. got the warrant could doom the case.

The defense said prosecutors got a judge they were a little too close to, to sign the warrant.

"The judge that the district attorney took this wire tap to spy on American citizens at the time they went to do that, his son was working in the district attorney's office," said defense attorney Josh Tolini.

The judge's son worked inside the D.A.’s office.

Nobody is saying that’s why the judge approved the warrant. But it was enough for the trial judge to throw out all the wire taps.

"The importance is for our system to be above even the appearance of impropriety," Tolini said.

Prosecutors say they will appeal the judge's ruling.

But they could be forced to go to trail without any of evidence from the wire taps.

"It's not that they are the only case -- they are a substantial part of the case -- but they are just part and parcel of it. It’s not everything but it’s also an important part of the case," said Deputy District Attorney Jack Roth.

The trial was set to begin in just a couple of weeks.

But the appeal is expected to take three to six months.

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