Attorney: Destroyed evidence should end St. Charles indoor marijuana case
Should felony charges against a man accused of running a large indoor marijuana grow operation near St. Charles be dismissed because the seized drugs have been destroyed?
The attorney for David Robbins, now of Downers Grove, plans to argue before a judge that the destruction of evidence in the case deprives his client of his right to due process and being able to independently test the drugs.
Police say Robbins, 48, was found with 463 plants and nearly 14 pounds of dried marijuana for sale after authorities searched his house on the 38W500 block of Mallard Lake Road in November 2014.
Kane County Assistant Public Defender Ron Dolak argues in court papers that the Kane County sheriff's office on Nov. 15, 2015, destroyed the plants and dried marijuana, but a Kane County judge in February 2016 signed an order allowing Robbins to inspect the evidence against him.
Dolak writes that state law requires authorities to preserve seized marijuana if an arrest resulted in more than 6,001 grams being seized and more than 51 plants confiscated. Robbins was accused of possessing 6,309 grams of marijuana packaged for sale, a felony that carries a punishment of six to 30 years in prison, according to Dolak's motion.
"The loss or destruction of the substances prevents the defendant from examining evidence and violates the due process clause of the 14th (Amendment of the U.S. Constitution)," read part of the motion. "There is no appropriate sanction other than the dismissal as a continuance would not bring back the destroyed evidence. The destruction of the evidence prevents the defendant from disputing the state's test results."
The case of Robbins, who is free on $15,000 bond, was in court Wednesday and a hearing is set for Nov. 20.