After hearing arguments for more than an hour today, Judge Peter Estrada said he would decide on Nov. 12 whether to toss out evidence in two grow-house cases.
Justin Gaines, attorney for Nelson Rodriguez, questioned Sgt. Jamie Casey, who is in charge of evidence for the Highlands County Sheriff's Office.
The evidence is so badly decomposed, and so imbued with mold and mildew that it has become a biohazard, Casey told the court. Defense attorneys could only see it if they don Level 3 suits and breathing apparatuses.
Since the defense can't examine and weigh the evidence, his client's Sixth Amendment rights have been violated, Gaines contended.
Not so, said David Ward, who argued for the state. Officers previously weighed, photographed and videotaped the evidence, and marijuana samples are still available to be tested by a crime lab.
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