January 23, 2004
Gay man attracted to undercover officer -- Drug bust ruled entrapment
Now I have seen it all. When a man’s attraction to an undercover officer can be ruled as entrapment, where does it end?
An appeals court in Florida ruled Wednesday that a detective working undercover was too good-looking for a gay man to be charged in a drug sting.
According to the Sun-Sentinel, a Florida newspaper, Detective Mike Nahum went to a gay club in Fort Lauderdale in 2002 to investigate suspected drug activity. According to court records, he met Julio Blanco, a self-described “lonely gay man.”
Blanco testified that Nahum said he wanted to have a “good time” and to “party.” While Blanco hoped Nahum was making a pass at him, the officer thought he was clearly asking for drugs.”
Seems like standard cop talk for drugs to me… Not necessarily Nahum making a pass at Blanco.
Blanco said Nahum started asking for cocaine repeatedly. After the third request, Blanco said he had enough and tried to leave, but the undercover detective said, “Come on, can you get me some?”
Here’s the so-called “entrapment”
Blanco said Nahum was too good-looking to resist. He went to the restroom, where he bought some crystal meth and gave it to the officer. Nahum gave him $60 for the trouble, bought him a beer and even exchanged numbers, promising to call in a few days.
Police arrested Blanco two weeks later.
But wait, there’s more, even the lawyer and the judge play vital roles in this undermining of the American justice system.
During Blanco’s hearing in 2002, Broward Circuit Judge Susan Lebow said “The whole situation seemed very clear to me. I mean, the detective walked in dressed in a T-shirt and jeans, and, for the record, he was a very attractive man and … “
That’s when Blanco’s attorney, Kevin J. Kulik interrupted and asked Judge Lebow to enter her opinion of Nahum’s attractiveness as an official finding.
She did.
Can the attorney/judge do that manuever ethically?
On Wednesday, the Fourth District Court of Appeal agreed with Judge Lebow’s assessment that Blanco had been entrapped by “nonverbal communication used” by the undercover — and, as a matter of record, very attractive — detective.
[ Unopinioned Story @ Yahoo!News ]
Source: Yahoo!News © 2004 Yahoo! Inc.
Posted by akvalley at January 23, 2004 03:10 PM | TrackBack