One of the 'worst of the worst' seeks to have evidence thrown ou - WRCBtv.com | Chattanooga News, Weather & Sports

One of the 'worst of the worst' seeks to have evidence thrown out

Posted: Updated:
CHATTANOOGA, TN (WRCB) - The federal drug case against a Chattanooga man may be in jeopardy. His attorneys want wiretap phone evidence against him thrown out.

Twenty-year-old Jumoke Johnson Jr. was deemed one of the 'worst of the worst' when he and 31 other men were rounded up by the feds last year. Johnson's attorneys say the evidence in his case is misleading and the state illegally tapped his phone. In Wednesday's evidence suppression hearing, U.S. Attorney Chris Poole called the efforts a "colossal waste of time," saying his defense team is basing their argument off a typo.

Jumoke Johnson Jr. faces anywhere from 10 years to life in federal prison after being arrested on drug charges in 2013. Police have testified before that he is a violent gang leader who has been known to intimidate witnesses in past cases against him.
 
Johnson's defense team filed a motion in his federal case saying "the state illegally intercepted his telephone calls."

"There's sworn information in the documents that would indicate that the wiretap began on June first, which is earlier than it was supposed to," says Johnson's attorney, Hugh Moore.

The court granted Chattanooga Police investigators a 30-day window last year to tap Jumoke Johnson's phone. The surveillance was ordered to begin June 18th. But, in one of the surveillance progress reports presented to the court, investigators said the surveillance started on June 1st, outside the 30-day window.

The U.S. attorney's office argues the date printed was a "clerical error" and that no evidence was collected before the 18th. Moore says the "clerical error" was filed under oath and is assumed to be true. He says the 30-day window should have ended on June 30th. It just so happens the majority of the state's wiretap evidence collected against Jumoke was after June 30th.    

"If we prevail, then the wiretaps are completely or partially suppressed and can't come into evidence," says Moore.

The lead police investigator on Johnson's surveillance testified in the motion hearing, despite the typo, the evidence in the case is "one hundred percent accurate."

Federal Magistrate Judge Bill Carter is expected to make a ruling within the next week. Both sides will have 14 days to file any objections to his decision.

A trial date for Jumoke Johnson's case has not yet been set.





  • NewsMore>>

  • Working Together for You

    TCAP scores released for Hamilton County

    TCAP scores released for Hamilton County

    Wednesday, July 30 2014 1:22 PM EDT2014-07-30 17:22:44 GMT
    Math scores were up 2 percent for Algebra I and 2.3 percent for Algebra II. Biology 1 ticked up 0.6 percent and U.S. history declined by 0.5 percent.More
    Math scores were up 2 percent for Algebra I and 2.3 percent for Algebra II. Biology 1 ticked up 0.6 percent and U.S. history declined by 0.5 percent.More
  • A new leash on life

    A new leash on life

    Wednesday, July 30 2014 1:11 PM EDT2014-07-30 17:11:37 GMT
    A paralyzed puppy gets a second chance at life when a caring community steps forward.More
    A paralyzed puppy gets a second chance at life when a caring community steps forward.
    More
  • Truck accidents surge, but no national outcry

    Truck accidents surge, but no national outcry

    Wednesday, July 30 2014 12:43 PM EDT2014-07-30 16:43:12 GMT
    Fatal truck accidents happen nearly 11 times every single day in this country on average, and killing nearly 4,000 people each year, according to the Federal Motor Carrier Safety Administration.More
    Fatal truck accidents happen nearly 11 times every single day in this country on average, and killing nearly 4,000 people each year, according to the Federal Motor Carrier Safety Administration.More
Powered by WorldNow
Can't find what you're looking for?

WRCB-TV
900 Whitehall Road
Chattanooga, TN 37405
(423) 267-5412

WRCB Jobs EEO | FCC Public Files

Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WRCB. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.