Lawyers representing alleged crime boss Christopher 'Dudus' Coke have filed another motion in court to exclude the wiretap evidence being used against him.
Coke, who is facing multiple drug-trafficking and gunrunning charges, was indicted in the United States based, in large measure, on the evidence of conversations reportedly intercepted by local law-enforcement agencies.
In a motion filed in United States District Court, in The Southern District of New York yesterday, Coke's lawyers argued that the use of the wiretap information would be a breach of the Fifth Amendment of the US Constitution.
"In addition to a motion to exclude evidence on the basis of a violation of the Due Process Clause by the government, the defendant is also entitled to exclude this evidence on the basis that the government, knowingly and intentionally, obtained this evidence in violation of a treaty between the United States and Jamaica and in violation of Jamaican law," the lawyers argued.
"Because there are legal bases upon which this court can exclude use of this wiretap evidence at the defendant's trial, the defendant is entitled to obtain the needed evidence from Jamaica to support and, thereafter, to file a motion to exclude the Jamaican wiretap evidence from use at the trial of this defendant," added the lawyers.
According to the lawyers: "... The defendant (Coke) is also entitled to an evidentiary hearing at which (he) will introduce documentary evidence and present witnesses to prove that this court should exclude all wiretap evidence from his trial."
The lawyers argue that under US law, "A foreign national detained on suspicion of a crime, like anyone else in our country, enjoys under our system the protections of the Due Process Clause."
The Fifth Amendment of the US Constitution governs the obtaining of oral incriminating evidence from a defendant by the law-enforcement officers of a foreign country.
history of crime
Coke has pleaded not guilty to charges that he ran a massive international drug and gun ring.
Prosecutors have argued that Coke conspired to distribute cocaine and marijuana throughout the eastern United States for more than 15 years.
According to documents filed by the prosecutors, drug dealers in the US regularly sent cash, goods, including clothing and electronics, and firearms to Coke as tribute payments, in recognition of his leadership and assistance.
Coke was extradited to the US after he waived his right to challenge an extradition order.
That order was signed by Justice Minister Dorothy Lightbourne after a nine-month squabble with US authorities about the legality of the wiretap evidence used to indict the then Tivoli Gardens area leader.
-- Edited by DJ FiFTY (CHAT MOD) on Wednesday 15th of June 2011 12:01:55 PM