Drug case challenges increase

Defendants seek to take advantage of discredited officer

The firing of Lawrence’s top drug cop, Stuart “Mike” Peck, is causing a flurry of legal challenges from defendants in drug cases.

It’s also feeding rumors that anyone busted by Peck has a ticket out of jail, a local defense attorney said.

“There’s a belief that any case involving Officer Peck is automatically going to result in a dismissal, and that’s just not true,” attorney Ken McRae said. “It creates a whole lot more work for the justice system, which is already overloaded.”

Police Chief Ron Olin fired Peck last month after Judge Michael Malone ruled he lied about a confidential informant’s credibility to get a search warrant in a drug case.

Some recent challenges related to the firing:

l Jeremiah Davis, 28, Lawrence, tried unsuccessfully this week to withdraw a guilty plea he entered Jan. 23 in a cocaine-possession case.

As in the case that got Peck in trouble, Davis’ case involved Peck using tips from a confidential informant to get a search warrant, said McRae, Davis’ attorney.

The most severe charge against Davis, possession of cocaine with intent to sell, was reduced to two counts of cocaine possession as part of the plea.

Had he waited another day to enter the plea, he might have reconsidered: The ruling that put Peck’s credibility in question happened Jan. 24.

After learning of Peck’s troubles, Davis wanted another chance at justice. But there wasn’t any specific evidence in Davis’ case that Peck did anything wrong, and Judge Paula Martin denied the motion to withdraw the plea, McCrae said.

“We didn’t have anything we could point to that showed any misleading statements in the application for the search warrant,” McRae said.

l During a hearing this week, a prosecutor accused a defense attorney of making a “circus” out of a cocaine-possession case because of Peck’s involvement.

In late 2001, the defendant, Nannette Y. Sturtridge, a 41-year-old Lawrence woman, agreed to help police arrange undercover drug buys after Peck caught her with drug paraphernalia.

He introduced the woman to officers from the city-county Drug-Enforcement Unit, and that was the end of his involvement. On the woman’s second drug-buying sting, she allegedly bought crack cocaine at a pay phone near a north-side convenience store, hid the drugs in a body cavity and brought police a paper bag filled with baking soda.

Now, she’s charged with possession of cocaine, and defense attorney Jonathan Becker alleges Sturtridge was entrapped. Assistant Dist. Atty. Dave Zabel argued the only way that would be true is if Peck or someone else told her it would be legal to switch the drugs with baking soda.

“What we have here is an attempt, really, to bring in an officer who has been terminated … and make a circus out of this case, because that’s the defendant’s only hope,” Zabel said.

l Natasha R. Neal, 23, Lawrence, is asking to withdraw a guilty plea she entered Sept. 20 on a cocaine-possession charge. She also is asking the state to disclose the identity of the confidential informant Peck used to get a search warrant and arrest her at a trailer court in the 100 block of Arkansas Street.

Peck applied for a warrant to search Neal’s home about a month before he applied for the warrant that got him in trouble with Judge Malone.

l Amanda R. Faulconer, 25, Lawrence, was in court on Friday to withdraw her plea of “no contest” in a methamphetamine-possession case.

Judge Paula Martin accepted the motion, and the state dismissed the case.

Peck arrested her in July 2001 after he allegedly stopped her for driving erratically, saw an open bottle of malt liquor in her truck, and found marijuana and methamphetamine in her purse.

“I really think the state is taking the high road in all of this,” said Faulconer’s attorney, James E. Rumsey.

Dist. Atty. Christine Kenney has dismissed at least 24 cases involving Peck as a witness, but that represents only a sliver of his arrests.

“I’m sure it will be — or could be — many more than that,” Peck said.

Kenney said her office reviewed Peck’s pending cases and evaluated each to see whether there was enough evidence to go forward without his testimony. In most cases, the state decided to dismiss, she said — but she expects more legal challenges in the weeks ahead.

Peck maintains he did nothing wrong and appealed his firing to a city-employee grievance committee.

After the committee upheld the firing, he asked City Manager Mike Wildgen to review the decision. Wildgen has yet to announce the results.