Mr. Ford gave a special account. He testified that after flattening his shorts and underwear, Mr. Monahan, with the assistance of two different off
Mr. Ford gave a special account. He testified that after flattening his shorts and underwear, Mr. Monahan, with the assistance of two different officers, “unfold my butt cheek, after which he went, excuse me, went to my rectum and retrieved the merchandise, the contraband that he stated I had,” in line with a courtroom transcript of the suppression listening to.
Decide Gerald B. Lee, in a scathing choice, stated he merely didn’t consider Mr. Monahan’s testimony. Decide Lee stated that the search was unconstitutional and emphasised that it happened in broad daylight. The case was finally dismissed.
Ms. Picavet stated that the Park Police requested federal prosecutors on the time to hunt a “reconsideration” of Decide Lee’s choice however that the request was denied. She stated that Mr. Monahan later testified in quite a few different circumstances and that “his testimony and actions have been discovered to be credible.”
However on one other event, Decide Lee, who on the time was sitting in Federal District Court docket in Alexandria, dismissed one other drug case involving a motorist that Mr. Monahan had stopped on suspicion of failing to put on a seatbelt. The decide stated he didn’t discover Mr. Monahan’s account of the 2002 episode — which resulted within the arrest of the person, Rasheed McDaniel — to be credible, partly due to Mr. Monahan’s testimony in one other case.
“Analyzing Officer Monahan’s demeanor on the witness stand, his testimony about his observations, and contemplating his earlier questionable veracity earlier than this courtroom in one other visitors cease on the Parkway, the courtroom finds unbelievable that Officer Monahan noticed a passenger not carrying his seatbelt because the automobile was touring previous him for a fleeting second at 1 o’clock within the morning,” Decide Lee wrote in a January 2003 choice.
Decide Lee, who’s now retired, declined to remark additional on the case however stated that he stood by the statements he made in courtroom that he discovered Mr. Monahan to be untruthful.
In all, federal judges suppressed proof in at the least a half-dozen felony circumstances throughout the years that Mr. Monahan patrolled both nationwide parks in Washington or highways underneath Park Police jurisdiction in Northern Virginia, in line with protection legal professionals and a overview of courtroom filings.