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Evidence wont be suppressed

 


District Judge E. Wayne Phillips on Friday denied a request to suppress evidence seized from the Gildford home of Kenneth Jay Flynn, 47.

Prosecutors say the search turned up marijuana, methamphetamine and an assortment of drug paraphernalia. Flynn has pleaded not guilty to felony and misdemeanor charges of criminal possession of dangerous drugs. He also pleaded not guilty to misdemeanor charges of criminal possession of drug paraphernalia and obstructing a police officer. His trial is scheduled for July 22.

Phillips said the manner in which the Tri-Agency Drug Task Force obtained the search warrant in February 2001 was legal and appropriate, according to court documents. The search was based on information from 24-year-old Sage Alexander of Las Vegas, who called 911 from Flynn's home on Feb. 21, 2001, in a drug-induced, suicidal state, according to a criminal complaint filed in court.

That morning, Alexander told a Hill County sheriff's deputy she and Flynn had stayed up all night using drugs, and the deputy saw drug paraphernalia in the home, prompting the task force to obtain a search warrant, court documents said.

In his motion, Kenneth Olson, Flynn's attorney, questioned Alexander's credibility. She has four convictions for prostitution, the defense said in court documents, and was under the influence of drugs when she called 911.

 

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