By way of background, DTU handles drug cases (mostly involving pills), carrying fifteen and twenty-five year min/mans. They tell you that if you dispute the State's evidence via Motions that don't get granted, you are plain and simply going to trial. Addicts who are in simple possession of maybe twenty-five pain pills are then looking at fifteen years, or twenty-five years for a few additional pills. The jury by law does not get to hear what the potential penalties are, and it is not necessary for the State to prove the addict sold or intended to sell the drugs.
Of course, as stated above, it turns out there isn't a policy at all. All the lawyers who have been told this by a DTU prosecutor must have misunderstood, including the judges who hear it when it's stated on the record. Yes, even those lawyers DTU Chief John Gallagher screamed at for going over his head to Chuck Morton orSatz because they didn't like the rules are wrong too.
Can't believe your eyes? Here's part of an email sent to SAO Media Man Ron Ishoy earlier today:
"(O)n Mr. Satz's policy regarding the Drug Trafficking Unit.
As everyone knows, Mr. Gallagher and his team withdraw all offers if an attorney files a Motion To Suppress, Motions regarding Entrapment defenses, or any other type of Motions questioning the State's case. If Motions are filed, a Defendant has to go to trial facing the mandatory minimum penalty in nearly every case. If no Motions are filed DTU will entertain breakdown offers typically involving reduced prison sanctions.
The question ... is simple: what is Mr. Satz's rationale for the policy?"
The answer came at 4:54 pm:
"The State Attorney's Office has no such blanket policy. Each case is based on its own evidence and unique circumstances."
Again, who knew? Every attorney, judge and Defendant must have misunderstood. You can file Motions in DTU cases without fear of reprisal after all.
"If it's true they must have decided that today in a meeting with Mr. Satz personally. I've had ASA's explain that policy to me for years. Every DTU prosecutor has explained that policy to me because the policy was you can't file a Motion."