Robert Chacon
A Pasadena Superior Court judge rejected an accused rapist's argument
Tuesday that his case should be thrown out because authorities have
lost the search warrant that led to his arrest.
Clifford Hutchins' defense attorney, Enid Ballantyne, sought to
suppress the evidence collected under the warrant. Hutchins, 36,
faces charges of raping four women from La Crescenta and Pasadena in
2001.
Lacking the original copy of either the search warrant or another
legal document called "the return," Pasadena Superior Court Judge
Michelle Rosenblatt relied on the testimony of Glendale Police
Officer Arthur Frank, who recounted how he filed the original
warrant.
Though Frank testified that an original warrant was issued, he did
not know if the return -- a list of collected evidence attached to
the warrant -- was ever filed.
Frank testified that he did not know whose responsibility it was
to file the return and that he never saw one.
The Glendale Police Department "dropped the ball" by not filing
the return, Rosenblatt said. There was no question, however, as to
the validity of the warrant, she said, holding a copy of the
original. Though the return was not filed, evidence reports were
written and are on file at the department, she added.
"I am unhappy about the decision, but I may very well file a writ
and take it to the court of appeals," Ballantyne said.
Rosenblatt set the trial date for Sept. 10.
During the hearing, Deputy Dist. Atty. Natalie Adomian requested a
gag order from the participants in the case, saying she was tired of
receiving phone calls from reporters, and was concerned that the case
would be "litigated in public."
Adomian also said that media reports could taint the jury pool for
the case.
Rosenblatt said she would consider it after Adomian filed a motion
for one.
