Community Corner

State Superior Court Reverses Decision In Drug Case

Ruling is related to state police case in South Whitehall.

The state Superior Court has reversed the decision of a Lehigh County judge who suppressed evidence in a drug-related case that occurred in South Whitehall, according to a release from the Lehigh County District Attorney's office. 

A panel of three judges ruled on March 18 that cocaine allegedly found on Gilbert L.  Mason, 32, of Brooklyn, N.Y., can be used at his trial, the release said. The trial is scheduled for May. 

Lehigh County Judge Robert L. Steinberg had issued a ruling in June 2010 that granted Mason’s request to suppress cocaine allegedly found in a plastic bag pinned to his underwear, according to the release.  Lehigh County District Attorney James B. Martin appealed the decision.

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State troopers had said they responded to a disabled vehicle on a ramp at Route 222 and Interstate 78 in South Whitehall at about 3 a.m. on Jan. 21, 2010. They said a gas can was in the tank, and Mason was lying in the back seat of the vehicle.

Troopers said they asked Mason for identification and that he allegedly gave two false names. Unable to identify who he was, they said they took him into custody, searched him and allegedly found the cocaine. A state trooper testified at a hearing that state police regulations require all people in their custody to be searched before being transported.

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After a pretrial hearing, Judge Steinberg ruled that the troopers were justified in taking Mason into custody because they could not identify him. However, the judge ruled the troopers were not justified in searching Mason.

 State Superior Court Judges John T. Bender, Judith Ference Olson and Paula Francisco Ott ruled that the evidence was found during a justified and reasonable search, according to the release.

Mason is charged with drug offenses, aggravated assault, terroristic threats, resisting arrest, harassment, false identification to law enforcement officers and disorderly conduct.


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