Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 27, 1990 TAG: 9007270278
SECTION: VIRGINIA PAGE: B3 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
A Roanoke judge questioned that assertion Thursday, calling for an inquiry into a financial statement in which Sandra Mise requested a court-appointed attorney.
General District Judge John Apostolou wondered how someone allegedly involved in such a lucrative business could suddenly claim to have no assets.
"The integrity of the system would be compromised if we had people coming in here and saying: `I don't have anything, let the taxpayers pay for it,' " Apostolou said.
Mise, 23, is accused of trying to smuggle the largest amount of crack seized in Roanoke - about 16 ounces with a street value of $110,00 - from New York through the Roanoke airport.
Following testimony that Mise was arrested in what a defense attorney called a "drug courier profile" operation at the airport, Apostolou ruled there was probable cause to support a charge of possession of crack with intent to distribute. He certified the case to a grand jury.
After making his ruling, Apostolou raised the question of Mise's financial standing.
The issue of appointing lawyers to represent alleged drug dealers who may have hidden assets has been a concern "ever since crack hit the streets," said Assistant Commonwealth's Attorney Jeff Rudd.
Rudd said is not uncommon for judges to raise questions about a defendant's income, especially those who are accused of being involved in large drug deals and those who post cash bonds.
But Steven Milani, an assistant public defender who was appointed to represent Mise, said he believes she is entitled to free counsel.
Mise is one of five people arrested at the Roanoke airport since city police began to monitor debarking passengers. Suspicious-looking passengers have been approached and questioned.
Although the criteria for approaching someone is based on certain descriptions and actions, Rudd objected when Milani refered to the practice as a "profile" arrest.
Such language "carries with it the connotation that police officers are stopping people at random," Rudd said after the hearing.
Under the profile method, police can approach someone who looks or acts suspicious. However, they cannot arrest or detain the person based solely on their appearance. But police are allowed to briefly question the suspect - a procedure that sometimes leads to an arrest.
Vice Detective Monti Lee testified Thursday that Mise, the second person to step off an airplane from New York's LaGuardia Airport, caught his attention because she was wearing a leather jacket and a loose-fitting sweater that extended half-way to her knees. The temperature outside was 73 degrees.
As Lee made eye contact with Mise, she quickly looked away and appeared to become nervous, Lee testified.
As the detective followed the woman down the concourse, she began to walk rapidly and often glanced over her shoulder.
At that point, Lee approached Mise and identified himself as a police officer.
by CNB