Timothy Kendrick's Legal Nightmare Finally Ends

A Texas man's two-and-a-half year old drug case in Champaign County finally came to an end on February 9, 2011 in Judge Tom Difanis' courtroom after State’s Attorney Dan Clifton suddenly dropped the case. The alternative was for Judge Difanis to rule on an 8-page Motion to Dismiss for lack of a speedy trial. Had the State not dropped the case and the judge not granted the Motion to Dismiss, then the trial would have commenced.

Timothy Kendrick was arrested on Sept. 4, 2008 when coming from Houston, Texas to pick up his brother in Champaign and go to see their mother in a Chicago hospital.  The apartment where Kendrick went to pick up his brother was raided within that half hour by the Drug Enforcement unit of the Champaign police with a search warrant. Kendrick claims that of the five adults who were present on the scene, or brought in from the parking lot, one of them was let go and Kendrick’s fingerprints were the only ones taken. He says his photo id was taken from his pocket while he was handcuffed and a crime scene photo was taken with his ID propped up in a kitchen cabinet, above a drawer where drugs were found.

According to Kendrick, police made deals with others at the apartment, including the leaseholders, as well as someone arrested on a different warrant, the following day. Kendrick had no knowledge of the drugs found in the apartment and was not open to "working for the State." Kendrick spent a lengthy 21 and one half months in the Champaign County jail on a $100,000 bond. He was originally charged with one count of Manufacturing and Delivery of 100<400 grams of cocaine.

During the first nine months of his incarceration, he was not allowed to come to court, although the docket erroneously reported him as appearing with his lawyer three times. “This was a violation of my due process rights,” said Kendrick.

The Speedy Trial Act requires an automatic 120 (court) days or 24 weeks from arrest to trial, excluding continuances for the defense. On June 22, 2010, Judge Clem remanded his case to the court of Judge Blockman who dismissed it for lack of a speedy trial. The State’s Attorney asked for the case to be dismissed "without prejudice," which allowed them to bring new charges.

Kendrick remained in jail and the following day (June 23) was arraigned on a new indictment of 3 counts:  controlled substance trafficking, unlawful criminal drug conspiracy and unlawful possession with intent to deliver a controlled substance, but the dates were extended backwards for a year from Sept. 4, 2008 to September 4, 2007. The following day, June 24, 2010, Timothy Kendrick was still in jail when deputies came to him with orders for him to be released on his own recognizance. He was to return to Houston, Texas to report to his parole board.

Kendrick was given a court-appointed attorney, Michael Zopf, in July of 2010. Kendrick had to travel to Champaign County from Houston seven times for court appearances. His lawyer filed a motion demanding a "Bill of Particulars" from the State to explain what he supposedly did in the year before he was arrested, i.e. the new charges. Judge Difanis gave the State a time limit of 40 court days to answer the demand and still they twice asked for a continuance. The second time, December 22, 2010, Judge Difanis sanctioned the State by barring all the informants' testimony from appearing for the State. Thereupon, Zopf prepared a motion demanding dismissal on the grounds of lack of a speedy trial, linking the two cases, which both center on the day of arrest on September 4, 2008.  That motion would have been heard on February 9, 2011, but the State dropped the charges before the decision could be ruled upon.

Today, Kendrick is free, but it has been a difficult path. “It has been a long hard fight,” Kendrick said, “but I knew I was innocent and never gave up.”

By Mark Enslin

Schenk's account of the Kendrick case

Compare this story to Mary Schenk's account in the News-Gazette. Again, Schenk serves as the mouthpiece of the State's Attorney's office. BD

 

Charges dismissed in 2008 drug case

Wed, 02/09/2011 - 9:56pm | Mary Schenk Contact Author

URBANA – A criminal drug conspiracy case against a Texas man that started in a Champaign apartment 29 months ago was dismissed Wednesday in Champaign County Circuit Court.
"It breaks my heart," Assistant State's Attorney Dan Clifton said of his decision to dismiss charges alleging that Timothy Kendrick, 32, of Houston, brought cocaine into Champaign County to sell it between September 2007 and September 2008.
Kendrick's court-appointed attorney, Mike Zopf of Champaign – the fourth attorney to represent him – said his client, who spent 21 months in the county jail awaiting trial, was "very happy."
The case against Kendrick has a twisted procedural history that started with his arrest Sept. 4, 2008, by Champaign police narcotics agents.
Armed with a search warrant for an apartment in the 2400 block of North Neil Street, the officers found about 185 grams of cocaine, much of it squeezed into a plastic bag in a vise found in a closet.
Kendrick was charged with possession with intent to deliver a controlled substance, a Class X felony carrying a potential prison term of between nine and 40 years.
He went through two different attorneys before hiring Marion attorney Leroy Cross in January 2009. With Judge Harry Clem hearing the case, Cross sought and was granted several continuances, many of them related to his unsuccessful attempt to quash the search warrant and the seizure of the suspected cocaine.
In June 2010, Clem asked Judge Arnold Blockman to try the case because his own caseload was so heavy. But when Clifton asked for a continuance because a crime lab analyst was undergoing chemotherapy, Blockman refused to grant it, noting that Kendrick had been jailed 21 months, far longer than is typical of defendants accused of felonies waiting for trial.
Clifton responded by dismissing the trafficking charge with a promise to refile – a perfectly legal maneuver designed to buy him more time to prosecute the case.
When he refiled the next day, Clifton added controlled substances trafficking and unlawful criminal drug conspiracy – charges that Zopf contends "came back to haunt" Clifton because there were more allegations for him to prove.
Kendrick, meantime, was arraigned on the refiled charges and released on his own recognizance by order of Presiding Judge Tom Difanis, who then assigned himself to hear the case.
He also appointed Zopf, a private attorney who formerly was a prosecutor, in early July to defend Kendrick, because the public defender's office had a conflict of interest since it represented many of the witnesses against him.
On Sept. 21, Zopf asked Clifton for a "bill of particulars" on the conspiracy charge – that is, details supporting the allegation.
But when Clifton didn't meet the mid-December deadline for responding that Difanis had ordered, Difanis basically gutted Clifton's case by ruling that Clifton could not call any of the witnesses listed in the bill of particulars that he had produced about a week late.
"When I couldn't come up with a way to make the case without those witnesses, after studying it intensely, I decided to dismiss," said Clifton, clearly dejected by Difanis' ruling.
Kendrick, who has also done time in the Texas penitentiary for a 2000 drug conviction, was present Wednesday morning in Difanis' courtroom to hear that his case was dismissed.
"He's very happy to go back and see his father in Houston," Zopf said.

Mary really needs to get a life

See above.

Throw Clifton in the Tank

Perhaps ASA Dan Clifton ought to go spend 2.5 years in the friendly confines of the Champaign County Satellite Jail?  See how he likes it.

Exactly

Exactly. The system is really backwards in this county.  

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