Pubdate: Tue, 13 Jun 2000
Source: Morning Call (PA)
Copyright: 2000 The Morning Call Inc.
Contact:  http://www.mcall.com/
Author: Lauri Rice-Maue

ALLENTOWN BOXER'S DRUG CHARGES DROPPED AFTER EX-OFFICER'S ARREST

Conduct of former narcotics agent, who was to testify against Art
Baylis, was factor in dismissal.

The arrest of a former state attorney general narcotics agent has
resulted in the dismissal of a cocaine delivery charge against a
professional boxer from Allentown.

On Monday, Northampton County District Attorney John Morganelli agreed
to throw out the case against Art Baylis because Gary Heim, the agent
to whom Baylis allegedly sold nearly 14 grams of cocaine in 1997, not
only has been fired from his job but also was arrested last month in
Allentown on charges of impersonating a public servant and
prostitution-related offenses.

Heim, who was fired last July from his job with the Bureau of
Narcotics Investigation and Drug Control, would have been the only
witness available to testify against Baylis, and Morganelli said
Heim's arrest would have been brought out at trial, calling his
credibility into question.

The attorney general's office has refused to reveal the identity of
the confidential informant involved in the alleged drug transaction
between Baylis and Heim in the 1000 block of Berwick Street in Easton
on Jan. 16, 1997, leaving Morganelli without witnesses in the case.

"It wasn't worth giving up a confidential informant who is working on
other cases," Morganelli said. "It was a real problem for us."

He also pointed to the age of the case, the fact that Baylis was
charged more than a year after the sale allegedly took place and that
Baylis has had no other involvement with the law since the incident as
other reasons for his decision to drop the charge.

Had Heim not been arrested, the prosecution of Baylis could have
proceeded, said Morganelli.

Kevin Harley, deputy press secretary with the state attorney general's
office, said he was not aware of other cases that had been thrown out
because of Heim's arrest.

"He was not dismissed for jeopardizing any cases but for repeated
violations of office rules," said Harley. "He's trying to get his job
back through arbitration."

Heim, who had worked out of the Allentown office, was allegedly
spotted at 1:30 p.m. May 8 by Allentown vice officers picking up a
known prostitute and going into a home with her in the 300 block of N.
Seventh Street for about 10 minutes before he left.

When officers stopped him, he allegedly flashed a badge and photo
identification at them, and although they initially let him go, a
check revealed that he no longer worked for the attorney general's
office. They charged him by summons.

Baylis, 42, of the 700 block of N. Jerome Street, was represented by
Allentown attorney John Karoly, who is also a boxing promoter. Karoly
was unavailable for comment about the case, but in paperwork filed in
March on Baylis' behalf, he had asked that the charges be dismissed
due to "prosecutorial misconduct."

Karoly claimed Baylis was entrapped by Heim and never would have
become involved in the sale had he not been encouraged by Heim to do
so.

Baylis "was not predisposed to commit or contemplate the crime. The
crime was committed only at the prodding of the commonwealth witness.
The crime was the product of the creative activity of the affiant, a
law enforcement officer," Karoly said.
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