Pubdate: Sat, 29 Jan 2005
Source: San Antonio Express-News (TX)
Copyright: 2005 San Antonio Express-News
Contact:  http://www.mysanantonio.com/expressnews/
Details: http://www.mapinc.org/media/384

COURT CALLS A FLAGRANT FOUL

FORT WORTH - A wrong number led to a wrong defendant for Fort Worth
police.

Prosecutors dismissed a felony drug charge against Joe Brown on
Wednesday after discovering in the middle of his trial that when he
was arrested he hadn't been wearing the basketball jersey that police
described in their testimony.

Police testified that the suspected drug dealer arrested outside a
Fort Worth store in July was wearing a jersey with the No. 32 on it.
When prosecutor Lisa Callaghan went to the jail property room to
examine the shirt, it bore a No. 6. She got the case dismissed in "the
interest of justice."

"This was a big, major screw-up," defense attorney Jim Shaw said. "The
drug dealer maybe was No. 32, but my guy was No. 6 - just like Dr.
J."

Several police officers who testified had identified Brown as the drug
dealer wearing the No. 32 jersey. But Shaw told the judge that he
needed time to retrieve his client's clothing.

"The jersey in the property room was the throwback jersey from
Roosevelt High School, Class of 1968, of one Julius Erving, later
known as Dr. J - and always known as No. 6," Shaw said.

Brown, an ex-convict with various drug convictions, remained in the
Tarrant County Jail waiting to see whether the parole board would
grant his release. 
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