Pubdate: Sat, 16 Dec 2006
Source: Alton Telegraph, The (IL)
Copyright: 2006 The Telegraph
Contact:  http://www.thetelegraph.com
Details: http://www.mapinc.org/media/1207
Author: Sanford J. Schmidt

DISORDER BRINGS MAN'S ACQUITTAL

EAST ST. LOUIS - An Alton man was acquitted on a major federal drug 
charge Friday after convincing a jury he had attention deficit 
disorder and did not understand what was being asked of him when he confessed.

Victor Wiley, 30, of the 400 block of Alice Drive in the Enchanted 
Village mobile home park, was on trial this week in U.S. District 
Court in East St. Louis on a charge of possession of 35 grams of 
crack cocaine, which could have gotten him a 30-year prison term if convicted.

Wiley's lawyer, John Stobbs of Alton, said an acquittal in federal 
criminal cases is a rare event.

"(Federal prosecutors) win about 98 percent of their cases. This is 
like the lamb slaughtering the butcher. The little guy won," Stobbs 
said. "This is a huge victory. This guy got exactly what he deserved, 
which was acquittal."

Stobbs said the key to his case was the argument that his client had 
attention deficit disorder and was high on crack cocaine when 
interviewed at the Alton Police Department shortly after his arrest 
July 28, 2004.

Expert witnesses testified that Wiley had the disorder.

"The government's own witness testified to that," Stobbs said. He 
noted that a psychologist was on the jury and would have understood 
the implications of ADD.

Wiley's comprehension also was hampered by the amount of cocaine in 
his system, Stobbs said.

"He was high as a kite," he said. "They had to give him Librium in 
the Madison County Jail for his withdrawal symptoms."

Wiley was arrested at a home in the 400 block of Tara Court. Police 
were looking for him in connection with an incident involving a gun 
and a confrontation with his girlfriend.

Police went to the Tara Court address acting on an anonymous tip. 
Along with Wiley, police found 35 grams of cocaine and $8,000 in cash.

Court testimony revealed that two other people were at the home when 
Wiley was arrested. They were not charged but could have been the 
owners of the drugs, Stobbs argued.

One of the men identified himself as "Johnny Carson." He gave police 
a statement that the drugs belonged to Wiley.

The witness testified in court this week that police told him that 
night that he could go home if he signed the statement implicating Wiley.

Police had been conducting an intense search for Wiley after he 
allegedly restrained his girlfriend at their home on Alice Drive.

Wiley had a previous felony conviction and was "armed and dangerous," 
police said at the time.

Besides the federal charges, Wiley was charged in Madison County 
Circuit Court with aggravated restraint, battery and unlawful 
possession of a weapon by a felon. The status of the state charges 
was not available late Friday.

However, Wiley earlier pleaded guilty to the gun charge, which was 
removed to federal court. A sentencing date on the gun charge has not been set.

Officials with the Alton Police Department could not be reached for 
comment Friday
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