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 - --- MAP posted-by: Elaine