Source: Cincinnati Post (OH) Contact: http://www.cincypost.com/ Pubdate: Tue, 30 Mar 1999 Author: Kimball Perry, Post staff reporter COP WHO PLANTED DRUGS WINS ROUND But prosecutor will appeal ruling A prosecutor said today he will appeal a ruling that could lead to dismissal of charges that fired Cincinnati police Sgt. John Sess planted drugs on a suspect. Hamilton County Common Pleas Court Judge Robert Ruehlman granted a motion Monday to suppress a statement by Sess in which he admitted planting marijuana in 1984 on Shadarle Ragan. That means Special Prosecutor James Beaton, from Warren County, can't use at the trial Sess' statement - or any evidence gathered as a result of that statement. 'My feeling is his ruling effectively kills the case,' Beaton said after Ruehlman ruled. Today, though, Beaton said he would appeal Ruehlman's ruling to a higher court. 'The state would have ultimately found this information out at some later time,' Beaton said. Sess attorney James Perry argued, with supporting testimony from former and current Cincinnati police officers, that Sess only admitted to the specifics about the charges against him after police began an internal, non-criminal case and promised Sess immunity from prosecution. Sess was a 24-year police veteran when he applied for a job with the Regional Enforcement Narcotics Unit. As he was about to be given a lie detector test as part of his job application, he was asked if he'd done anything that could embarrass the unit. That's when he said he planted marijuana on Ragan 13 years earlier. When cops read Sess his rights, he demanded a lawyer and refused to talk. Later, after police said they were conducting an internal investigation and granted him immunity, Sess gave them details. But Hamilton County prosecutors, who were later replaced by the special prosecutor, said they - not police - would decide if Sess received immunity. He didn't and they presented evidence against him to a Hamilton County grand jury, which then indicted him on that evidence in 1997. - --- MAP posted-by: Don Beck