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Judge to rule on evidence
Photo
Trent Rapp
By Elise Franco
Youngstown
Judge Maureen Sweeney will rule in the next two weeks on whether evidence gathered on a search warrant will be suppressed in a case against a former Canfield businessman.
Judge Sweeney heard testimony Tuesday from Canfield Detective Brian McGivern and Beaver Township Detective Eric Dattilo during an evidence suppression hearing in Mahoning County Common Pleas Court.
A motion to suppress was filed by Atty. Sam Amendolara, who represents Trent Rapp, former owner of Dairy Queen in Canfield, indicted in July 2009 on 16 charges after a six-month investigation by Canfield and Beaver police and the FBI.
Rapp faces single counts of marijuana trafficking, cocaine possession, corruption of a minor with drugs and possession of criminal tools; eight counts of child pornography; and four counts of pandering sexually oriented material.
Amendolara argued that the affidavit presented to obtain the search warrant in January 2009 was unsubstantiated, making evidence gathered from the search inadmissible in court.
“The fact is, a [confidential source] gave you a statement,” he said while questioning McGivern. “But that doesn’t say whether it’s true or false.”
Both McGivern and Dattilo said they used information given to them by a confidential source to obtain the warrant.
The detectives said the source had personal knowledge of Rapp and of Rapp’s Beaver Township home, such as where in the home counterfeit money was and what it was stored in, as well as where to find drugs in the home.
The original warrant was issued by Judge Joseph M. Houser of Mahoning County Area Court in Boardman.
Amendolara argued that this was not enough, and the information the source gave should have somehow been substantiated by police before asking for a warrant.
Prosecutor Gabe Wildman said that the source’s information was enough probable cause.
“Mr. Rapp’s attorney keeps talking about inferences, but that’s not correct,” he said. “What these officers presented Judge Houser with was direct evidence.
“He was a confidential source who knew the inner workings of Trent Rapp’s [alleged] criminal enterprise.”
Judge Sweeney said Amendolara will have seven days to file a brief on the subject and Wildman will have seven days after Amendolara’s brief is filed. She said she will rule on the motion after reviewing both briefs.