Attorneys continue battle over Deputy Jason Mackey-related marijuana case
July 13, 2018
A judge's ruling that Deputy Jason Mackey made misleading and false statements in a search warrant could follow him throughout his career, a prosecutor said.
That's the reason why Assistant District Attorney Chris Walsh wants a Superior Court judge to reconsider his ruling about the former Narcotics Task Force member.
Attorneys are scheduled to appear Monday before Judge Robert Tice-Raskin in a misdemeanor marijuana case involving Mackey. In a motion filed this week Walsh argues the judge should strike a portion of a May 1 ruling against Mackey. In that ruling the judge determined Mackey couldn't see marijuana plants — cannabis the deputy used for a search warrant that led to the arrests of Mark Gonsman and Corey Connors.
It's the determination that Mackey saw no pot plants that led the judge to say Mackey made false and misleading comments
"I think it's pretty clear at this point that it's not about the misdemeanor pot charges," Walsh said, adding that he'll dismiss those accusations. "The issue that we have is that the court's finding against Deputy Mackey would be used by defense attorneys in other cases to impeach Deputy Mackey's credibility."
Defense attorney Stephen Munkelt, involved in the case, said Walsh is making a request the judge has no power to grant. Additionally, Walsh makes statements in his motion that are hearsay and shouldn't be considered by the judge. Likewise, a photo attached to Walsh's motion purportedly showing marijuana should be disregarded.
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"Counsel apparently believes it was taken by Deputy Mackey prior to service of the warrant in this case," Munkelt writes. "But Mr. Walsh was not along on the overflight, and so cannot show personal knowledge of facts which would lay a foundation for admission of the photo."
Mackey, and accusations against him made by a handful of attorneys, became an issue in the district attorney's race. Seeking to oust District Attorney Cliff Newell, Glenn Jennings claimed Mackey lied in a warrant and in May 2015 declined to testify about it.
Newell won re-election with 50.71 percent of the vote.
To contact Staff Writer Alan Riquelmy, email email@example.com or call 530-477-4239.