A local man claimed in Cayuga County Court Thursday that evidence collected to charge him with identity theft should be thrown out because it was illegally obtained.
The charges stem from an investigation that came about as a result of a court error.
The error occurred on on Feb. 3, 2006, when Eduardo Camacho, 24, was never placed on post-release supervision when he was released from prison for a violent robbery. According to New York State criminal law, all violent felons are supposed to be placed on post-release supervision upon the completion of incarceration.
Even though the court never placed Camacho on supervision, the state Department of Corrections attempted to put Camacho under supervision on its own. When Camacho was found to be in violation of that supervision, a parole officer was sent to arrest him. That arrest led to the discovery of a stolen credit card. During the investigation, Camacho and his fiancee both issued statements stating he had filed an application for the credit card in someone else's name and had charged more than $1,000 to the account.
Camacho, who is currently being held in the Cayuga County Jail for the ID theft charge, filed a lawsuit against the Department of Corrections, claiming it could not have him arrested for violating his post-release supervision because he was never placed on supervision. On March 22, 2007, state Supreme Court Judge Peter Feldstein said the Department of Corrections had acted outside the limits of its authority, and Camacho was ordered to be released from jail for the violation of supervision.
But he still had the ID theft charges pending.
On Thursday, Camacho said the credit card, his statements made during the investigation and any bank records should be inadmissible as evidence against him because he was improperly arrested.
District Attorney Jon Budelmann said the evidence should not be thrown out because it was collected in good faith. The parole officers were not abusing their power to collect information from Camacho and were acting within the scope of their profession and the warrant when he was arrested.
Cayuga County Judge Thomas Leone reserved his decision and adjourned the case until April 24.
For more news from Thursday's court session, read Friday's edition of The Citizen.
The error occurred on on Feb. 3, 2006, when Eduardo Camacho, 24, was never placed on post-release supervision when he was released from prison for a violent robbery. According to New York State criminal law, all violent felons are supposed to be placed on post-release supervision upon the completion of incarceration.
Even though the court never placed Camacho on supervision, the state Department of Corrections attempted to put Camacho under supervision on its own. When Camacho was found to be in violation of that supervision, a parole officer was sent to arrest him. That arrest led to the discovery of a stolen credit card. During the investigation, Camacho and his fiancee both issued statements stating he had filed an application for the credit card in someone else's name and had charged more than $1,000 to the account.
Camacho, who is currently being held in the Cayuga County Jail for the ID theft charge, filed a lawsuit against the Department of Corrections, claiming it could not have him arrested for violating his post-release supervision because he was never placed on supervision. On March 22, 2007, state Supreme Court Judge Peter Feldstein said the Department of Corrections had acted outside the limits of its authority, and Camacho was ordered to be released from jail for the violation of supervision.
But he still had the ID theft charges pending.
On Thursday, Camacho said the credit card, his statements made during the investigation and any bank records should be inadmissible as evidence against him because he was improperly arrested.
District Attorney Jon Budelmann said the evidence should not be thrown out because it was collected in good faith. The parole officers were not abusing their power to collect information from Camacho and were acting within the scope of their profession and the warrant when he was arrested.
Cayuga County Judge Thomas Leone reserved his decision and adjourned the case until April 24.
For more news from Thursday's court session, read Friday's edition of The Citizen.
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pamnewyork wrote on Apr 10, 2008 4:37 PM: