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[ Wednesday, Feb. 25, 2004 ]

Judge hears pretrial testimony in DUI case

Collegian Staff Writer

A judge heard testimony and arguments from attorneys yesterday during a pretrial hearing in Penn State football player Tony Johnson's driving under the influence case.

Johnson's attorneys filed two motions to suppress and one motion to "quash" the case several weeks ago. Judge Thomas Kistler heard testimony and arguments about the first motion at Centre County Courthouse in Bellefonte yesterday. Kistler said he would not make a ruling on the motion until mid-next week.

The motion to suppress heard yesterday says that the officer who pulled Johnson over did not have reasonable suspicion to believe Johnson was involved in criminal activity when he was pulled over, and that the officer did not have probable cause to believe Johnson committed a traffic violation.

Centre County Assistant District Attorney Nathan Boob called University Police Officer Brian Rose to the stand. Rose testified about the night of Oct. 17, when Johnson was pulled over on Park Avenue at about 3 a.m. in his black Mercedes-Benz.

Rose said he observed Johnson traveling about 30 mph along Bigler Road, which has a 15-mph speed limit. Rose said he observed the driver's side wheels of Johnson's vehicle cross over the double yellow line two times while he was driving on Park Avenue.

On cross examination and in oral arguments, Johnson's attorney, Anthony De Boef, said Rose was unable to pace Johnson's vehicle for three-tenths of a mile, as is required in the state for an officer to pull over a vehicle.

Boob said it was not the speeding alone that led Rose to pull Johnson over. He said the speeding and the two times Johnson crossed the double line made Rose's stop reasonable.

"We have to look at the totality of the circumstances," Boob said. "There was clearly a reason for the officer to investigate the situation further."

Also at the hearing, De Boef withdrew a second motion to suppress the charges. This motion said that Johnson's Miranda rights had been violated.

De Boef also asked the judge for more time to submit a reply to Boob's brief regarding the motion to quash Johnson's case. Kistler gave De Boef until Monday to submit it.

Kistler said he would probably rule on the motion to quash at the same time he rules on the motion to suppress.

 



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