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上傳時間: 2010-02-01      瀏覽次數:2423次
Search warrant in spa case disputed

Jan.30, 2010, Source: Herald-Citizen

 

Two women charged with prostitution during a police raid of a Cookeville massage parlor last year are now claiming that evidence seized in the case against them was the result of an illegal and improper search warrant. Lawyers for Mee Chung Sung, 49, Suwanee, Ga., and Miae Lim, 44, Flushing, N.Y., filed a motion in Putnam County General Sessions Court earlier this month asking to suppress all evidence seized in the September raid of the MVP/Rainbow Therapy Spa on Interstate Drive. A hearing in front of Judge John Hudson has been set for March 31.

 

In the motion, Shawn Fry, who is representing Lim in the case, and Wesley Thomas Bray, representing Sung, are pushing two main points -- one, that the confidential source, referred to as "Vallejo" in the search warrant affidavit, did not have a proven basis of credibility, and, two, that money laundering activities allegedly occurring along with the prostitution are without fact. Vallejo, the affidavit says, has been a confidential source for the Metropolitan Nashville Police Department for approximately two years, and during that time had provided detectives with information that led to seizure of evidence, arrests and convictions for prostitution and money laundering. Vallejo, according to the affidavit, entered the business on Sept. 8, "made contact with an Asian female" and was able to negotiate a price for a massage. After he was showered by the female, he negotiated another price "for everything," about $120. Cookeville officers then placed a call to Vallejo's cell phone after the female subject left the room, and when she returned, Vallejo told her he had an emergency and left. Vallejo said she could keep the money but that he would return.

 

"I don't condone what she (my client) did, but I certainly don't condone how they set her up, either. To some extent, I think it's an improper search warrant," Fry said. "Just saying that this guy's a creditable source for Nashville -- there's no facts, it's only one sentence. And the same thing on the money laundering, they make an allegation that there's prostitution going on and anyone involved in prostitution must be involved in money laundering. There's not one fact whatsoever." In the motion, Fry also claims several other points, including that officers did not comply with the "knock and announce rule" and forced access through two entrances. Lawyers also say there was a gap between obtaining the search warrant and its execution, therefore "there are no facts to indicate that any criminal activity was of a continuous nature or whether it was an isolated event."

 

The warrant was based on events that occurred on Sept. 8 and was applied for six days later, on Sept. 14, and executed Sept. 16.  The raid was carried out by Cookeville Police after an extensive investigation, and officers at the time said they were looking at the entire spectrum of the business -- including its finances, ownership and licensing. The spa has since opened again for business, and there reportedly will be hearing with the state health department in February for a permanent license. When contacted, Capt. Nathan Honeycutt offered no comment on the motion. Sung was charged with one count of prostitution following the Sept. 16 sting, while Lim was charged with two counts of prostitution and one count of promoting prostitution in the case. Fry said his client has since returned to New York.

 

Four men were also issued citations that day for patronizing prostitution, and officers allege they either negotiated a sex act or solicited oral sex in exchange for money. One of those men, Jason Lee Rose, 30, Williamsburg, Kan., received pre-trial diversion in his case, according to court documents filed in Putnam County earlier this month.  He will be on probation for a period of six months, for which one of the conditions bars him from participating in "any activities, conduct or associations" that are "similar to the conduct upon which the current charges are based."  Others issued citations included Timothy Dewayne Hagnes, 34, Marfreesboro, N.C.; Edward Joseph Prentice, 36, Umalilla, Fla.; and Trent David Henly, 21, Cookeville.