Case Involving Criminal Defendant's Word Against Police Officer's
In People v. Agee, 307 Ill. App. 3d 902, 904, 719 N.E.2d 251, 241 Ill. Dec. 390 (1999), the arresting officer testified that he saw the defendant perform a "'hand to hand transaction'" with another individual in an area known for drug activity. Agee, 307 Ill. App. 3d at 903.
When the officer approached the defendant, the defendant threw something in nearby bushes. Agee, 307 Ill. App. 3d at 903.
The officer searched the bushes and found a gun. Agee, 307 Ill. App. 3d at 903.
The defendant, however, testified that he was merely walking home when he stopped to talk to a neighbor. Agee, 307 Ill. App. 3d at 903.
The defendant denied any knowledge of the gun found in the bushes and alleged that he was being framed by the officer. Agee, 307 Ill. App. 3d at 903-04, 905.
On appeal, the defendant's weapons conviction was reversed because of the evidence of drug activity in the area.
In Agee, the reviewing court noted that the outcome depended on whether the jury found the officer or the defendant more credible. Agee, 307 Ill. App. 3d at 906.
Thus, the inference that the defendant was involved in drug trafficking at the time of his arrest could have affected the weight the jury attributed to his testimony. Agee, 307 Ill. App. 3d at 906.