Willie Logan charges gutted
     by David Green, Miami Herald
 
 A Miami-Dade County police officer had no right to peer through a peephole
at former state Rep. Willie Logan as he allegedly sat  masturbating inside a
Haulover Park bathroom stall last March, a judge ruled Monday.

 The ruling effectively gutted the state's case against Logan. All evidence against
the former lawmaker will now be barred from his September trial.

 "We're delighted that this . . . is behind us,'' an ecstatic Logan said in the hallway afterward,
 embracing his wife and receiving hugs and high-fives from supporters. ``We think the Fourth
 Amendment to the Constitution is important to the United States of America.''

 That amendment -- which protects against unreasonable searches and seizures -- was at the
 heart of Logan's defense.  His attorney had asked Miami-Dade Circuit Judge Manuel Crespo
to hold a hearing Monday to determine whether police violated Logan's right to privacy by
watching him while he was inside the stall.

"When he went into that bathroom, he had an expectation of privacy,'' attorney Larry Handfield told
the court during the hearing. ``How do we know that? Because he went into the stall that had a door.''

 Prosecutors are not sure whether they will appeal Crespo's ruling. But if the ruling stands, it could set
the stage for the state to drop some or all of the charges against Logan -- indecent exposure, battery
on a police officer, resisting arrest, loitering and drug possession.

It was the testimony of Miami-Dade officer Alex Eugene that prompted Crespo to rule in Logan's favor.
 An undercover officer with four years of experience on the force at the time he arrested Logan,
Eugene described for the court the sting he conducted inside the bathroom March 24.

 OFFICER'S ACCOUNT

When he first walked into the bathroom, he heard what sounded like Logan masturbating inside the stall, Eugene testified.
Then he spotted Logan through the partly opened door and confirmed the former lawmaker was pleasuring himself.

Finally, he walked into an adjacent stall and saw through a baseball-size peephole that Logan was still masturbating,
he said. Logan, the officer testified, was now staring at him in return. The fact that Logan did not object to being
observed, prosecutors have argued, showed he forfeited his right to privacy.

But on cross-examination, attorney Handfield showed inconsistencies in Eugene's account.
The main alleged contradiction: Eugene testified Monday that while standing at the sink, he could plainly see through
the open door that Logan was masturbating inside the stall -- which gave him legal grounds to make an arrest.

EARLIER VERSION

But in his original arrest report Eugene made no mention of standing at the sink and seeing into the stall.
That inconsistency raised enough doubt for Crespo to discount that portion of Eugene's testimony.
Without it, Crespo ruled, Eugene's knowledge that Logan was masturbating came from his peering through
the peephole -- which was a violation of Logan's right to privacy.

That rendered all evidence against him void, Crespo ruled.

"This court is perturbed, and concerned, with the inconsistencies of Officer Eugene,'' Crespo told the court as he
 stood up to deliver his ruling. ``He's a young officer. Sometimes young officers are zealous in their work.''

 In the meantime, prosecutors plan to review Crespo's ruling.
 They will then decide whether to appeal or drop charges.

"We stand by the police officer's testimony,'' prosecutor William Altfield said.
"We will evaluate our options and proceed accordingly.''
 
 
 

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