By James Call
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-979870.mp3
Tallahassee, FL – A federal judge has declared Florida's drug statute unconstitutional on grounds that it does not require criminal intent be proven by prosecutors. James Call reports the ruling has defense attorneys taking a second look at many cases.
When the Legislature changed the law it shifted a burden of proof from the prosecution to the defense. Tallahassee defense attorney John Eagen said if the state does not have to prove the defendant knew about the illegal drugs in his car, apartment or book bag then the obligation is on the defendant to prove he didn't know. That Eagen said violates the presumption of innocence.
"It violates due process because as a defense attorney we're not requiring to prove anything. And therefore that is why she has ruled that statue unconstitutional."
Orlando federal judge Mary Scriven ruled Wednesday shifting the burden of proof to defendants was repugnant to common law. Eagen said he will file motions for dismissal in five cases based on Scriven's ruling.