2 drug cases dismissed when witness vanishes
Published 9:51 am Friday, April 1, 2011
Drug sales cases against two Albert Lea residents were dismissed this week in Freeborn County District Court after the prosecution’s key witness could not be found.
Assistant Freeborn County Attorney David Walker said one count of first-degree drug sales and seven counts of third-degree drug sales have been dismissed against Tonia Marie Padilla, 38. Padilla was accused of selling cocaine to a drug task force informant on multiple occasions, totaling more than 11 grams.
Also dismissed were five separate files, each including one count of selling a simulated controlled substance, against Jorge Luis Acosta-Valdez, 45. Acosta-Valdez was accused of selling a substance simulated as cocaine on five different occasions to an informant.
Walker said the charges for both Padilla and Acosta-Valdez stemmed from controlled drug buys under the supervision of law enforcement. The cooperating witness — the task force informant who reportedly bought the drugs — has left the state and not returned. He noted law enforcement has lost contact with this person.
The cases had been scheduled for jury trials this week.
Walker said it is rare that this happens and that if the informant is found it could be possible to file the charges again, depending on whether too much time has passed since the incidents allegedly occurred. In these instances the limit is three years.
Acosta-Valdez’s sales allegedly took place in December 2008 and January 2009.
Padilla’s reportedly took place from June through August 2008.