Video of pot bust spotlights lapses by police

It looked like an open-and-shut case. A cop pulls over a car, walks up to the driver's door, and sees a plastic baggy of marijuana. He brings in a drug-sniffing dog to prove probable cause for a search, gets a warrant, and finds a kilo of weed in the trunk.

That's what Officer Steven Lupo put in his report and testified to in Philadelphia Municipal Court.

Then defense attorney Michael Diamondstein produced the video.

Turned out reality was different.

The video taken from nearby surveillance cameras contradicted key facts in Lupo's report and sworn testimony. Most crucially, Lupo and an unidentified supervisor are seen rummaging through the trunk hours before a warrant was issued. On the witness stand just moments before the video was played, Lupo emphatically denied that had occurred.

After Lupo's testimony was compared against the video, Judge Lydia Y. Kirkland tossed out the case.

Philadelphia's internal affairs investigators are now probing Lupo's conduct, and he will no longer be used as a witness in criminal cases, law enforcement sources said.

The defendant with two pounds of illegal marijuana is free, and defense attorneys say the Lupo video shows what their clients often tell them: Police frequently fudge the facts on the stand.

"I can just tell you from my experience," said veteran defense attorney Diamondstein, "in the majority of cases, while the clients may not deny having narcotics, in the vast majority of cases the circumstances surrounding the arrest did not happen as it was described in the paperwork or in court."

The District Attorney's Office declined to comment on the case or Diamondstein's assertion.

Worries about testimony from some officers are not new. Under the former district attorney, Lynne Abraham, city prosecutors would not allow officers deemed untrustworthy to testify in court. Edward McCann, acting first assistant district attorney, declined to say whether that practice was still followed by the current district attorney, Seth Williams.

Earlier this week, a municipal court judge tossed out a drunken-driving case against a state legislator "based on credibility" issues with the testimony of city police officers.

Car stop

The Aug. 5 car stop in East Germantown initially involved only Lupo and his partner. About 30 minutes into the incident, a uniformed supervisor arrived. Lawyers involved with the case say they have not been able to identify him.