A week ago, 7News told you about police's recovery of the 2009 Toyota Hilux which was stolen from the Central Health Region. They also wrapped it up with the arrest Police Constable Marvin Wade, his brother Jason Wade, and their friend Kerwin Godoy, who police say were all trying to sell the vehicle.
Today, the Wade brothers and Godoy were brought back to court for Senior Magistrate Sharon Frazer to consider if they should be granted bail, after they spent a week on remand while police prepared their disclosure.
Viewers may recall that their attorney, Brian Neal, submitted to the court that the pursuing of this matter by the police was frivolous. He based this conclusion on the fact that at the time, police did not provide any evidence that linked his clients to vehicle, apart from a verbal affirmation that they were caught as the result of a sting operation.
Well, that disclosure was also handed over today, and attorney Arthur Saldivar, who joined Neal in representing the men, submitted to Senior Magistrate Frazer that the evidence furnished was not overwhelming enough to further deny bail.
The prosecutor did not offer any further objections, and as a result, Senior Magistrate Frazer granted bail of $20,000 to all 3 men.
We spoke to Neal this evening and we asked about that disclosure.
Here's what he had to say about its inability to link his clients to this vehicle:
Brian Neal, attorney
"The evidence from my opinion from a legal standpoint is very weak. If you recall last week I made submissions that there is no evidence that my clients were in fact involve with this car - that they had driven this car or that they allowed themselves to be driven in this car."
"The magistrate gave one week for the prosecution to bring evidence because she didn't buy my story or she didn't want to make a decision based on one side of a story. They have provided some sort of disclosure in my opinion does not disclose any evidence of the charges against my client that they are the persons who in fact stole this vehicle or handle this vehicle."
Daniel Ortiz
"Sir, but haven't two of the officers given evidence saying that your clients were caught in a sting operation in which they were trying to escape?"
Brian Neal, attorney
"Yes but there is no evidence. There was some text message or some communication; there is no nexus between my clients and this vehicle. In fact if there ever were a story where you are in the wrong place at the wrong time then this is that story because they were at a Chinese grocery store shopping and the sting operation it appears was conducted in the same area that the vehicle was in. They were just in the wrong place at the wrong time. Never did any of my clients touch this vehicle, drive this vehicle or make any arrangements to deal with this vehicle at all."
"None of them as you know is a police officer and we don't want special privileges but at least some respect for the people who serve in uniforms. He was railroaded and not given an opportunity to really defend himself, so we will hope that we get that opportunity in court and that he will be vindicated in the trial and once that is concluded we will look at all the legal options to bring an action against the government."
Later this evening, all 3 men were able to meet bail.
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