CROWN POINT | Defense attorney Arlington Foley suggested Wednesday that his client, Randall Todd Martin, avoid chicken for Thanksgiving dinner.
Lake Criminal Court Judge Thomas Stefaniak Jr. granted a motion by the Lake County prosecutor's office Wednesday to dismiss charges alleging Martin staged and promoted cockfighting at his Calumet Township home.
"It's a good holiday gift," Foley said. "I told them, 'You probably don't want to have chicken for Thanksgiving.'"
Lake County police raided Martin and his wife's home in January 2007, confiscating more than 70 chickens, bird supplements and suspected cockfighting paraphernalia, Lake Criminal Court records state.
Police said they had watched the couple's Calumet Township home for months -- including taking aerial photographs of the 2-acre property.
After executing a search warrant of the home, investigators said they discovered stylized knives that are attached to birds' legs during fighting as well as cockfighting DVDs, magazines and a colorful cap embroidered with chickens and the phrase, "Cock Fight."
Officers also took diaries belonging to Martin's wife, who made at least 50 entries about chickens, court records allege.
"Nick/Todd getting birds ready in basement for derby," one entry stated.
Foley said he and co-counsel Steve Mullins filed a motion to suppress evidence obtained by the search warrant. They argued there wasn't enough evidence in the probable cause affidavit to support the warrant and that the information was stale.
A confidential informant, who told police about attending cockfighting derbies on the Martins' property, gave information to the police that was several weeks old, Foley said. That's what led to the surveillance and subsequent raid, court records state.
Foley said the information was four to six weeks old before the warrant was executed.
Stefaniak's granting of the motion to suppress left the prosecutor's office "without admissible and credible evidence" to move forward with the case, according to the state's motion to dismiss.
