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Holmes in the clear after marijuana charges dropped
Thursday, June 11, 2009

The district attorney's office has dropped marijuana possession charges against Steelers receiver Santonio Holmes, saying that the Oct. 23 traffic stop wouldn't have held up in court.

Mr. Holmes' attorney, Robert Del Greco, filed a motion last week saying the stop of Mr. Holmes' Range Rover near Mellon Arena violated the Fourth Amendment of the U.S. Constitution as an illegal search.

Pittsburgh police Lt. Kevin Kraus received an anonymous tip that a late-model SUV with out-of-state license plates was carrying a large amount of drugs through the Hill District. He passed the tip along to supervisors at the Zone 2 police station. Two officers then pulled over Mr. Holmes, who has Florida license plates.

They spotted three marijuana-filled cigars, or blunts, in the car, and Mr. Holmes told the officers that he had smoked marijuana in the car the previous day.

Mr. Del Greco's brief said the search was illegal because the tip was not specific or reliable enough.

Assistant District Attorney Rachel Newman said she agreed, so she dropped the charges.

"After reviewing case law and considering the lack of specificity and suspicion, the commonwealth determined it would be unable to sustain its burden [of proof]," Ms. Newman said.

At a hearing yesterday, Common Pleas Judge Lester G. Nauhaus indicated that he would have thrown out the search anyway.

Wearing a black suit and black undershirt at the hearing, Mr. Holmes only had to affirm the oath at the beginning of the proceeding, and Mr. Del Greco only said he would not object to the charges being dropped.

Speaking to reporters after the hearing, Mr. Del Greco said he was prepared to argue the motion, but had known from prior discussions with Ms. Newman that she would drop the charges.

Mr. Holmes was suspended for a game after his arrest, but rebounded to earn Super Bowl MVP honors after his winning touchdown catch. He made additional waves during the week leading up to the Super Bowl by talking candidly about selling drugs during his youth.

Yesterday, though, he was reticent.

When a reporter asked if Mr. Holmes had anything to say, he looked to his attorney.

"You can say you're happy," Mr. Del Greco said.

"I'm all right," Mr. Holmes said.

Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on June 11, 2009 at 12:00 am