Man, Recently Deceased, Gets Conviction Overturned

By Brian Cole

Published on October 05, 2006

On June 25, 2004, Starling was arrested for drug possession while sitting in a parked car in front of a concert venue in East Troy, Wisconsin. He had been approached by an undercover officer and tried to conceal heroin in a Kleenex.

Starling later pleaded guilty and was sentenced to six years of probation. He later appealed the conviction, however, and entered a drug treatment center in Chicago. After leaving the center, Starling died of an overdose in February 2006.

Starling’s attorney, Aaron Resar, said the appeal continued despite his client’s death because of the possibility of a favorable ruling that would set a precedent and be used for other defendants. However, Walworth County Assistant District Attorney Steve Madison said that would likely not happen, as the case will not be recommended for publication and therefore can’t be used for precedent.

Starling’s name was cleared on Sept. 27 in a 2-1 vote in the District 2 Court of Appeals. The court held that the Department of Justice undercover agent did not have probable cause to arrest Starling simply because he suspiciously hid what was in a Kleenex.

The state attorney general’s office will decide whether to further appeal the overturned conviction. However, with Starling’s death, an appeal seems unlikely, said Madison.

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