Drug Case Dismissed After Prosecutor Admits Evidence Lost

By Brian Cole

Published on January 26, 2007

Anthony Best, 43, was incarcerated for four months before posting the $15,000 bail that he was freed on at the time his case was dismissed. Best had previously declined a plea bargain, deciding instead to go to trial so he and his lawyer could present their defense.

Police claim they confiscated 85 baggies of crack from Best when they arrested him June 9. However, because the prosecutor had no evidence to present at trial, Schenectady County Judge Karen Drago dismissed the case. Best’s plea bargain would have sent him to jail for 3 years.

The drugs had also not yet been tested at the State Police Crime Lab.

The Schenectady Police are conducting an investigation into the missing drugs and are not commenting about whether the drugs were stolen or simply misplaced.

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