Judge tosses statements to police in Lansing cocaine case

LANSING — Police may have threatened to call child protective services if a Lansing woman didn’t answer questions without her attorney present shortly after a drug raid in July in Lansing’s north side, according to court records.

Victoria Roe, 25, was at home with her 14-month-old child when police, acting on a search warrant, made a forced entry. Police found about 1,444 grams of cocaine, $6,960, four handguns and scales that tested positive for cocaine residue during the raid, according to testimony. The street value of 1,400 grams of cocaine is between $140,000 and $210,000. The price varies on the quantity sold.

Roe’s remarks to police cannot be used in her prosecution, 54A District Court Judge Hugh Clarke ruled Thursday. But he also ordered her and her co-defendant, Donald Hicks Jr., bound over to trial in Ingham County Circuit Court on drug and weapons charges and denied a defense motion to suppress evidence found during the search.

Ingham County Prosecuting Attorney Stuart Dunnings III said he will review the decision with his staff and make a decision on a potential appeal.

Stuart Shafer, Roe’s attorney, declined to comment.

Chris Kokkinakos, Hicks’ attorney, didn’t return a message seeking comment.

Lansing Police Chief Mike Yankowski declined to comment, citing the open case.

Two controlled drug buys by a confidential informant — for $600 and $650 worth of cocaine — led to the search warrant, according to testimony. There was also police surveillance of the home, officers testified.

Defense attorneys challenged both of those during the preliminary hearing, revealing that police didn’t keep surveillance logs and that the confidential informant, whose identify wasn’t revealed, was facing unrelated charges.

A single drug bust finding nearly 1,500 grams of cocaine is uncommon in Lansing, Capt. Daryl Green told the State Journal in August during an interview.

Police were wearing masks and carried “big” guns when they raided the home, Roe told Clarke during her testimony on the final day of a preliminary hearing last month.

She was handcuffed and taken to the home’s downstairs bathroom where she was questioned several times, with the last being recorded, according to court records.

Roe testified that she asked police if she needed an attorney and was told “if that’s the way you want to play it we can call” Child Protective Services, according to Clarke’s order. Those comments weren’t made during the recorded interview.

The police officer testified on an earlier day of the preliminary hearing that he never made the comments.

But in his order, Clarke wrote that Roe’s answers were “rapid, straightforward and did not appear to be guessing,” and that she didn’t argue with the assistant prosecutor attorney during cross examination.

“The court believes the statements made to the officer by this defendant were not voluntary and were made under a fair and legitimate threat that they would call CPS and that her child would be taken from her,” Clarke wrote. He added that he believed what Roe told the police was true.

The Lansing Police Department has a standard form that allows a defendant to waive their rights, which was signed by Hicks, but wasn’t used for Roe’s interviews, Clarke wrote.

Roe and Hicks are charged with delivering/manufacturing more than 1,000 grams of cocaine, maintaining a drug house and felony firearm. They face up to life in prison if convicted.

They live in the same house in north Lansing, according to court records.

The preliminary hearing, which was to determine if there was enough evidence for them to stand trial, spanned several days in August and included briefs and supplemental briefs from the attorneys.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.