Former Gary cop blames medical problems; wants trial delayed
By Teresa Auch Schultz firstname.lastname@example.org February 12, 2013 3:36PM
Updated: March 14, 2013 6:33AM
A federal judge wants a former Gary police officer to prove his medical problems will keep him from taking part in his criminal trial, after government attorneys noted videos clearly show him giving a gun to a felon.
The only thing under dispute, according to the government’s objection to a trial delay, is whether David Finley Jr. knew the man, who was his informant, was a felon.
Finley, who is charged with one count each of lying in the purchase of a gun, selling a gun to a felon and dealing marijuana, asked U.S. District Judge Philip Simon to delay his trial set for Feb. 26. Finley’s attorney, John Cantrell, said in the request that Finley had to go to the hospital on Feb. 1 and that “doctors weren’t sure” if Finley suffered a stroke.
This is Finley’s third request to delay his trial.
Assistant U.S. Attorney Gary Bell said in the government’s response that Finley has no evidence his trip to the hospital would hinder him from taking part in the trial. Bell also noted that the case has gotten easier, instead of more complex, as the government has dropped several drug charges.
Of the charges remaining, the government has video not only of Finley buying the gun but also has video of him giving the gun to the felon a few minutes later.
“In fact, as discussed between the parties, the gun sale will simply revolve around the defendant’s mental state,” the response says.
A video also captured him giving marijuana that same day to a government witness.
Simon has ordered Finley to show evidence of his medical problems by Thursday.