Questions surround Casto's arrest, attorney believes charge won't stick

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by KREM.com

KREM.com

Posted on March 23, 2011 at 8:35 PM

Updated Wednesday, Mar 23 at 8:37 PM

PULLMAN -- Washington State University basketball player DeAngelo Casto was cited for marijuana possession late Tuesday night, but now his attorney is asking questions about the investigation.

KREM 2 News talked with Casto’s attorney Tim Esser on Wednesday. He has issues with how police officers handled the situation, saying they obtained evidence from a residence without a search warrant or consent.

"I don't think the evidence will ever be utilized in court," Esser said. "This charge won't go anywhere once it's fully investigated."

Pullman Police told KREM 2 Sports Director Tim Lewis on Tuesday night that officers were on foot patrol in the area of Casto's residence, scouting the area because of several recent burglaries. The officers saw a screen missing from a window, so they checked it out. When they looked inside, they saw Casto allegedly rolling a marijuana cigarette at a table. The police confronted Casto, smelled marijuana, and then asked him to hand over the marijuana. Casto complied with their request. 

We asked Esser if the marijuana found was Casto’s and Esser answered that he doesn’t know. The attorney says there are multiple people who live in the residence, so it's not clear who the marijuana actually belonged to. That's why Casto pleaded not guilty to the charge on Wednesday.

Police say Casto's one-year-old son was in the residence at the time. Child Protective Services has a copy of the police report.

Despite Esser's comments, Pullman Police Chief Gary Jenkins told KREM 2 that he's looked over the report and says his officers acted appropriately.

WSU head coach Ken Bone suspended Casto on Tuesday, but athletic director Bill Moos lifted the suspension around 4pm Wednesday.

In a statement released by the school, Moos said there was new information brought to his attention about the case. 

“There are unique circumstances involving this matter and I feel the appropriate avenue to take is to allow the legal system to run its course before we consider further action," he said.

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