http://www.magicvalley.com/news/localst ... ryID=14517

Judge throws out charges against Santos ... Key figure in the Sarah Johnson murder case could still face deportation
Originally published Wednesday, March 16, 2005
By Patti Murphy
Times-News correspondent

HAILEY -- Drug charges against the former boyfriend of Sarah Johnson have been dismissed following a judge's ruling that the officers who searched him did so illegally.

Bruno Santos, an undocumented Mexican immigrant, was arrested on Oct. 30, 2004, when the blue truck he was riding in as a passenger was stopped and searched. Officers found methamphetamine in an empty cigarette package along with about $1,500 in Santos' wallet, according to court documents.

Fifth District Judge Robert Elgee ruled to suppress the evidence, finding the seizure to be unreasonable and his detention extensive, Santos' attorney Doug Werth told the Wood River Journal.

"We're obviously pleased with the decision," Werth said. "We felt strongly that the actions of the Bellevue police crossed the line."

Santos has been a key figure in Johnson's double-murder trial. Prosecutors contend she was motivated to kill her parents because they disapproved of her relationship with him. Three days before Alan and Diane Johnson were murdered, they caught their then-16-year-old daughter at Santos' apartment, grounded her and threatened to report Santos for statutory rape. Sarah Johnson had told friend her and Santos, who was 19 at the time, were engaged to be married.

Santos' relationship with Sarah and his ties to the murder case brought his illegal status to the attention of authorities, who deported him to Mexico in September 2003. He was brought back the next month to testify in the grand jury proceedings against Johnson and given a temporary work permit.

Then, a year later in October 2004, he was arrested for drug possession when his friend's vehicle was pulled over because of a problem with its tail light.

According to court documents, while the vehicle was pulled over, an officer outside of his jurisdiction who assisted in the traffic stop asked Santos for his identification, took his wallet away, and then conducted a search of the truck, during which time he found methamphetamine.

While Santos was in jail in connection with the drug charges, 5th District Court Judge Barry Wood, who is presiding over the Johnson case, placed him under a $150,000 witness bond to ensure that he would not be released from jail or deported before the murder trial ended.

Santos' questionable background has been brought out by several witnesses in the murder trial, although much of it was determined to be inadmissible by Judge Wood.

Ron Martinez, a vice principal at Wood River High School, testified outside the presence of the jury that Santos admitted his gang affiliation with a group called the "Southside 13," which consists of Latino youth living in Blaine County.

Another vice principal, John Blackman, said Santos was habitually truant and tardy, and he was suspended in spring 2001 for a fight in the lunchroom and for drug use.

He said that he called Santos in to take a drug test for marijuana because he had suspicions that he might be high. Santos denied smoking pot and agreed to the test, but when it came back positive for cocaine, Blackman said Santos told him, "I didn't know you were testing for cocaine."

Wood ruled the drug test was irrelevant to the murder trial, but allowed the statement about Santos' gang affiliation to be made to the jury.

Johnson's defense attorneys have inferred that Santos could have been the murderer of Alan and Diane Johnson. During closing arguments, attorney Bob Pangburn even suggested one of Santos' "gang buddies" could have pulled the trigger.

But despite their finger pointing, Johnson's defense team chose not to cross examine Santos or members of his family when they were on the witness stand.

Werth said Santos was pleased that the drug charges are being dropped, but he remains in custody at the Blaine County Jail on an immigration hold.

Werth said he believes Santos has fulfilled the requirements related to the Johnson trial, so a motion to quash the witness bond was filed last week with Judge Wood.