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NewsJune 26, 2004

Paul Tipler's attorney has 25 days from June 23 to decide whether to appeal the forgery conviction by a St. Louis County jury. Tipler was cleared this week of seven other felony charges -- another forgery charge, theft, two counts of tampering with physical evidence, distribution of a controlled substance, and two counts of patronizing prostitution -- and a misdemeanor charge of possession of a defaced firearm...

Paul Tipler's attorney has 25 days from June 23 to decide whether to appeal the forgery conviction by a St. Louis County jury.

Tipler was cleared this week of seven other felony charges -- another forgery charge, theft, two counts of tampering with physical evidence, distribution of a controlled substance, and two counts of patronizing prostitution -- and a misdemeanor charge of possession of a defaced firearm.

If the conviction stands, Tipler faces a maximum sentence of seven years in prison.

"We are reviewing evidence and the whole situation to see if there is any type of appeal available," said Tipler's attorney, Steve Wilson of Cape Girardeau. "We are looking to see if there was any error in the trial which we can pursue. We're not certain there's enough evidence to support a conviction."

Wilson said he will be looking to see if there is enough evidence to ask Judge John Heisserer to either set aside the conviction or order a new trial on the forgery charge.

If a new trial is granted, it would be in front of another jury, Wilson said. The jury that convicted Tipler was brought in from St. Louis County because Wilson wanted his client, who is black, to have a better chance of having more black jurors than could be found locally. Five of the jury members were black.

Wilson said he was unsure if another jury would have to be imported if Tipler is given a new trial.

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"I assume we would," Wilson said. "I would assume we would have to bring in a jury from the same county that heard the case the last time. It's totally up to the judge to decide on the county the jurors are drawn from."

Wilson said it was the first case he tried with an imported jury.

Tipler worked nine and a half years as a detective with the Cape Girardeau Police Department. He was fired in December 2003 following an internal investigation by the Cape Girardeau Police Department and a criminal investigation by the Missouri State Highway Patrol.

Since being fired Tipler has supported himself working construction. Wilson said his client has no intention of going back into law enforcement. Tipler testified at trial that he was often reprimanded for sloppy work and was somewhat unconventional in his approach to his job.

"Paul's not a bad guy," Wilson said. "He's just bad with paperwork."

lredeffer@semissourian.com

335-6611, extension 160

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