Case Of The Hunky Cop And Gay Man
Even police detectives have to be careful what they ask for — and how they look when they're asking for it.
An appeals court says a gay man was a victim of entrapment because he didn't know an undercover detective was looking for drugs when the officer asked him if he wanted to "party."
Julio Blanco, 37, who described himself as a lonely gay man, said that he understood "party" to mean having a good time or being sexually involved.
The Fourth District Court of Appeal on Wednesday upheld Broward Circuit Judge Susan Lebow's decision that Blanco thought the officer might have been looking for a sexual relationship.
According to court records, Fort Lauderdale police Detective Mike Nahum, working with a Drug Enforcement Administration team, followed up with several requests for cocaine.
Blanco refused three times and even tried to leave, but was ultimately convinced to stay. Eventually he went to the restroom and bought some methamphetamine for the officer.
"The whole situation seemed very clear to me," Judge Lebow said during a 2002 hearing. "I mean, the detective walked in dressed in a T-shirt and jeans, and for the record he was a very attractive man and ... "
The defense attorney interrupted and asked the judge to make an official finding that Nahum was attractive, which she did.
"For the record, I would submit he was about 6 feet, 2 inches. He was in good shape, you know, a fit individual, young detective, looked to be maybe 30," Blanco's attorney, Kevin J. Kulik, said.
Nahum testified that he had done nothing to make himself appear attractive to Blanco and said he understood "party" to mean drugs.
The appeals court agreed that Blanco had been entrapped by "non-verbal communication" used by the undercover officer.