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Teacher's day in court nears Appeals court hears Debi Blair case By CHRIS BRISTOL SALEM -- The Oregon Court of Appeals is expected to hear oral arguments today in the long-suspended drug case against Ashland school teacher Debi Blair. The popular Briscoe Elementary third-grade teacher was indicted in October 1997 on felony drug-trafficking charges after police raided her Nevada Street home and seized a methamphetamine lab from an outbuilding on the property. Her estranged husband, David Coleman, and five others were also indicted. But a Jackson County judge tossed out the evidence, ruling that police had an "inadequate" search warrant. Prosecutors appealed, saying they have no case without it. All of which happened more than 18 months ago. Blair, 47, continues to teach, but her fate remains in limbo. "This case is about as old as they come," observed Tim Sylwester, an appellate attorney with the state Department of Justice. "We file. They file. Everybody files some more. That's the appellate process." At issue is the admissibility of evidence that police seized from the trunk of Coleman's car, at the scene of a drug raid in Medford. Police said Coleman was at a site where meth production had been reported; his clothing appeared to have chemical burns consistent with the production of meth; and officers found traces of meth in containers near Coleman's car. But Judge Patricia Crain said police did not have probable cause to search Coleman's car, and she threw out the evidence seized from it, including meth-making chemicals and receipts for the chemicals signed by Coleman. As a result, she also tossed the evidence seized from the home Blair and Coleman shared on Nevada Street. Police had obtained a warrant to search the home based on the evidence from Coleman's car. After Crain's ruling, the Oregon Supreme Court struck down a 1996 ballot measure that broadened legal grounds for searches and seizures. The court ruled that Measure 40 dealt with more than one subject, making it a revision of the state constitution rather than an amendment. Sylwester, who is handling the state's appeal on behalf of Jackson County District Attorney Mark Huddleston, said there is no timetable for a ruling from the Court of Appeals. "The court can decide it the next day or take two or three years," he said. "There's no way of telling. Regardless of which way the court rules, both sides can then appeal to the Supreme Court. In that event, it could take months or longer before the high court decides to take the case or not. "This case could be up here (Salem) for years and years," Sylwester said. Huddleston said the Blair case has dragged on for so long in part because the Court of Appeals has no choice but to review all appeals. The Supreme Court can pick and choose -- except for certain appeals, such as death penalty cases. "Unfortunately, if they're not the busiest appellate court in the country, they're one of the busiest," he said. Without the evidence, Huddleston said, the state would have to drop the charges. "All the evidence was seized pursuant to the warrant," he explained. Blair's appeal attorney could not be reached for comment. Ashland school officials initially assigned Blair outside the classroom, then reinstated her last year after the evidence was suppressed. Superintendent John Daggett said the principal of Briscoe Elementary was so confident of Blair's teaching ability that he placed his own child in her classroom last year. "Our attorney reviewed the district attorney's evidence and felt the proper placement for this teacher was in the classroom," Daggett said. "The only thing that would change that would be some sort of court ruling to the contrary." Mail Tribune reporter Dani Dodge contributed to this report. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA