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Cody Gregg

Other Drug Possession Exonerations with False or Misleading Forensic Evidence
On August 12, 2019, police in Oklahoma City, Oklahoma tried to stop 26-year-old Cody Gregg for riding a bicycle without a rear light. He rode off and then, after abandoning his bike, fled on foot. When he was captured, police said a test on 45 grams of white powder in his backpack was positive for cocaine.

In a probable cause affidavit, an officer said the backpack contained “a large amount of white powder substance that I believed to be cocaine based on my training and experience,” and that the powder “later tested positive for cocaine and was a total package weight of 45.91 grams of cocaine.”

On October 3, 2019, the Oklahoma City police department crime lab received a request to test the powder. The test was performed on October 8.

That same day, Gregg pled guilty in Oklahoma County District Court to possession of a controlled substance with intent to distribute. He was sentenced to 15 years in prison.

On October 9, the very next day, the crime lab reported that tests on the powder were negative for cocaine. In fact, the powder was determined to be powdered milk, which was what Gregg, who was homeless, said it was at the time of his arrest. He said he had gotten it from a food pantry.

The following day, October 10, 2019, Gregg came back to court and was allowed to withdraw his guilty plea. The motion was granted and his conviction was vacated.

On October 11, the prosecution dismissed the charge.

In February 2020, Gregg filed a lawsuit in state court against the city of Oklahoma City.

– Maurice Possley

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Posting Date: 10/18/2019
Last Updated: 11/9/2021
Most Serious Crime:Drug Possession or Sale
Additional Convictions:
Reported Crime Date:2019
Sentence:15 years
Race/Ethnicity:Native American
Age at the date of reported crime:26
Contributing Factors:False or Misleading Forensic Evidence, Inadequate Legal Defense
Did DNA evidence contribute to the exoneration?:No