E.C. cop to be released from jail

Patrolman charged with attempted cocaine buy

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CHICAGO | If all goes as planned, veteran East Chicago cop Xavier Herrera will be out of jail on bond in time for the weekend.

Herrera, 47, is expected to post the equity in his East Chicago home as bail and be released from his Chicago holding cell by Friday afternoon. He was arrested July 3 on narcotics trafficking charges.

Assistant U.S. Attorney Ben Langner said during Herrera's detention hearing Wednesday in Chicago federal court that he intends to reach an agreement with the defense to allow Herrera's release from the Metropolitan Correctional Center.

"I believe (prosecutors) believe he has minimal involvement, if any, otherwise they would have asked for full detention," said Herrera's defense attorney, Frank Cece Jr. The other two Chicago men arrested in the bust did not contest the government's request for them to remain in jail until the outcome of the trial.

Herrera is charged with conspiring to purchase 3 kilograms of cocaine for more than $60,000 in cash from an informant cooperating with the U.S. Drug Enforcement Administration.

"He has absolutely no criminal background," Cece said. "He's not a flight risk. He's got 18 years (on the force)."

Affidavits filed in the case allege an informant told the DEA he had in the past delivered 20 kilograms of cocaine from Mexico to Herrera at his home. That source has since gone missing.

Much of the evidence in the case appears to be based on numerous recorded phone calls and hidden video footage of the East Chicago patrolman in which the government alleges the officer speaks about buying drugs from a second DEA informant.

Prosecutors allege Herrera also signed a statement confirming his involvement in an attempt to buy 3 kilograms of cocaine from the informant July 3.

Cece said he has not decided whether to try to get the statement invalidated.

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