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May 13, 2008 10:39 pm US/Central
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DuPage Co. Top Prosecutor's Son Gets Drug Charges
NAPERVILLE, Ill. (CBS) ―
The son of DuPage County's top prosecutor and two other men have been arrested for allegedly possessing marijuana and a smoking pipe over the weekend in Naperville.
Nicholas T. Birkett, 21, the son of DuPage County State's Attorney Joe Birkett, has been cited under city of Naperville ordinances for possession of drug paraphernalia and less than 30 grams of cannabis, according to Naperville police records.
CBS 2's Dana Kozlov reports Nick Birkett was released on bond.
Joe Birkett said Tuesday night that his son was not in possession of anything illegal.
Nick Birkett was at a friend's apartment in the 700 block of Royal Saint George Drive Sunday night with 29-year-old Michael Busse and 21-year-old Kenneth Grant when police came to the door checking on a complaint about the smell of pot.
They traced the scent to Busse's apartment and knocked on the front door, records showed.
A man answered through the closed door and the officers identified themselves, asking that the door be opened, records indicated. The officers at that point could hear people speaking in low voices inside the apartment.
Busse then opened the door, identifying himself as the tenant and claiming to be the only one present at the time, according to records. The officers, however, could hear voices coming from the rear of the apartment, where they found Birkett and Grant seated on the balcony, records showed.
Grant and Birkett said they were smoking cigarettes there because cigarette smoking was not allowed inside the apartment, records indicated.
Police then found "a one-hitter pipe lying on the coffee table in plain view" in the living room, according to records. They also discovered a small clear-plastic bag containing a leafy green substance on the living room floor, a substance that later proved to be four grams of marijuana, records showed.
All three men denied ownership of the illegal items, and all three were arrested. While Nick Birkett faces a city ordinance charge, Busse and Grant face state charges.
Nick Birkett is one of Joe Birkett's two children.
The DuPage County state's attorney since 1996, Joe Birkett has been a vigilant prosecutor of drug crimes. Just last month, he announced a major drug sting that netted 24 arrests.
Joe Birkett told CBS 2 the pot and pipe were "not in my son's possession." He also said his family is the most important thing to him, but added they have to be aware they cannot be involved in any activity which could lead to an arrest.
"We'll handle this as a family," he said. "I love my son deeply."
Joe Birkett also said he would not be the one to prosecute his son or his son's friends.
Nick Birkett has no prior arrest record. Grant has a minor police record. But Busse was charged with felony drug possession in 2007 and that case is still pending.
CBS 2's Dana Kozlov and the Naperville Sun contributed to this report.
(CBS 2, the Naperville Sun and the Aurora Beacon-News are news partners covering stories in the western suburbs. Send story tips to tips@cbs2chicago.com. (© MMVII, CBS Broadcasting, Inc. All Rights Reserved.)
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