Southern Maine Criminal Lawyer BlogDefense Attorney:
John Scott Webb
Offense:
Unlawful Trafficking in Scheduled Drugs (Marijuana)
Maximum Sentence:
5 Years (felony)
Issues:
Lack of Credibility of Police
Synopsis:
Police detective was off-duty and walking the property line of some land he was contemplating purchasing. This land was in the same municipality where he worked. During this walk he discovered a very large, mature marijuana grow in an adjacent swamp. He returned later with other detectives, a warden and drug agents. When they came upon the grow, an individual was spotted tending to the marijuana plants. The officers surrounded the individual who came face to face with officers, then ran across the swamp and escaped.
The officers that were not familiar with Client, viewed the client at a later date. A search warrant was executed on the Client’s home, and items similar to those found in the swamp were found on the Client’s property. The state called all of the officers in the swamp on the day in question, who testified to their observations and their relative positions to the client at the time of the incident. The officers all positively identified the Client as the individual that they tried to apprehend that day.
The defense called the client and the law enforcement officer who had taken the Client’s sneakers into custody days after the incident. The officer was asked about the sneakers and why they were not used in the final investigation. The Client denied being there that day, denied being a drug dealer and denied being the individual who created the elaborate marijuana grow and irrigation system.
The defense closed with an analysis of the quality of the state’s evidence and what they did not produce for evidence to link the Client to the crime.
Verdict:
Not Guilty.