Southern Maine Criminal Lawyer BlogFEDERAL CASE
Defense Attorney:
John Scott Webb
Offense:
Count #1 – Conspiracy to Traffic in Cocaine, Five (5) year minimum mandatory sentence, Felony Charge
Count #2 – Possession with Intent to Distribute Cocaine, Felony Charge
Issues:
Lack of Credibility of Government’s Witness
Synopsis:
Client was a passenger in a car that was stopped by the police on the interstate for speeding. Driver and Client were returning to northern Maine from the Boston area. Following a discussion between the officer, the driver and the Client, the officer searched the car and found a cooler containing cocaine. A follow-up search of the car the following day revealed more cocaine under the back seat. Client was arrested and eventually searched. He had more than $500.00 cash on his person but no illegal drugs.
The driver subsequently cooperated with the government, and testified against the Client at grand jury on two occasions and testified against the Client at trial. She claimed that the Client had joined her cocaine trafficking enterprise after her boyfriend had left her and that they had made at least ten or twenty trips down to the Boston area to bring back cocaine for their customers.
Client took the stand and testified that the cocaine was not his, and that he had no idea that the driver was going to the Boston area for cocaine. He testified that he had a fight with his partner, was intoxicated, thought the driver was going to bring her new boyfriend back to Maine, and that he simply “went along for the ride”. Client also testified that he had never been involved in the driver’s cocaine business.
Theory of Case:
That the government’s witness (the driver) had made several inconsistent statements to the police, drug agents, and the grand jury. Argued that government’s witness had violated the written agreement with the government, called into question the quality and sufficiency of the government’s investigation.
Result:
Count I : Not Guilty.
Count II: Not Guilty.