Not Guilty — Possession With Intent to Distribute

A Poplar Bluff, 5 man, 7 woman jury took only 20 minutes in deliberation to find our client not guilty of Possession of Marijuana with Intent to Distribute. The case was tried in our local courthouse and featured Chief Trial Lawyer for the Prosecutor's Office, Paul Oesterreicher, Steve Walsh, defending with the case presided over by the Honorable Michael Pritchett.

The State placed into evidence two (2) bags of marijuana, a scale, aluminum foil containing hash oil and numerous photographs. The firm's client and his two witnesses testified that he did and does not sell pot. Deputy Randle Huddleston of the Butler County Sheriff's Department testified that he was given permission to enter into the client's home on Alice Street and saw—in plain view—the marijuana, scale and hash oil residue; further, that the Defendant had admitted that he sold marijuana and, in fact, had sold a ¼ pound just before the deputy's arrival. Under intense cross examination by Steve Walsh, Deputy Huddleston admitted that he did not take a camcorder, a voice recorder or even pen and paper into the home to take notes of the interview. Deputy Huddleston based his report done 7 hours after the arrest at 3:00 a.m. on his memory. The theme of the defense was found in the "Safety Rule" which was repeatedly read to the jury: "A law enforcement officer must always record his interviews with citizens to protect us all and preserve the accuracy and truthfulness of the facts."

The firm's client was charged with a Class B Felony which carries a minimum of five (5) years and a maximum of fifteen (15) years in prison; the client had been offered—in plea bargaining—a Suspended Imposition of Sentence (SIS) and supervised probation to a reduced a Class C Felony. The client rejected the offer and thus, the jury trial.

After the jury acquittal verdict Steve Walsh, speaking for the firm, stated, "It took a lot of guts for our client to turn down the offer of probation and to choose to go to trial. Obviously, he had faith in our firm. It helped that our client had a clean record, college degree and presented himself well before the jury as did his girlfriend and his former roommate. It confirms my long held belief that jury's usually do the right thing."