This occurred in Johnson City, Washington, USA. Basically the investigators were so sloppy, they couldn't get the details of their case right. Judge dismissed the case. Good news!
Marijuana case against Washington County man dismissed after prosecutors, investigators can't hash out details February 11th, 2015 9:13 pm by Becky Campbell
The continuation of a bench trial for Washington County man charged two years ago with possession of hash oil after he signed for a package was scheduled for Wednesday, but his attorney said sloppy investigation work led to his client being cleared.
Tony Gerald Powers Jr., 35, was facing charges of possession of schedule VI drugs for resale when his bench trial began Jan. 6. But questions came up during the proceedings that led to the case being rescheduled while prosecutors looked for Powers' cell phone. The cell phone was important because Powers said he did not receive a phone call from the post office to pick up the package.
Prosecutors said the postal investigator who discovered the drugs claimed to have called Powers about the package. Powers also said he had text messages on the phone sent to him by a friend who gave Powers the tracking number of the package. During testimony on Jan. 6, a 1st Judicial District Drug Task Force agent testified that he was notified by the post office about the package of drugs. After he opened the package and determined there were, in fact, drugs inside, he repacked it and the post office was tasked with arranging a pick up.
DTF agents staged themselves outside and arrested Powers when he tried to leave with the package, which prosecutors said contained 2,000 grams of hash oil, a high-THC content resin product of marijuana.
From that point, the DTF took over the investigation, but there was no testimony about any items seized from Powers
During the last court hearing in the case, Powers turned over his cell phone records to show he had not received a call from the post office. His defense all along was that he never ordered the hash oil and didn't know what was in the package he picked up at the post office. Powers said a friend who stayed with him had ordered something for the friend's girlfriend and had it delivered to Powers because the friend didn't have a permanent address.
Assistant District Attorney General Erin McArdle had wanted to find the cell phone -- which Powers said was taken from him by law enforcement the day he was arrested -- to determine who from the post office called Powers and if there were text messages to back up Powers' claims. As it turned out, the cell phone was not in evidence so the next move was to get the postal investigator into court.
Powers' attorney, Don Spurrell, said that didn't go anywhere either.
"The post office worker was contacted to see if he had a phone number of who he called to come and pick up the package. He hadn't kept any record of it and was actually demoted over it," Spurrell said.
"It was, without question, the most poorly investigated case I've seen in 30 years. Here you have $50,000 worth of high grade narcotics coming into Johnson City and they don't take his cell phone, they don't take his computer and they don't record the number the post office called," he said.
Criminal Court Judge Lisa Rice signed a judgment last week dismissing the case. Spurrell said it will also be expunged from Powers' record.
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