There was a problem locating the requested document.
Page 1 IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
)
NO. HCR 92-113
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a J~mes
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
·, · ·,"
W
~.'....
,.
,
,
'.'.
J '
.
)
)
)
)
).
)
94-3307
Trial in the above entitled cause was resumed before
the HONORABLE RUDY LOZANO, Judge of said Court, and a ju£y, at
the Federal Building, 507 State Street, Hammond, Indiana, on the
16th day of March, 1993, commencing at the hour of 8:25 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 7
DANIEL J. ·SULLIV:AN
OFFICIAL COURT REPORTER - U. S. DISTRICT ~OURT
507 STATE STREET, HAMMOND, INDIANA 46320Page 2 •
".
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
Valparaiso, Indiana 46383,
on behalf of defendant James
Davis~
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET~ . HAMMOND, INDIANA 46320Page 3 1009
•
2
3
•
THE COURT:
Good morning, counsel.
What I'm proposing
4
to do this morning is allow the jury to view the evidence
5
that is here.
6
in the audience, I don't know if the Marshals have any
7
objection, what I was going to suggest is that the
8
defendants be allowed to be in the first row where Mr.
9
Yates is at -- I was going to say Mr. Bruce -- Mr. Y'at'es is
During this period of time there is nobody
10
at, and have the counsel back on that front row and allow
11
the jurors if they want to, they can look at it.
12
I don't know whether to leave the chairs around there
13
or not, they may want to sit down and look at it.
14
allow them to walk around.
15
MR.
16
MR. JACKSON:
17
THE COURT:
18
19
•
(Court opened at 8:25 a.m. without the jury
present in open court.)
1
McG~TH:
I'll
Is that agreeable to everybody?
Yes, Your Honor.
Yes.
If they want to pick something up, they
can stop as long as they want.
And then after that, have them go up, we'll do the
20
instruction conference, and I can either give you a ruling
21
then in the longer dialogue as to the motions for judgment
22
of acquittal, or if you want to by stipulation I'll do it
23
during the time that the jury is deliberating.
24
25
I've already told you what my rulirigs are; I'm denying
the motion for judgment of acquittal in all respect withPage 4 1010
•
1
2
taking under advisement and I'm asking counsel to give me a
3
brief and some excerpts of testimony to support their
4
positions.
5
•
MR. TRUITT:
Your Honor,
I
have no objection to the
6
Court reading into the record and informing us formally for
7
purposes of the record during the time the jury is
8
deliberating.
9
MR. McGRATH:
No problems with that.
10
MR. JACKSON:
No problem, Your Honor.
11
MR. BELLA:
That's fine.
12
THE COURT:
The other thing I'm intending to because I
13
am not sure how long final arguments are going to be, I'm
14
going to order food for the jury.
15
outside right now.
16
being in and final arguments being had and then send the
17
jury out.
18
•
. the exception of the communication counts and those I'm
The weather is inclement
I'm quite concerned of the evidence
I realize that I do it sometimes in the evening to
19
send them home but they don't go out as a group.
20
the tendency and the danger there is that they may start
21
talking or discussing the evidence.
2·2
going to do is order food if the arguments take
23
approximately three hours and if it's around one o'clock,
24
I'll send them .upstairs to eat.
2S
I think
So what I think I'm
If it's twelve o'clock, 12:30, I'm going to go throughPage 5 1011
•
•
•
1
the instructions and give them the instructions and then
2
send them up to eat.
3
o'clock, though.
4
that so in the event that they are worried as to what's
5
going on, what the procedure is going to be.
6
to that?
..
I'm going to order food for about one
And I think I'm going to tell the jury
7
MR. TRUITT:
8
MR. McGRATH:
No objection .
9
MR. JACKSON:
No objection .
Any objection
No objection .
10
MR. BELLA:
No objection .
11
THE COURT:
Anything counsel wish to address the Court
12
13
about before we call the jury down?
MR. BELLA:
Your Honor, I've used this box, cardboard
14
box to keep the exhibits in, stood it on end to obtain
15
additional table space.
16
some documentary evidence inside the box.
17
they walk around the table become curious about the
18
contents of that box
19
THE COURT:
There are photographs and tapes,
Hold on a second..
If the jurors as
I might be able to get
20
you a little table, it may not be the fanciest table in the
21
world, but it will be something and it will be more stable,
22
I'm concerned about the box collapsing .
23
24
25
No, no, that's secret.
No, no, I prefer not to have
the podium -MR. BELLA:
There's not much weight on the box.
I wasPage 6 1012
•
1
2
going to suggest if the jurors become curious about the
-.
'contents, they can be informed that other exhibits which
3
may be in the box would be sent up to the juryroom.
4
the Court were to
THE COURT:
5
of the jurors come down first, let them look at it and then
7
have the back row come down so that we don't have, you
8
know, a whole slew of jurors and nobody being able to look
9
at the evidence.
11
•
What I'm going to do is have the front row
6
Mr. Edwards, were you able to get _your insulin last
10
•
But if
night?
DEFENDANT EDWARDS:
12
'THE COURT:
13
14
box.
15
about?
Yes .
Anything else -- why don't we move the
Anything else counsel wish to address the Court
16
MR. TRUITT:
Nothing, Your Honor.
17
MR. JACKSON:
No, Your Honor.
18
MR. McGRATH:
No.
19
THE COURT:
Mr. Bella, at this point it's no longer
20
your table, I'm going to ask you to move back with
21
everybody else.
22
MR. BELLA:
Yes, sir.
23
THE COURT:
Do the defendants -- do the Marshals want
24
25
the defendants back on the front row right now?
DEPUTY MARSHAL:
That will be fine.
James, Lee.Page 7 1013
•
1
2
3
"Lynetta.
THE COURT:
clients, you're welcome to be back there.
5
Good morning, ladies and gentlemen, you
may be seated.
8
idea of what is going to be happening today so that you
9
have an idea as to how we're going to proceed.
Ladies and gentlemen, let me give you an
In a moment I'm going to give you an opportunity to
11
view some of the evidence here.
12
evidence that was introduced that will be taken up to the
13
juryroom, but this evidence here
14
to the juryroom so you'll have an opportunity to come down
15
and look at it.
16
whatever you want to do to it.
17
•
THE COURT:
7
10
•
Call the jury.
(The jury were escorted into the courtroom,
and the trial was resumed in open court,
reported as follows:)
4
6
If counsel want to be next to their
There will be other
I
will not allow to go up
You can pick it up and examine it,
After that, I am going to take a recess so that the
18
Court's final instructions can be done with the attorneys.
19
After that we will come down and the attorneys will give
20
their final arguments to you.
21
will either proceed with the Court's final instructions to
22
you and then commence the deliberations, or I will take a
23
lunch break after the final arguments are completed so that
24
you can eat.
25
Depending on the time, we
And I will tell. you now, I am not going to sent youPage 8 1014
•
•
1
2
the juryroom.
3
what time all of this is going to be completed and
4
want to interrupt the attorneys' final argument.
5
one o'clock; is that going to pose a problem?
I have ordered because I'm not sure exactly
6
A JUROR:
7
THE COURT:
I
don't
Food for
That will be fine.
That will be fine?
Okay.
I
don't think
i~
8
that it will be -- if it is beyond one o'clock,
9
about 1:05, 1:10, but I'm trying to do the best guesstimate
that I can.
11
then, after you eat
12
final instructions and then the case will be given to you
13
for deliberations.
14
If
will be
10
I
do not have the final instructions by
I
will bring you down, we will do the
Certain pieces of evidence will be taken up to the
15
juryroom and once the Marshals are all gone, then you can
16
commence your deliberations.
17
bird's eye view of what will be happening
18
•
lout to eat, I've ordered food fOr you, you will eat up in
That will give you a little
today~
At this time, ladies and gentlemen, there are some
19
pieces of evidence as
20
up to the juryroom.
21
and examine them; however, because of the fact that so many
22
jurors, I'm going to do it by rows.
23
going to allow the first row to come down, you can go
24
around the table, you can look at the evidence, those
25
pieces of evidence that. were introduced, and you can -- as
I
have mentioned that I do not send
I am going to allow you to step down
At this time I amPage 9 1015
•
said you want to pick them
~
2
do any of that. - You may step down.
(There was a pause in the proceedings.)
3
4
THE COURT:
7
•
A JUROR:
Your Honor, may I take another look at
something there?
8
THE COURT:
9
Ladies and gentlemen, the Court will now recess so
You may.
10
that the Court's final instructions can be settled.
11
Members of the jury, during this recess please
12
remember the admonition that the Court previously gave to
13
you not to discuss this case.
14
Deputy United states Marshals and
15
keep you together in a place specified by the Court and not
16
to permit any other person to speak to you or otherwise
17
communicate with you on any subject connected with this
18
trial except with permission of the Court.
19
You are in the care of the
I
am directing them to
I am further instructing them not to communicate with
20
you on any subject connected with the trial and I direct
21
you not to ask them any questions pertaining thereto.
22
•
The back row may now step down.
(There was a pause in the proceedings.)
5
6
u~
and examine them, you can
1
23
Mr. Sanchez, Mr. Jagiela"
forward.
(Deputy Marshals duly sworn.)
24
25
would you both please come
THE COURT:
Please take the jury upstairs.Page 10 1016
•
l'
(The jury were escorted from the courtroom)
and the following proceedings were had,
reported as follows:)
2
3
THE COURT:
4
recess so the evidence can be collected and then we'll go
5
right into the instruction conference?
(There was a recess taken.)
6
7
•
THE COURT:
Counsel, I have given you the Court's
8
instructions last night; did you have an opportunity to go
9
though them and are you ready to-proceed with the
10
•
Counsel, do you want a couple of minute
instruction conference?
11
MR. JACKSON:
Yes, Your Honor.
12
MR. TRUITT:
13
MR. McGRATH:
14
MR. BELLA:
Yes, Your Honor.
15
THE COURT:
And I have also given copies of the
Yes, Your Honor .
Yes, Your Honor.
16
verdicts forms; have all counsel had an opportunity to see
17
those?
18
MR. JACKSON:
Yes, Your Honor
19
MR. TRUITT:
Yes, Your Honor.
20
MR. BELLA:
Yes, Your Honor.
21
THE COURT:
Counsel, some of you have been before me
22
before, some have not.
23
for the instruction conference .
24
25
I'll explain to you my procedure
The Court has reviewed all of the instructions given
to it by each of the defendants and by the Government.Page 11 1017
•
1
. Excuse me, I think Defendant Durr did not have any.
2
having reviewed each and considering each of these
3
instructions, the Court now rejects each and everyone of
4
the instructions.
5
instructions that it intends to give.
7
that in the instruction conference
8
completed, counsel have an opportunity to resubmit their
9
previously tendered instructions or to submit a new
instruction.
A
We will go through
Once those are
Failure to do so will be considered a waiver.
11
The method that I will go through the instruction
12
conference is I will read the number in the lower left-hand
13
corner; I will indicate which instruction that will be of
14
the Court's instruction.
I then will ask the Government if
15
they have any objection.
Assuming they have no objection,
16
I will immediately ask if the defendants have any
17
objection.
18
•
The Court has given to counsel a series of
6
10
•
After
Rather than to take the time because of the large
19
number of instructions, I would appreciate it if each'of
20
you would say Defendant Davis, no instructions; Defendant
21
Durr, no instructions; Defendant Edwards, objection to the
22
following.
I said no instruction, I mean no
23
I'm sorry.
And then state what the objection is.
24
is no objection, so state.
25
I f there's no
o.~.j ection
objection~,
from both sides, that
If therePage 12 INSTRUCTION CONFERENCE
•
1
in&truction will automatically be given.
2
say it's given.
3
the objection and then rule on the objection.
4
if I'm going to modify the instruction, I then will go
5
through the entire process to the modified instruction
6
until we get an instruction or until I pull it and refuse
7
it.
8
9
•
I'm not going to
If there is an objection, I will address
If it's
Any objection to the procequre that we have for the
instructions?
10
MR. TRUITT:
No objection, Your Honor.
11
MR.· McGRATH:
No objection.
12
MR. JACKSON:
No objection.
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from any of the counsel to
15
•
1018
the Court's tender page, front page?
16
MR. TRUITT:
No objection.
17
MR. BELLA:
No, Your Honor.
18
THE COURT:
Court's Instruction Number 1 will be --
19
strike that.
Criminal Instruction Number 1 will be Court's
20
Instruction Number 1, any objection from the Government?
21
MR. BELLA:
No.
22
THE COURT:
Any objection from the defendants?
23
MR. TRUITT:
Defendant Davis no objection.
24
MR. McGRATH:
Defendant Durr no objection .
25
MR. JACKSON:
Defendant Edwards no objection.Page 13 INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
Criminal Instruction Number 4 will be
2
Court's Instruction Number 2, any objection from the
3
Government?
4
MR. BELLA:
No objection.
5
THE COURT:
Any objection from the defendants?
6
MR. TRUITT:
7
MR. McGRATH:' Defendant Durr no objection.
8
MR. JACKSON:
9
THE COURT:
Defendant Davis no objection.
Defendant. Edwards no objection.
Criminal Instruction Number 2 wiil be
10
Court's Instruction Number 3, any objection from the
11
Government?
12
MR. BELLA:
13
MR. TRUITT:
No objection Defendant Davis.
14
MR. McGRATH:
No objection Defendant Durr.
15
MR. JACKSON:
16
THE COURT:
No objection .
No objection Defendant Edwards.
Criminal Instruction'Number 3 will be
17
Court's Instruction Number 4, any objection from the
18
Government?
19
MR. BELLA:
No objection.
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
No objection from Defendant Davis.
22
MR. McGRATH:
No objection Durr.
23
MR. JACKSON:
No objection from Defendant Edwards.
24
THE COURT:
25
Criminal Instruction Number 5 will be
Court's Instruction Number 5, any objection from the
1019Page 14 INSTRUCTION CONFERENCE
•
1
MR. BELLA:
3
MR. TRUITT:
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
No objection.
No objection from Defendant Davis.
Let me stop for a half a second.
Mr.
7
Court Reporter, do you want the defendants to state their
8
name or can you see them?
10
11
•
Government?
2
9
•
1020
THE COURT REPORTER:
THE COURT:
Okay.
We'll continue on; I'm fine.
We'll continue on with the same
procedure then; I was trying to streamline it.
12
Criminal Instruction Number 6A will be Court's
13
Instruction Number 6, any objection from the Government?
14
MR. BELLA:
15
MR. TRUITT:
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
No objection.
No objection Defendant Davis.
Special Criminal Instruction Number 001.1
19
will be court's Instruction Number 7, any objection from
20
the Government?
21
MR. BELLA:
22
MR. TRUITT:
No objection Davis.
23
MR. McGRATH:
No objection Ourr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
No objection.
And I will indicate that Special CriminalPage 15 INSTRUCTION CONFERENCE
•
•
1
Special Criminal Instruction Number 002 will be
3
Court's Instruction Number 8, any objection from the
4
Government?
5
MR. BELLA:
6
MR. TRUITT:
7
MR. McGRATH:
No objection Durr.
8
MR. JACKSON:
No objectio.n Edwards.
9
THE COURT:
No objection .
No objection Davis.
Criminal Instruction Number 7 will be
10
Court's Instruction Number 9, any objection from the
11
Government?
12
MR. BELLA:
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards.
16
THE COURT:
No objection
Do counsel want the indictment read or can
will they waive reading of the indictment, just advise
18
the jury that the indictment is there and they can read it
19
at their leisure?
20
21
•
Number 001 consists of three pages.
2
17
1021
MR. BELLA:
Government.
The indictment will be sent into the
juryroom, Your Honor?
22
THE COURT:
Yes.
23
MR. BELLA:
I have no objection to waiving -- I waive
24
25
the reading of the indictment, Your Honor.
MR. TRUITT:
Defendant Davis waives reading of thePage 16 INSTRUCTION CONFERENCE
•
1
2
3
indictment.
. MR. McGRATH:
MR. JACKSON:
THE COURT:
Counsel, I have also only included the
7
counts which were pertinent to the defendants, the other
8
ones
9
indictment the Grand Jury's foreman's name and the language
I
have pulled.
I have also pulled from the end of the
10
on it that says true bill and the signature by the U. S.
11
Attorney.
Any objection to that?
12
MR. BELLA:
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards.
16
THE COURT:
No, Your Honor
Criminal Instruction Number 9 will be
17
Court's Instruction Number 10, any objection from the
18
Government?
19
MR. BELLA:
20
MR. TRUITT:
21
•
Defendant Edwards waives reading of the
indictment.
6
•
Defendant Durro waives reading of the
indictment.
4
5
1022
No objection.
Just a minute, Your Honor.
Davis.
22
MR. McGRATH:
No objection Durr.
23
MR. JACKSON:
No objection Edwards.
24
THE COURT:
25
No objection
Counsel, at this time I will also mention
I did not include in this packet of instructions anPage 17 INSTRUCTION CONFERENCE
•
•
•
2
instruction to the effect that the defendants have an
.
absolute right not to testify, you are·not to hold it
3
against them.
4
it; all defense counsel advised me that they did not
5
because it would emphasize the fact that they did not
6
testify.
7
packet.
1
I asked all defense counsel if they wanted
For that reason I did not include it in the
Is that agreeable to all the defendants?
8
MR. TRUITT:
That's agreement with Defendant Davis.
9
MR. McGRATH:
Agreeable with Durr.
10
MR. JACKSON:
Agreeable with
11
THE COURT:
Edward$~
Criminal Instruction Number 8 will be
12
Court's Instruction Number 11, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRUITT:
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
No objection Davis.
Criminal Instruction Number 19 will be
20
Court's Instruction Number 12, any objection from the
21
Government?
22
MR. BELLA:
No objection.
23
THE COURT:
Any objection from the defendants?
24
MR. TRUITT:
No objection Davis.
25
MR. McGRATH:
No objection Durr.
1023Page 18 INSTRUCTION CONFERENCE
•
1
MR.• JACKSON:
2
THE COURT:
•
Criminal Instruction Number 22 will be
3
Court's Instruction Number 13, any objection from the
4
Government?
5
MR. BELLA:
No objection.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
No objection Davis.
8
MR. McGRATH:
No objection Durr.
9
MR. JACKSON:
No objection Edwards.
10
•
No objection Edwards.
THE COURT:
Criminal Instruction Number 15 will be
11
Court's Instruction Number 14, any objection from the
12
Government?
13
MR. BELLA:
14
MR. TRUITT:
No objection Davis ..
15
MR. McGRATH:
No objection Durr.
16
MR. JACKSON:
No objection Edwards.
17
THE COURT:
No objection
Criminal Instruction Number 13 will be
18
Court's Instruction Number 15, any objection from the
19
Government?
20
MR. BELLA:
No objection.
21
THE COURT:
Any objection from the defendants?
22
MR. TRUITT:
23
MR. McGRATH:
No objection Durr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
No objection Davis.
Criminal Instruction Number 121B will be
1024Page 19 INSTRUCTION CONFERENCE'
•
1
C.ourt' s Instruction Number 16, any objection from the
2
Government?
3
MR. BELLA:
No objection.
4
THE COURT:
Any objection from the defendants?
5
MR. TRUITT:
No objection Davis.
6
MR. McGRATH:
No objection DU.r r.
7
MR. JACKSON:
8
THE COURT:
9
10
•
•
. No objection Edwards.
Criminal Instruction Number 26 will be
Court's Instruction Number 17, any objection from the
Government?
11
MR. BELLA:
No objection.
12
THE COURT:
Any objection from the defendants?
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. J:ACKSON:
No objection Edwards.
16
THE COURT:
Criminal Instruction Number 20 will be
17
Court's Instruction Number 18, any objection from the
18
Government?
19
MR. BELLA:
No objection.
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
22
MR. McGRATH:
23
MR • JACKSON:
24
THE COURT:
25
No objection Davis.
No objection Durr.
No objection Edwards.
Criminal Instruction Number 17A will be
Court's Instruction Number 19, any objection from the
1025Page 20 INSTRUCTION CONFERENCE
•
•
•
1
Government?
2
MR. BELLA:
No objection A
3
THE COURT:
Any objection from the defendants?
4
MR. TRUITT:
No objection Davis A
5
MR. McGRATH:
No objection DurrA
6
MR. JACKSON:
No objection Edwards.
7
THE COURT:
Criminal Instruction Number 21 will be
8
Court's Instruction Number 20, any objection from the
9
Government?
10
MR. BELLA:
No objection.
11
THE COURT:
Any objection from the defendants?
12
MR. TRUITT:
13
MR. McGRATH:
14
MR. JACKSON:
15
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 23 will be
16
Court's Instruction Number 21, any objection from
17
Government.
18
MR. BELLA:
No objection.
19
THE COURT:
Any objection from the defendants?
20
MR. TRUITT:
No objection Davis A
21
MR. McGRATH:
No objection Durr A
22
MR. JACKSON:
No objection Edwards A
23
THE COURT:
Criminal Instruction Number 238 will be
24
Court's Instruction Number 22, any objection from the
25
Government?
1026Page 21 INSTRUCTION CONFERENCE
•
•
•
1
MR. BELLA:
No objection.
2
THE COURT:
Any objection from the defendants?
3
MR. TRUITT:
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
No objection Davis.
Criminal Instruction Number 55 will be
7
Court's Instruction Number 23, any objection from the
8
Government?
9
MR. BELLA:
No objection.
10
THE COURT:
Any objection from the defendants?
11
MR. TRUITT:
No objection Davis.
12
MR. McGRATH:
No objection Durr ..
13
MR. JACKSON:
No objection Edwards ..
14
THE COURT:
Criminal Instruction Number 101 will be
15
Court's Instruction Number 24, any objection from the
16
Government?
17
MR. BELLA:
No objection.
18
THE COURT:
Any objection from the defendants?
19
MR. TRUITT:
No objection Davis.
20
MR. McGRATH:
No objection Durr .
21
MR. JACKSON:
No objection Edwards.
22
THE COURT:
Criminal Instruction Number 238 will be
23
Court's Instruction Number 25, any objection from "the
24
Government?
25
MR. BELLA:
No oj;>jection.
1027Page 22 INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
2
MR. TRUITT:
No objection Davis.
3
MR. McGRATH:
No objection Durr.
4
MR. JACKSON:
No objection Edwards.
5
THE COURT:
Any objection from the defendants?
Criminal Instruction Number 71.1 and 2
6
will be Court's Instruction Number 26, any objection from
7
the Government?
8
MR. BELLA:
No objection.
9
THE COURT:
Any objection from the defendants?
10
MR. TRUITT:
No objection Davis.
11
MR. McGRATH:
No objection Durr ..
12
MR. JACKSON:
No objection Edwards.
13
THE COURT:
Criminal Instruction Number 196A will be
14
Court's Instruction Number 27, any objection from the
15
Government?
16
MR. BELLA:
No objection.
17
THE COURT:
Any objection from the defendants?
18
MR. TRUITT:
19
MR. McGRATH:
No objection Durr ..
20
MR. JACKSON:
No objection Edwards.
21
THE COURT:
No objection Davis
Criminal Instruction Number 207 will be
22
Court's Instruction Number 28, any objection from the
23
Government?
24
MR. BELLA:
No objection ..
25
THE COURT:
Any -objection from the defendants?
1028Page 23 INSTRUCTION CONFERENCE"
•
•
•
1
.
No objection Davis_
MR . TRUITT:
2
MR. McGRATH:
No objection Durr_
3
MR. JACKSON:
No objection Edwards.
4
THE COURT:
Criminal Instruction Number 107 will be
5
Court's Instruction Number 29, any objection from the
6
Government?
7
MR. BELLA:
No objection.
8
THE COURT:
Any objection from the defendants?
9
MR. TRUITT:
No objection Davis.
10
MR. McGRATH:
No objection Durr.
11
MR. JACKSON:
No objection Edwards.
12
THE COURT:
Criminal Instruction Number 110 will be
13
Court's Instruction Number 30, any objection from the
14
Government?
15
MR. BELLA:
No objection.
16
THE COURT:
Any objection from the defendants?
17
MR. TRUITT:
No objection Davis.
18
MR. McGRATH:
No objection Durr.
19
MR. JACKSON:
No objection Edwards.
20
THE COURT:
Criminal Instruction Number 342 will be
21
Court's Instruction Number 31, any objection from the
22
Government?
23
MR. BELLA:
No objection.
24
THE COURT:
Any objection from the defendants?
25
MR. TRUITT:
NO objection Davis
1029Page 24 INSTRUCTION CONFERENCE
•
2
3
•
.
MR. JACKSON:
THE COURT:
No objection Durr.
No objection.Edwards.
Criminal Instruction Number 108 will be
4
Court's Instruction Number 32, any objection from the
5
Government?
6
MR. BELLA:
No objection.
7
THE COURT:
Any objection from the defendants?
8
MR. TRUITT:
No objection Davis.
9
MR. McGRATH:
No objection Durr.
10
MR. JACKSON:
No objection Edwards.
11
THE COURT:
Criminal Instruction Number 109 will be
12
Court's Instruction Number 33, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRU.ITT:
No objection Davis ..
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
Criminal Instruction Number 110B will be
20
Court's Instruction Number 34, any objection from the
21
Government?
22
•
MR. McGRATH:
·1
1030
MR. BELLA:
Your Honor, we received a replacement
23
Instruction 107 this morning I believe; I have no objection
24
to that.
25
THE COURT:
This is the replacement,
counse~.Page 25 INSTRUCTION CONFERENCE
•
1
MR. BELLA:
I have no objection to that.
2
THE COURT:
Okay.
3
objection to Criminal Instruction Number 110B which is
4
Court's Instruction Number 34.
5
MR. BELLA:
Correct, Your Honor.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
8
MR. McGRATH:
9
MR. JACKSON:
10
•
•
You have no replacement -- no
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 222 will be
11
Court's Instruction Number 35, any objection from the
12
Government?
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from the defendants?
15
MR. TRUITT:
No objection Davis.
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
Criminal Instruction Number 118B will be
19
Court's Instruction Number 36, any objection from the
20
Government?
21
MR. BELLA:
No objection.
22
THE COURT:
Any objection from the defendants?
23
MR. TRUITT:
No objection Davis.
24
MR. McGRATH:
No objection Durr.
25
MR. JACKSON:
Na-o~jection
Edwards.
1031Page 26 INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
Criminal Instruction Number 237 will be
2
court's Instruction Number 37, any objection from the
3
Government?
4
MR. BELLA:
No objection.
S
THE COURT:
Any objection from the defendants?
6
MR. TRUITT:
No objection Davis
7
MR. McGRATH:
. No objection Durr.
8
MR. JACKSON:
No objection Edwards.
9
THE COURT:
Criminal Instruction Number 119 will be
10
Court's Instruction Number 38, any objection from the
11
Government?
12
MR. BELLA:
No objection.
13
THE COURT:
Any objection from the defendants?
14
MR. TRUITT:
15
MR. McGRATH:
No objection Durr.
16
MR. JACKSON:
No objection Edwards'.
17
THE COURT:
No objection Davis.
Criminal Instruction Number 235B will be
18
Court's Instruction Number 39, any objection from the
19
Government?
20
MR. BELLA:
No objection.
21
THE COURT:
Any objection from the defendants?
22
MR. TRUITT:
No objection Davis.
23
MR • McGRATH:
No objection Durr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
Criminal Instruction Number 236 will be
1032Page 27 INSTRUCTION CONFERENCE"
•
1
court's Instruction Number 40, any objection from the
2
Government?
3
MR. BELLA:
No objection.
4
THE COURT:
Any objection from the defendant
5
MR. TRUITT:
6
MR. McGRATH:
No objection Durr.
7
MR. JACKSON:
No objection Edwards.
8
THE COURT:
9
10
•
•
No objection Davis
Criminal Instruction Number 235A will be
Court's Instruction Number 41, any objection from' t.he
Government?
11
MR. BELLA:
No objection.
12
THE COURT:
Any objection from the defendants?
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards .
16
THE COURT:
Criminal Instruction Number 56A will be
17
Court's Instruction Number 42, any objection from the
18
Government?
19
MR. BELLA:
No objection .
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
No objection Davis.
22
MR. McGRATH:
No objection Durr .
23
MR . JACKSON:
No objection Edwards .
24
THE COURT:
25
Criminal Instruction Number 56 will be
Court's Instruction Number 43, any objection from the
1033Page 28 INSTRUCTION CONFERENCE -
•
•
•
1
Government?
2
MR. BELLA:
No objection.
3
THE COURT:
Any objection from the defendants?
4
MR. TRUITT:
No objection Davis.
5
MR. McGRATH:
No objection Durr.
6
MR. JACKSON:
No objection Edwards.
7
THE COURT:
Cr~minal
Instruction Number 57 will be
8
Court's Instruction Number 44, any objection from the
9
Government?
10
MR. BELLA:
No objection.
11
THE COURT:
Any objection from the defendants?
12
MR. TRUITT:
13
MR. McGRATH:
No objection Durr.
14
MR. JACKSON:
No objection Edwards.
15
THE COURT:
No objection Davis.
Criminal Instruction Number 215 will be
16
Court's Instruction Number 45, any objection from the
17
Government?
18
MR. BELLA:
No objection.
19
THE COURT:
Any objection from the defendants?
20
MR. TRUITT:
No objection Davis.
21
MR. McGRATH:
No objection Durr.
22
MR. JACKSON:
No objection Edwards.
23
THE COURT:
Criminal Instruction Number 231 will be
24
court's Instruction Number 46, any objection from the
25
Government?
1034Page 29 INSTRUCTION CONFERENCE
•
•
•
1
MR. BELLA:
No objecti0l1:.
2
THE COURT:
Any objection from the defendants?
3
MR. TRUITT:
No objection Davis.
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
Criminal Instruction Number 173 will be
7
Court's Instruction Number 47, any objection from the
8
Government?
9
MR. BELLA:
No objection.
10
THE COURT:
Any objection from the defendants?
11
MR. TRUITT:
No objection Davis.
12
MR. McGRATH:
No objection Durr .
13
MR. JACKSON:
No objection Edwards.
14
THE COURT:
Criminal Instruction Number 393 will be
15
Court's Instruction Number 48, any objection from the
16
Government?
17
MR. BELLA:
No objection.
18
THE COURT:
Any objection from the defendants?
19
MR. TRUITT:
20
MR. McGRATH:
21
MR. JACKSON:
22
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 394 will'be
23
Court's Instruction Number 49, any objection from the
24
Government?
25
MR. BELLA:
No objection.
1035Page 30 INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
2
MR. TRUITT:
No objection Davis.
3
MR. McGRATH:
No objection Durr.
4
MR. JACKSON:
No objection Edwards.
5
THE COURT:
Any objection from the defendants
Criminal Instruction Number 395 will be·
6
Court's Instruction Number 50, any objection from the
7
Government?
8
MR. BELLA:
No objection.
9
THE COURT:
Any objection from the defendants?
10
MR. TRUITT:
11
MR. McGRATH:
No objection Durr.
12
MR. JACKSON:
No objection Edwards.
13
THE COURT:
No objection Davis.
Criminal Instruction Number 396 will be
14
Court's Instruction Number 51, any objection from the
15
Government?
16
MR. BELLA:
No objection.
17
THE COURT:
Any objection from the defendants?
18
MR. TRUITT:
No objection Davis.
19
MR. McGRATH:
No objection Durr.
20
MR. JACKSON:
No objection Edwards.
21
THE COURT:
Criminal Instruction Number 397 will be
22
Court's Instruction Number 52, any objection from the·
23
Government?
24
MR. BELLA:
No objection.
25
THE COURT:
Any objection from the defendants?
1036Page 31 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
MR.
MR.
THE
INSTRUCTION CONFERENCE _ 1037
TRUITT: No objection Davis.
MCGRATH: No objection Durr.
JACKSON: No objection Edwards.
COURT: Criminal Instruction Number 398 will be
Court’s Instruction Number 53, any objection from the
Government?
MR. BELLA: No objection.
THE COURT: Any objection from the defendants?
MR. TRUITT: No objection Davis.
MR. MCGRATH: No objection Durr.
MR. JACKSON: No objection Edwards.
THE COURT: Criminal Instruction Number 399 will be
Court’s Instruction Number 54, any objection from the
Government?
MR. BELLA: No objection.
THE COURT: Any objection from the defendants?
MR. TRUITT: No objection Davis.
MR. MCGRATH: No objection Durr.
MR. JACKSON: No objection Edwards.
THE COURT: Criminal Instruction Number 400 will be
Court’s Instruction Number 55, any objection from the
Government?
MR.
THE
MR.
BELLA: No objection.
COURT: Any objection from the defendants?
TRUITT: No-objection Davis.Page 32 INSTRUCTION CONFERENCE
•
•
•
.
1
MR. McGRATH:
No objection Du.rr.
2
MR. JACKSON:
No objection Edwards.
3
THE COURT:
Criminal Instruction Number 401 will be
4
Court's Instruction Number 56, any objection from the
5
Government?
6
MR. BELLA:
No objection.
7
THE COURT:
Any objection from the defendants?
8
MR. TRUITT:
9
MR. McGRATH:
No objection Durr.
10
MR. JACKSON:
No objection Edwards.
11
THE COURT:
No objection Davis.
Criminal Instruction Number 28 will be
12
Court's Instruction Number 57, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRUITT:
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
No objection Davis.
Criminal Instruction Number 199 will be
20
Court's Instruction Number 58, any objection from the
21
Government?
22
MR. BELLA:
No objection.
23
THE COURT:
Any objection from the defendants?
24
MR. TRUITT:
No objection Davis.
25
MR. McGRATH:
No- objection Durr.
1038Page 33 INSTRUCTION CONFERENCE'
•
1
MR. JACKSON:
2
THE COURT:
•
No objection Edwards.
Criminal Instruction Number 29 will be
3
Court's Instruction Number 59, any objection from the
4
Government?
5
MR. BELLA:
No objection.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
No objection Davis.
8
MR. McGRATH:
No objection Durr.
9
MR. JACKSON:
No objection Edwards.
10
•
1039
THE COURT:
Criminal Instruction Number 30 will be
11
Court's Instruction Number 60, any
12
Government?
objec~ion'
from the
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from the defendants?
15
MR. TRUITT:
No objection Davis, Your Honor.
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
Counsel, one of these instructions I
19
mentioned earlier, but I just want to make sure I get on
20
the record, I think it's Special Criminal Instruction
21
Number 001 and I said point 1.
22
and .3.
23
that it's a three-page instruction.
24
from the Government and that is Instruction Number 7, to
25
all three pages?
It consists of 001.1, .2
I just want to make sure that the record indicates
Any objection to thatPage 34 INSTRUCTION CONFERENCE
•
1
MR. BELLA:
No objection.
2
THE COURT:
From the defendants?
3
MR. TRUITT:
No objection Davis.
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
one of the instructions that the Court has given and has
8
tendered to the attorneys?
MR. TRUITT:
Yes, Your Honor.
10
MR. BELLA:
11
MR. McGRATH:
Yes, Your Honor.
12
MR. JACKSON:
Yes.
13
THE COURT:
14
Yes.
Any instructions that the Government
wishes to retender or tender at this time?
15
MR. BELLA:
No, Your Honor.
16
THE COURT:
Any instructions that the Defendant Davis
17
18
•
Counsel, have I ruled on each and every
7
9
•
1040
wishes to tender or retender at this time?
MR. TRUITT:
Yes, Your Honor.
Defendant Davis will
19
wish to retender Defendant James Davis' proposed jury
20
instruction Number 2 which defines in more particularity
21
the multiple conspiracy, single conspiracy.
22
that the Court's instructions is lacking a --
23
24
25
THE COURT:
And I believe
Counsel, isn't is this covered already by
one of my other instructions?
MR. TRUITT:
I,~on't
believe it is, Your Honor.
IPage 35 1041
INSTRUCTION CONFERENCE
•
1
don't believe it's covered
2
instruction covers whether there was one conspiracy or more
3
than one conspiracy.
4
what the elements --
5
THE COURT:
6
7
Counsel, isn't that something that, you
know, has to be proven?
MR. TRUITT:
Well, I think there's some evidence to
support that, Your Honor; I think there's certainly an
9
inference.
11 .
•
Your instructions adequately cover
8
10
•
in fact I don't think your
12
THE COURT:
For me to say that there's only one
conspiracy would be wrong, wouldn't it?
MR. TRUITT:
well, the indictment charges among other
13
things only one conspiracy existed, and then it shows --
14
and the last paragraph is defined as the conspiracy charge·
15
did not exist; similarly, if you find the defendant was not
16
a member of the charged conspiracy, then you must find the
17
defendant not guilty.
18
THE COURT:
19
MR. TRUITT:
That's covered, isn't it, counsel?
I don't believe so in that -- with that
I guess you can
I can argue that
20
purpose or emphasis.
21
from the instructions you've given, the Court's conspiracy
22
instructions.
23
THE COURT:
Mr. Bella.
24
MR. BELLA:
I haven't seen the defendant's proposed
25
instruction.Page 36 INSTRUCTION CONFERENCE
•
MR. JACKSON:
1
touch on whether there was one or more than one conspiracy,
3
and do not instruct the jury that the Government has
4
charged and therefore has the burden of proving that this
5
one grand conspiracy existed.
THE COURT:
Counsel, Court's Instruction Number 26
7
talks about a conspiracy and that he must be proven to be a
8
member of that conspiracy.
9
other one says, you have to prove that conspiracy.
MR. TRUITT:
10
And that basically 'is,what the
I think the Court's Instruction Number 26
11
is an accurate statement of the law_
12
short of addressing the .issue of more than one conspiracy,
13
and we would retender defendant's exhibit -- requested
14
Instruction Number 2.
MR. BELLA:
15
I think it falls
At the outset, Your Honor, I read this
16
instruction, it says the indictment charges among other
17
things that only one conspiracy existed.
THE COURT:
18
19
I don't think that's true that it says
only one conspiracy existed.
MR. TRUITT:
20
•
I don't think the Court's instructions
2
6
•
1042
Pull the indictment.
I believe the indictment charged
21
conspiracy in Count 2 and also another conspiracy in Count
22
3.
But not as to Davis.
23
THE COURT:
24
MR. TRUITT:
25
This doesn't say it's Mr. Davis.
Well, I have no objection to amending it
to read count 3 of the indictment charges that a conspiracyPage 37 INSTRUCTION CONFERENCE
•
1
•
The
2
indictment charges that -- in Count 3 of the indictment it
3
charges that only one --
4
THE COURT:
Mr. Bella.
5
MR. BELLA:
Well, I can't comment on an instruction I
6
don't have in front of me.
7
faulty, Defendant Davis' proposed jury Instruction Number
8
2.
9
•
. ··existed, and in particular I just -- in that fashion.
1043
This instruction I think is
The indictment charges more than one conspiracy, and
10
this instruction talks about only one being charged; it
11
talks about there must be on~ plan and one conspiracy, and
12
so I think that this instruction on its face is faulty .
13
THE COURT:
Gentlemen, I'm going to take this under
14
advisement for a second just so I can go through and find
15
out what's' remaining and then I may gi ve you an
16
opportunity, Mr. Truitt, to try to clean it up and then
17
relook at it.
18
statement of what the facts are.
19
now, I will not give it.
20
cleaned up, that I may not reconsider that position.
As it is right now, it is not a correct
21
Any others?
22
MR. TRUITT:
And as it stands right
That does not mean that if it's
Defendant Davis does not wish to retender
23
any of the other instructions previously submitted to the
24
Court.
25
THE COURT:
And~as
no new instructions.Page 38 INSTRUCTION
•
1
MR. TRUITT:
2
THE COURT:
3
MR. McGRATH:
4
Durr.
Defendant Durr has no new instructions,
no old instructions either.
THE COURT:
6
MR. JACKSON:
Edwards.
Defendant Edwards will not retender any
7
or resubmit any instructions, nor will he submit any new
8
instructions.
10
11
THE COURT:
Mr. Truitt, I'll leave this up',here so
that you can take a look at
that~
Now, gentlemen, I have also given to you
apacke~
of
12
verdict forms.
13
them -- and I'll do it if you want me to, do -- does the
14
Government any objection to the forms of verdict?
Without going through each and everyone of
15
MR. BELLA:
No objection, Your Honor.
16
THE COURT:
Defendants.
17
MR. TRUITT:
18
•
And has no new instructions, Your Honor.
5
9
•
1044
CONFERENC~
Defendant Davis has no objection to the
verdict forms as tendered, Your Honor.
19
MR. McGRATH:
No objection from Durr.
20
MR. JACKSON:
No objection from Edwards.
21
THE COURT:
Is there anything else that has to be done
22
with reference to either the instructions or the verdict
23
forms with the exception of Mrft Truitt's request?
24
25
MR. McGRATH:
I don't think this will be
~
problem,
but does the Court give any signal when you're near the endPage 39 INSTRUCTION CONFERENCE
•
1
'. of your time?
2
THE COURT:
I would prefer
that you have your fellow counsel do it, but if I see that
4
you are within a few minutes of it, I may say --
6
MR. McGRATH:
I really don't think it will be a
problem.
7
THE COURT:
couple of minutes and go from there.
8
But if you can, I prefer to· have your fellow counsel -- in
9
your case, Mr. Bella, maybe the agent can do it, go through
10
11
12
that.
Mr. Truitt, how long will it take for you to go
through this again if you're going to resubmit it?
13
MR. TRUITT:
Not more than five minutes, Your Honor.
14
THE COURT:
Why don't we recess, do that, we'll come
15
back and-address that and then we'll go into final
16
arguments, and I
17
to whether or not I instruct the jury at that point or if I
18
go through and let them eat and then instruct them.
I guess I'll have to play it by ear as
19
Anything else to be covered?
20
MR. McGRATH:
Nothing, Your Honor.
21
MR. JACKSON:
Nothing, Your Honor.
(There was a recess taken.)
22
•
Counsel, sometimes I do.
3
5
•
1045
23
THE COURT:
Mr. Truitt, I have prepared an instruction
24
which is tailored after what you have indicated.
You have
25
sent back another instruction and I was concerned with itPage 40 INSTRUCTION CONFERENCE"
•
1
because you only dealt with Count 3; Counts 1 and 2 are
2
also conspiracy counts.
3
•
So I have prepared an instruction that I think may
4
meet your needs; I have given it to all counsel.
5
suggestion that this be placed in as an A instruction and-
6
possibly after the other conspiracy instruction which I
7
think is 26.
8
MR. TRUITT:
9
THE COURT:
My
That is correct, Your Honor.
So I would suggest that this be 26A.
10
Special Criminal Instruction Number 003 will be 26A.
11
objection from the Government?
Any
12
MR. BELLA:
13
MR. TRUITT:
No objection from Davis, Your Honor.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards, Your Honor.
16
THE COURT:
And any objection to making it 26A?
17
MR. BELLA:
No objection
18
MR. TRUITT:
No objection.
19
MR. McGRATH:
No objection.
20
MR. JACKSON:
No objection.
21
THE COURT:
22
•
1046
No objection
We'll do that.
Does that now cover all
the instructions by the Court, tendered or retendered?
23
MR. BELLA:
24
MR. TRUITT:
25
THE COURT:
Yes, Your Honor .
Yes, Your Honor.
And counsel have already indicated theyPage 41 1047
•
1
have no objection to the verdict forms.
2
MR. TRUITT:
3
THE COURT:
we're going to go beyond the final arguments and go through
5
that.
6
time getting this instruction corrected.
I didn't realize that we were going to take as much
Anything else counsel wish to address the Court about
8
before we call the jury down?
9
final opportunity to look at the Court's instructions and
Counsel, I' 11
giv,~
you a
10
make sure that everything that
11
and nothing more and that the right ones are in there, and
12
the verdict forms before they --
13
send them up, so they'll be available to you.
14
jury.
16
17
I
said was there is there
I
read them to the jury or
Call the
(The jury were escorted into the courtroom,
and the trial resumed in open Court,
reported as follows:)
15
•
Counsel, because of the time I don't think
4
7
•
Correct.
THE COURT:
You may be seated.
Ladies and gentlemen,
18
both sides have rested.
19
summations will attempt to tell you what they think the
20
evidence shows.
21
you will disregard what they say unless supported by the
22
evidence.
23
defense, followed by a brief rebuttal from Government's
24
counsel.
25
The attorneys now in their
Again what they say is not evidence and
The Government's counsel begins, followed by the
Mr. Bella, you -may proceed with final arguments.Page 42 FINAL ARGUMENT - GOVERNMENT
•
MR .. BELLA:
1
ladies and gentlemen of the jury.
3
for your attention throughout the course of the trial.
First of all, thank you
There was a lot of evidence presented to you in the
5
course of last week and also yesterday.
6
us battled through illness and as a result of that, through
7
some exhaustion during the course of the week especially
8
towards the end of last week I think.
9
your patience in listening carefully to the evidence
10
We've -- many of
And I thank you for
through all of that.
This was an easy case to try in the sense that
11
so much evidence against the defendants.
th~re
It was also a
12
i~
13
difficult case to try for the same reason; there was so
14
much evidence to present to you.
The best way to review the evidence that you heard
15
•
Good morning,
2
4
•
Thank you, Your Honor.
1048
16
during the course of the trial, ladies
17
think is to go through the counts as they are presented to
18
you.
19
here as to the counts that you'll be considering, and I'd
20
like to go through them with you and the evidence that you
21
heard during the course of the trial that made out these
22
counts.
23
a~d
gentlemen, I
And so what I've done is made some notes on the board
And on the right are the counts that you'll be
24
considering.
There'S gaps in the numbers and you'll
25
receive an instruction that indicates you should ignorePage 43 . 1049
FINAL ARGUMENT - GOVERNMENT
•
"
1
those gaps.
2
numbering goes straight through and then there are gaps in
3
the telephone count numbers.
4
And on the left is the five elements which must be
proven to make out the crime of a continuing criminal
6
enterprise.
7
continuing criminal enterprise count.
9
And I'll get to that when we get to that
First I'd like to start with Count 1.
The fir$t three
counts were conspiracy counts, and Count" 1 was a conspiracy
10
count alleging that Lee Edwards conspired with Robert
11
Burrell, also known as Cuz.
12
conspired with another source of supply, Robert Matthews,
13
and Count 3 is the big conspiracy count with the others.
14
So let's turn first to Count 1, the charge that Lee
Count 2 alleges that he
15
Edwards conspired with Robert Burrell, also known as Cuz,
16
who as you heard during the course of the trial was one of
17
the sources of supply of heroin to Lee Edwards.
18
•
But essentially for the first 14 counts, the
5
8
•
.
And you heard Jimmie Edwards testify that Cuz or
19
Robert Burrell was Edwards, Lee Edwards' source of supply
20
for heroin.
21
heroin in dip quantities and Lee Edwards would buy several
22
dips at a time at a certain price, about 250 or $275 a dip,
23
if I recall his testimony correctly.
24
25
And he testified that Cuz usually sold the
And Lorri Edwards also testified that after she met
and married Lee Edwards,' she became aware of Cuz and thatPage 44 FINAL ARGUMENT - GOVERNMENT
•
Le~
2
would come to the Edwards' house, sometimes they would meet
3
at another location, sometimes at a hotel in Calumet City,
4
sometimes at a Burger King on Torrence Avenue.
5
heard specific evidence of a meeting taking place near the'
6
Denny's and the Bob Evans on Cline Avenue.
And you
And you heard Jimmie Edwards testify that at that
8
time, September 2, 1990, unbeknownst to him, federal agents
9
were watching.
Unbeknownst to him, the Title III wire
10
tapping had been done, federal agents listening in to the
11
phone calls so that you could be there at that place and
12
time to watch that transaction take place .
13
And Jimmie Edwards testified that on that date he
14
went out to Denny's on Cline and purchased three bags of
15
heroin from
16
Lee Edwards who sent Jimmie Edwards out there in Lee
17
Edwards' truck.
18
•
Sometimes Cuz
1
7
•
Edwards would get together with Cuz.
1050
~uz,
or Robert Burrell, and did so on behalf of
And Robert Pertuso testified about the surveillance
19
that he maintained, and he testified about particular times
20
and particular events that he observed that day.
21
heard the tape recordings of those telephone calls setting
22
up that meeting; Robert Burrell having been beeped by Lee
23
Edwards, calling Lee Edwards' phone in the morning of
24
September 2 and talking to Lorri.
25
Lee wants three bags; ,she said, I'm counting my money now;
And you
And Lorri saying thatPage 45 FINAL ARGUMENT - GOVERNMENT
•
1
-they are counting their money. now to see how many bags he
2
wants.
3
what?
4
•
And then he says he wants three.
And Cuz says
And she says three bags.
And then they discuss where they are going to meet
5
and Cuz says, I don't want to come all the way in there,- he
6
says I can meet you on Cline.
7
there is another phone call where Cuz calls Lee and Cuz
8
says, I been out already, I been to the race track, I've
9
been around doing business, let's get together if you want
And then later that day
10
to get together.
11
they agree to meet at Bob Evans on Cline.
12
send my brother, Bro June, Jimmie's nickname .
And he says I can come to Cline.
And so
Lee says I'll
And Cuz says -- after some misunderstanding, says,
13
14
oh, yes, your brother June, okay.
15
then.
16
•
1051
We'll meet at Cline
We'll meet at Denny's on -- Bob Evans on Cline.
Then under surveillance, Robert Pertuso observes
17
Robert Burrell arrive at the Denny's or actually at the Bob
18
Evans, observes him arrive at the Denny's.
19
They agreed to meet at the Bob Evans but for some reason
20
Burrell went to Denny's and he sat at the counter in the
21
Denny's and he was observed by Bob Pertuso to sit there
22
with a female.
23
I'm sorry.
And Bob Pertuso says at 8:54 p.m., Robert Burrell left
24
the counter, went to the southeast corner of the
25
restaurant.
And BQb Pertuso said that at 8:56 p.m.,Page 46 FINAL ARGUMENT - GOVERNMENT
•
o •
1
. exactly two minutes later, Burrell returns to the counter.
2
And then you heard a tape of a telephone call at exactly
3
8:55 p.m., the evening of September 2.
4
you that where Robert Burrell went when he left the
5
counter, went to the southeast corner of the restaurant
6
between 8:54 and 8:56 was to use the phone.
7
8:55, right between those two times, there is a phone
8
intercepted on the Title III wiretap where
9
calls Lee and Burrell says, I'm here,
10
•
says, I'm here.
And I suggest to
~here
Because at
Robe~~
Burrell
are they?
He
And Lee says, they should be there.
11
And sure enough, six minutes later at 9:01 p.m., the
12
truck registered to Lee arrives at the Bob Evans' parking
13
lot; Jimmie gets out, he walks from the parking lot to the
14
Denny's lot.
15
the middle of this big old Denny's lot, they walk back to
16
Lee's truck, an exchange takes place, and at 9:20 p.m.
17
Jimmie exits the lot and at 9:30 p.m., ten minutes later,
18
he's observed pulling up at 1522 Taft street.
19
•
1052
Burrell exits the Denny's, he meets Jimmie in
You heard the phone calls setting up the transaction,
20
the phone calls between Lee and Lorri and Burrell and
21
putting that together with the testimony you heard, it'so
22
clear that that transaction took place on behalf of Lee
23
Edwards.
24
25
Put that together with the rest of the testimony of
Jimmie Edwards and LQt"ri Edwards about how they used to getPage 47 FINAL ARGUMENT - GOVERNMENT
•
1
heroin from Burrell in the past as a source of supply for
2
Lee Edwards, and you come to the final question was there a
3
conspiracy between Lee Edwards and Robert Burrell?
4
answer is yes.
~upply.
6
another source of
7
cocaine.
8
between Robert Matthews and Lee Edwards, very short phone
9
calls.
10
This time a source of supply of
And you heard a couple tapes of phone calls
On August 23, a phone call, again an outgoing phone
11
call, one of the few outgoing phone calls, but there was so
12
many incoming phone calls from customers ordering drugs
13
from Lee Edwards, but one of the few times that Lee Edwards
14
would callout on his phone to somebody else was when he
15
would call Robert Matthews.
16
and in that short phone call, Robert Matthews says, did you
17
need to see me?
18
Matthews says, I'll be right on then.
19
testified he knew what Lee was calling about, he wanted
20
cocaine.
21
see me?
22
•
And the
count 2 alleges a conspiracy with Robert Matthews,
5
•
1053
And he called Robert Matthews
And Lee Edwards says yes, and Robert
And Robert Matthews
Nothing more needed to be said.
Do you want to
Okay, I'll be there.
And one minute later, Lee Edwards calls right back
23
and says I'm on 15th.
And you heard testimony about how
24
Lee Edwards would switch from 460 Taft Place to 1522.
25
would have too much traffic, too much heat, one location to
TheyPage 48 FINAL ARGUMENT - GOVERNMENT
•
1
2
And then August 31 you heard another phone call, same
type of phone call.
4
Matthews says do you want me to come through there?
5
says yes.
6
shortly.
7
another supply of cocaine from Robert Matthews.
8
Matthews told you that he sold cocaine to Lee Edwards in
9
ounce quantities for about $1100 an ounce.
11
Lee calls Robert Matthews, Robert
Lee
Robert Matthews says, okay, I'll be there
A week later, eight days later, Lee is ordering
And Robert
And he said he
had done that for a period of several months.
Was there a conspiracy between Lee Edwards and Robert
12
Matthews where Robert Matthews was a source of supply of
13
cocaine to Lee Edwards?
And the answer is yes.
14
Then you get to the big conspiracy count, Count 3.
15
And we turn in Count 3 from the sources of supply to the
16
agreement between Lee Edwards and those supplying him, to
17
the agreement between Lee Edwards and his whole
18
organization, those who work for him.
19
count included people like Brett Guyton, Willie McIntosh,
20
Flakes Kellum, James Barefield, Lorri Edwards, James Davis,
21
Lynetta Durr and others.
22
•
switch back and forth.
3
10
•
1054
And that conspiracy
In my opening statement, ladies and gentlemen, I told
23
you that you would hear evidence of an organization, a drug
24
trafficking organization with Lee Edwards at the helm.
25
you would hear of se¥eral echelons of this organization,
AndPage 49 FINAL ARGUMENT - GOVERNMENT
•
1
. and you would also hear of Lei Edwards' sources of supply
2
and we've talked about some of the sources of supply in
3
those first two counts and you heard of others like Abi.
4
And
5
the sources of supply, you would hear of echelons, and one
6
of those echelons was those selling for Lee, those who
7
would get a supply of drugs for Lee, sell them to other
8
people and get a cut, commission, a share of
9
•
•
1055
I
told you that in this organization when you get
pas~
th~money.
And in that echelon, there were flakes Kellum, James
10
Barefield, Little James, James Davis, and as you heard_from
11
the testimony of Gwendolyn Campbell, for example, and from
12
some of those phone calls, Lynetta Durr .
13
Then there was another echelon, the runners, those
14
who instead of selling drugs for a commission would get a
15
share of the -- would get some drugs for their own use for
16
running drugs out, doing minor chores like answering the
17
phone and meeting drug customers.
18
McIntosh, Brett Guyton, Phenether Buchanan.
19
telephone calls where drug customers would come in, I want
20
20, they'd turn to Lee, always the person on the phone
21
would have to see if it's okay with Lee.
22
okay, they'd agree to meet somewhat, they'd run the drugs
23
out there.
24
25
And those include Willie
And you heard
Turn to Lee, it's
And I also told you that you'd hear of relatives,
relations of Lee
who'-d~d
a little bit of everything.
AndPage 50 FINAL ARGUMENT - GOVERNMENT
•
y~u
2
everything, agreed to answer the phone, run drugs out to
3
customers.
4
Edwards would accompany Jimmie for example or would go
5
himself to the sources of supply to pick up drugs.
6
Edwards, who did a little bit of everything.
But also you heard testimony that Willie
Lorri
I told you,. ladies and gentlemen, you'd see a drug
8
organization in action and I think during the course of the
9
trial you did.
10
11
And you heard phone call after phone call
after phone call.
There is testimony from some of the FBI agents that
12
there is something like 500 to 800 phone calls.
13
heard a number yourself to the point where you get tired of
14
hearing phone calls, hearing the same thing over and over
15
again, I want a half a dip, I want a 30, I want a 20, let's
16
meet here, let's meet there.
17
•
heard about Willie Edwards who did a little of
1
7
•
1056
And you
The challenge in this case was to narrow down that 500
18
to 800 phone calls to something that could be presented to
19
you in the course of a week so you could see what was going
20
on, what was happening.
21
tell what was happening with Lee Edwards, the people
22
working for him, and what was going on at 460 Taft place
23
and at 1522 Taft street.
24
25
And
I
think you heard enough to
Over and over again you heard of the customer calling
in, placing the order, a person answering the phone,Page 51 . 1057
FINAL ARGUMENT - GOVERNMENT
•
•
1
2
"being is sent out.
And you even heard toward the end of
3
the day yesterday, some phone calls of Lee answering the
4
phone and always saying, I'll have someone out there to
5
meet you.
6
Willie McIntosh, you know Willie McIntosh, I'll have him
7
out there to meet you.
You know, that guy with the glasses, Brad,
That's how he operated.
8
And you also heard not only about the runners, but
9
the way the people who worked for Lee ori a commission if
10
you will, operated.
11
and Lorri Edwards testified that Lee Edwards would provide
12
drugs to Flakes, he'd make a ticket -- and you heard a
13
telephone conversation about the ticket, I lost my ticket,
14
tell me how much I ordered.
15
knew how many packets of drugs and what size these people
16
got, and he'd know how much money was supposed to come back
17
to him, him being Lee Edwards.
18
people got a commission.
19
•
checking with Lee, arranging a place to meet and the runner
Flakes Kellum, for example,
testifi~d,
They'd make the ticket so he
And in exchange, these
Flakes Kellum, Little James, Gwendolyn Campbell,
20
Lynetta Durr, Rosetta Pirtle, ponderosa, we also heard of
21
her also working on that same basis in that same group of
22
people.
23
Was there a conspiracy between Lee Edwards and all
24
these other people named in Count 3 of the indictment?
25
answer is yes.
ThePage 52 FINAL ARGUMENT - GOVERNMENT
•
Ladies and gentlemen, the conspiracy law can be
1
2
something that will need to be understood and the Judge
3
will instruct you about conspiracy law, but his
4
instructions will make clear to you that members can join a
5
conspiracy, they don't have to join all at the same time,
6
they can drop out. of the conspiracy.
7
extend over a period of time, they don't all have to join
8
at the same time, they don't even have to know of each
9
other.
11
purpose or common plan, common agreement if you will.
12
by agreement would mean a common purpose.
13
showed you, ladies and gentlemen, Lee Edwards has been
14
dealing drugs for a long period of time and he has
15
continued with that process, and members have joined and
16
dropped out.
17
then she dropped out.
18
sold.
19
in later on.
20
•
The conspiracy can
The main element of a conspiracy is having a common
10
•
1058
But
And the evidence
Gwendolyn Campbell sold for him for a while,
while she was selling, Lynetta Durr
Later on, Lorri Edwards came in, Flakes Kellum came
But it was the same thing that was going on throughout
21
that entire period of time.
And what we have hete in Count
22
is one large conspiracy that lasted over a long period of
23
time where all the members of the conspiracy, all the
24
workers shared that same common purpose: to sell drugs for
25
Lee Edwards and to make some money for themselves along thePage 53 FINAL ARGUMENT - GOVERNMENT
'.
1
2
And then we get to the continuing criminal enterprise
charge which
4
criminal enterprise.
5
the Judge will instruct you that there are five elements
6
that need to be proven to make out a continuing criminal
7
enterprise.
8
violation has been committed, and you've heard more than
9
enough evidence that Lee Edwards has committed a
11
•
way.
3
10
•
1059
abbreviated C-C-E-
I
r
maintaining a continuing
And there are elements to that.
And
And one of those is that a felony drug
f~lony
drug violation.
The second is that there be a series of violations,
12
and the Judge will instruct you that that means at least
13
two violations, excluding the conspiracy counts, at least
14
two violations.
15
evidence that Lee Edwards has violated the drug trafficking
16
laws over and over again.
17
And two things
And again you've heard more than enough
I
want to note here, first of all, not
18
all those violations need be charged or result in
19
convictions.
20
evidence of all the times that Lee violated felony drug
21
trafficking laws.
22
where a distribution of heroin was set up to Elaine Hughes
23
on this date on this time, to somebody else calling in.
24
Cookie calling on this date on this time, to others who
25
would call in, Sharon Bradley on a different day and a
And you can take into account all the
And you've heard multiple phone callsPage 54 FINAL ARGUMENT - GOVERNMENT
•
1
different time.
So you've heard evidence
2
violations over and over
again.
4
it's heroin or cocaine, is another felony violation of the
5
drug trafficking laws.
6
you've heard direct evidence of other violations that have
7
been charged, the purchases by Walter pettigrew, the
8
.possession with intent to distribute on the day of the
10
12
Each one of those distributions of drugs, whether
search.
And all you need is two.
And
So there are multiple felony violations of drug
trafficking laws by Lee Edwards.
So those first two elements are satisfied by the
11
evidence that you've heard.
Lee Edwards sold to Walter Pettigrew six times on six
13
14
different occasions; each one of those was a felony
15
violation.
16
October 11 1990, the day of the search.
17
instruct you that distribution of cocaine or heroin and
18
possession with intent to distribute, as happened on the
19
day of the search, qualify as felony violations of drug
20
trafficking laws.
21
•
of
3
9
•
1060
.
And he possessed with intent to distribute on
And the Judge will
Getting back to those phone calls, the Judge also
22
will instruct you that if the acts of another are willfully
23
ordered, directed or authorized by the defendant, then the
24
defendant is responsible for such acts as though the
25
defendant personally committed them.
So Lee Edwards isPage 55 1061
FINAL ARGUMENT - GOVERNMENT
•
responsible for each one of those phone calls where
1
2
.
~omebody
3
drugs.
4
regard to the second count, do we have a continuing series
5
of violations?
Yes, we do.
Getting on to the third element -- I'm sorry, not
7
third count, third element.
8
violations has to be undertaken in association with five or
9
more other persons.
This continuing series of
So let's see if that element has been
10
satisfied, and let's work through these elements one at a
11
time and see if they've been satisfied.
12
With regard to the third element, were there five or
13
more other persons who associated with Lee in violating
14
drug trafficking laws?
15
them.
16
Barefield, Phenether Buchanan -- and you heard some tapes
17
of her and that's why you heard the tape, to show you what
18
she was doing, that she was part of it too.
19
•
delive~
Getting on to the third count, do we have -- with
6
•
is sent out to
Well, let's name them, let's count
Brett Guyton, Willie McIntosh, Flakes Kellum, James
Willie Edwards, and you heard some tapes with him also
-
20
showing you that he was part of it, he was answering the
21
phone, he was getting people to deliver drugs, so he's
22
another one.
23
further.
24
Rosetta Pirtle also known as Ponderosa.
25
back to Al Moore who was named by Lorri Edwards and by
Lorri Edwards, Little James.
And you can go
Gwendolyn Campbell, Lynetta Ourr, Jimmie Edwards,
You can go wayPage 56 FINAL ARGUMENT - GOVERNMENT.
•
1
Jimmie Edwards.
2
operated the house for Lee at 7th and virginia.
3
there we must have named a dozen people or more, and I
4
suggest to you that the list goes onA
6
Edwards in violating drug trafficking laws?
7
were.
9
Right
Yes, there
And the fourth element is that Lee Edwards was an
8
•
A Billy Tendall who Lorri Edwards said
Were there five or more people associated with Lee
5
•
1062
organizer or occupied a position of manager or supervisor
10
of all these people that worked for him in violating the
11
drug trafficking laws.
I'll ask you, ladies and gentlemen, who sent Willie
12
13
McIntosh out to deliver drugs, who sent Brett Guyton out to
14
deliver drugs?
15
decides what happens, who decides if you're going to go out
16
and deliver drugs, how much you're going to go out and
17
deliver them, whether you're going to work that day or not,
18
how much is going to be delivered?
19
the drugs come?
20
go to?
21
Lee.
22
for Flakes Kellum and James Barefield, Little James,
23
Lynetta, Gwendolyn Campbell and Ponderosa?
24
them, I'll give you this many packets of drugs to sell, you
25
sell them, you
When they testified, I asked them who
They come from Lee.
The money goes to Lee.
Lee decides.
Where do
Where does the money
Who controls everything?
Who makes the financial arrangements for the workers,
ke~p
$2 per dime bag?
Who says to
Lee does.Page 57 FINAL ARGUMENT - GOVERNMENT
•
1
drugs, who has the sources of supply, who distributes the
3
drugs, who controls the money?
Lee Edwards does.
Jimmie Edwards said this whole thing wouldn't happen
5
if it weren't for Lee Edwards.
6
the connections, he ran the whole thing.
7
an organizer?
8
people?
9
Lee had the money, he had
Was Lee Edwards
Was he a manager, a supervisor of all these
Yes, he was.
And then we get to the fifth and final element.
t~afficking
From
10
all this, from these series of drug
11
with whom he associated with five or more people, with
12
respect to whom he was an organizer or supervisor or
13
leader, did Lee Edwards obtain substantial resources?
14
fifth and final element.
15
violations
The
Jimmie Edwards testified that Lee Edwards hasn't
16
worked a job since 1974.
17
lived in; 460 Taft Place and 1522 Taft street.
18
apartment building on 5th and Grant, a building which is no
19
longer there but he had it when it was there.
20
Edwards collected rent there.
21
•
Who gets the
2
4
•
'Who controls the whole organization?
1063
And yet he had two houses that he
He had an
Lorri
He had the house on 7th and Virginia, he had the
22
duplex at 49th and Kentucky, he had the liquor store
23
Jimmie Edwards said he helped count out close to $100,000
24
for, he paid for it.
25
Lorri stopped at· the Cadillac dealer, he wanted a car.
~hat
He had the Cadillac where he andPage 58 FINAL ARGUMENT - GOVERNMENT-
•
1
Sure, we'll stop in, we'll pick one out.
2
out, go home and count out $30,000 and bring it back.
4
money they had laying around at home.
5
there was something like $6,000 in that purse in the
6
bedroom, there was over $5,000 in the bed post that came
7
off.
8
to $20,000 that was hidden in the fireplace and that when
9
that money was first put in there, there was origfnally
10
11
The day of search
And Lorri Edwards testified that the agents missed 15
$40,000 in that fireplace.
Did Lee Edwards obtain substantial resources from his
12
drug trafficking activities?
13
Edwards guilty of maintaining a continuing criminal
14
enterprise?
15
answer to that, ladies and gentlemen, is yes.
16
•
They picked one
The Cadillac that he paid $30,000 cash for out of
3
•
1064
The answer is yes.
Is Lee
All the elements have been proven and the
And then after we get past the fir$t four counts, the
17
conspiracy counts and the continuing criminal enterprise
18
counts, we get to Counts 5 through 11, the controlled buys.
19
And there are seven counts altogether even though there
20
were controlled buys made on six different dates by Walter
21
p~ttigrew,
22
dates, Walter Pettigrew purchased two different kinds of
23
drugs from Lee Edwards; heroin, cocaine.
24
those is the subject of a separate count.
25
there are a total of seven counts with regard to those six
and the reason for that is that on one of those
So each one of
And that's whyPage 59 FINAL ARGUMENT - GOVERNMENT .
•
1
dates on which he made controlled
".
3
quickly.
4
out table here with the dates on them, maybe some of you
5
noticed the dates as they ran through, March 23, April 23,
6
June 11, September 1, September 5 and October 10.
Count 5, March 23, 1990, you saw the drugs laid
Count Number 5 was March 23, 1990, the first of those.
8
Walter Pettigrew came up from Indianapolis, met with Ella
9
after meeting with the federal agents and other law
10
enforcement officials, met with Ella Lawrence at 460 Taft
11
Place, went from there to 1522 Taft street.
12
answer, knocked on the door, there was no answer.
13
a pay phone nearby because they figured somebody had to be
14
home and just weren't
15
phone nearby, called the house, then they got an answer.
16
They returned to the house, Lee Edwards opened the second
17
floor window, throws the keys down to Pettigrew, and
18
Pettigrew and Ella Lawrence enter the residence.
19
surveillance agents testified they sawall this, they saw
20
the second floor window open, they saw the keys thrown
21
down.
22
•
buys~
Turning first to Count 5, let's run through them
2
7
•
1065
answering~
There was no
Went to
So they went to the pay
The
Walter Pettigrew was provided with $600; he purchased
23
a quarter ounce of heroin from Lee Edwards for $500.
He
24
returned the $100 change to Karen Pertuso.
25
testified that the substance that was purchased on March 23
The chemistPage 60 FINAL ARGUMENT -
•
•
1
was heroin of a potency of about 4.7 percent.
'.
And Vince
2
Balbo testified early in the trial that street level heroin
3
is about anywhere from two to eight percent.
4
was this purchase.
4.7 percent
5
Count 6, distribution of heroin on April 23, 1990.
6
This date Walter Pettigrew was provided with a thousand
7
dollars.
8
to 460 Taft Place again, meet with Ella Lawrence.
9
together they go to the Black Horseman Liquor
This date he meets with Officer Roper and they go
Then
5t6~e.
10
Together they all enter the liquor store through the
11
employee's entrance.
12
walter Pettigrew goes into a separate room with Lee
13
Edwards; Walter Pettigrew purchases two quarter ounces of
14
heroin for $500 each, spends about a thousand dollars.
15
chemist testified that there were two packets of heroin
16
turned into the chemist, one of them weighed 5.8 grams, was
17
heroin, and in a potency of 4.8 percent.
18
weighed 5.7 grams, was heroin at a level of 4.7 percent,
19
about the same levels as the heroin purchased before.
20
purchases of heroin on that
count 7.
21
•
1066
GOVERNMEN~
The
The other one
Two
date~
June 11, 1990, Walter Pettigrew comes up
22
again.
This time he meets with Detective Dorsey instead of
23
Roper and he's provided with a thousand dollars again.
24
with Detective Dorsey he goes to the Black Horseman Liquor
25
store and they find that that's
closed~
So they go to aPage 61 1067
FINAL ARGUMENT - GOVERNMENT
•
",
1
pay phone nearby, they call Lee Edwards and then they go to
2
1522 Taft street.
3
instructions, don't bring your friend in.
4
around the corner.
5
would come in, how much traffic they'd have, where they
6
could park, where they could meet.
7
•
Park the van
Lee Edwards was particular about who
So they parked the van around the corner.
Detective
8
Dorsey observes Walter pettigrew go to Lee Edwards' house
9
at 1522 Taft street.
Special Agent Becker later testifies
10
that he was the surveillance agent and that Pettigrew went
11
to 1522 Taft Street.
12
residence and he comes out with two paper packets, walks
13
back to the van.
14
Edwards' instructions.
15
dated those paper packets.
16
morning, perhaps you saw those paper packets with Dorsey's
17
signature and the date of June 11, 1990, on them.
18
Pettigrew entered Lee Edwards'
They drive the van past the house per Lee
Dorsey testified that he signed and
You saw that evidence this
The chemist combined both packets into one, so both
19
papers were in the same plastic bag.
20
two quarter ounces weighed 11 grams and were heroin.
21
•
Lee Edwards gives Pettigrew
count 8.
And together those
On September 1, 1990, Pettigrew this time
22
is given $4,000.
He gives $3100 to Lee Edwards and he
23
waits there a long time, and this time he is told that
24
there was -- that the money and drugs were lost in a bust
25
in Chicago,
something,~ent
wrong.
So Lee makes some kindPage 62 FINAL ARGUMENT - GOVERNMENT
•
1
of an accommodation with him.
2
cocaine, gives him $1250 in cash back, Lee still owes
3
$1600.
4
Pettigrew returns the rest of the money to the -- to
Karen Pertuso.
6
grams of cocaine at a potency of 87 percent.
count 9.
The chemist testified that that was three
September 5, 1990, only four days later
8
because -- because Lee Edwards owes Pettigrew money, they
9
have to finish this deal up now.
So Count 9 and Count 10,
10
September 5, 1990, $900 is given to Walter Pettigrew to go
11
with the $1600 that Lee still owes him.
12
with Lee, he purchases one ounce of cocaine and a half
13
ounce of brown heroin.
14
heroin.
15
24.7 grams of cocaine at a potency of 83 percent, and 14.1
16
grams of heroin at a potency of 1.2 percent.
17
is cutting more into the drugs at this point.
18
•
Lee gives him $250 worth of
5
7
•
1068
Pettigrew meets.
Hence the two counts, cocaine and
And the chemist testifies that those exhibits are
Lee Edwards
And finally count 11, the last controlled buy which
19
starts on October 10 -- I mean it starts on October 9 and
20
goes into the hours of October 10.
21
at Lee Edwards' house for a long, long time.
22
he's given $9500 by the federal
23
purchase some heroin that's of greater purity than what
24
he's gotten before.
25
Edwards' house, they spot two suspicious characters
And again Pettigrew i$
agents~
On this date
He wants to
And Pettigrew while he's at LeePage 63 FINAL ARGUMENT - GOVERNMENT
•
1
9utside, suspicious in that they might be law enforcement
2
agents.
3
else out to drive through the neighborhood and check it
4
out.
6
waiting for quite some time, Pettigrew purchases three
7
ounces of heroin for $1800 an ounce or a total of $5400
8
from Lee.
9
more pure heroin, just a gram, for $600.
And" after some bickering gets a gram of some
And the cbemist
10
testified that what he analyzed was 85.8 grams of heroin,
11
the three ounces, at a potency of 4 percent, about the same
12
as the other sales, most of the other sales that Edwards
13
made.
And he also analyzes one gram, 1.0 grams exactly,
14
15
probably using that triple beam balance scale to measure it
16
out exactly, 1.0 grams of heroin at a potency of 47
17
percent.
Counts 5, 6, 7, 8, 9 and 10 and 11, the controlled
18
19
buys.
20
heroin to Walter pettigrew on all of those dates?
21
answer is yes, ladies and gentlemen.
22
•
And Lee Edwards sends walter Pettigrew and someone
And they do, and they come back and finally after
5
•
1069
Is Lee Edwards guilty of distributing cocaine and
The
And then we get into Counts -- before we go on, let's
23
talk a little bit about that one gram of heroin at a
24
potency of about 47 percent.
25
doing a little simple math, I think you can calculate that
May not sound like much, butPage 64 FINAL ARGUMENT - GOVERNMENT
•
1
if" you took that one gram of 47 "percent heroin and
2
converted it, mixed it with some of that mix, that lactose
3
that you saw, into four percent, four percent mixture of
4
heroin and then sold it, you would get close to 140 grams
5
of heroin from that one.
6
•
Let's go on to Counts 12 and 13.
Possession with
7
intent to distribute cocaine and heroin, hence the two
8
counts.
9
•
1070
And that relates to the date of the search.
October 11, 1990, the federal agents searched 460 Taft
10
Place and they found a number of items, a number of which
11
you're seen.
12
container.
13
testimony, he said that when he was at Lee Edwards' house,
14
he said that Lee Edwards had this orange plastic container
15
like that, with a lid, that he kept the drugs in.
16
saw some of Exhibit 39, orange plastic container with the
17
lid, and there's a photograph of that you'll see with the
18
lid open and some substance in it.
One of them was that orange plastic
And if you remember Willie McIntosh's
And you
And that was found.
19
And also there was testimony about a Seagrams bag.
20
You remember Flakes Kellum talked to Lee Edwards during one
21
of the telephone calls and Lee said, where's that Seagrams
22
bag, did Lorri leave it up there?
23
what is that Seagrams bag?
24
keep liquor in; Lee kept drugs in it.
25
And the
photograph~
And he says, Flakes,
And he says, it's a bag you
will go into the juryroom wherePage 65 FINAL ARGUMENT - GOVERNMENT
•
1
you can get a closer look at them, it's Government Exhibit
2
16, that can that you saw.
3
orange plastic container with the lid and substance in it,
4
but in this can it shows the Crown Royal bag, commonly
5
referred to as the Seagrams bag.
Seagram is Crown Royal.
6
Excuse me, ladies and gentlemen.
A blue bag that you keep
7
8
9
•
•
1071
'.
It also shows that little
that you keep liquor in.
And there'.s Lee Edwards' Segrams bag.
And inside that
bag, the agents testified, was some clear plastic
10
containing a powdery substance.
11
you saw the Planter's peanut can and the Dairy Rich
12
container, and the chemist testified that those contained
13
lactose.
14
And ladies and gentlemen,
And Jimmie Edwards, he pointed out some items on
in the Planters
15
another
16
peanut can is lactose which is browned in the oven to mix
17
with brown heroin so the colors match.
18
in the Dairy Rich can that you mix with white heroin and
19
the color is matched there too.
20
that you mix with cocaine, and he identified all those
21
things.
phot~graph
and he said this is
And this is lactose
And he said this manitol
22
But getting back to the other items that were seized
23
that day, the orange plastic can, the Seagrams bag, those
24
were the two items that the drug items were found in.
25
the chemist testified in those -- these two items, two cans
AndPage 66 FINAL ARGUMENT - GOVERNMENT _
•
1
2
And what kind of drugs?
12~6
grams of cocaine at a
potency of 85 percent and 13.0 grams of heroin at a potency
4
of 42 percent.
5
at four percent.
6
sorry, I got my math in the wrong
7
grams that translates to 140 grams at a four percent
8
solution, not the one that was purchased earlier.
You remember Pettigrew was getting heroin
As to my math, ladies and gentlemen, I'm
spot~
This is the 13
But this 13 grams of heroin that was found in -that
10
container, if you mix that or cut that with the lactose to
11
make a four percent solution, it would come out to 140
12
grams of heroin.
13
lactose, the brown lactose, the manitol was there.
14
The cutting agents were there, the white
And the tools were
The grinder, the coffee
there~
15
grinder that was used to blend the drugs.
16
the paper cutter that were cut
17
that were in that container in the bag, the measuring
18
spoons that Lee Edwards testified about -- that Jimmie
19
Edwards testified about, he testified he used the card to
20
smooth off the measuring spoons.
21
The triple beam scale was there.
22
•
were lactose and these two items were drugs.
3
9
•
1072
up~
The paper and
The measuring spoons
The tools were there.
Ladies and gentlemen, that potency, that 47 percent
23
-- 42 percent potency of heroin and those cutting agents
24
and that scale and all those items were there for a
25
purpose, and that purpose is to mix the heroin, and thePage 67 FINAL ARGUMENT - GOVERNMENT
•
1
purpose of mixing it is to distribute or sell it to others.
2
So this wasn't heroin that Lee Edwards had there for his
3
own personal use; this was heroin he possessed with intent
4
to distribute.
5
And after seeing all that evidence, ladies and
6
gentlemen, if you ask yourselves was Lee Edwards guilty on
7
October 11, 1990, of possession with intent to distribute
8
cocaine and possession with intent to distribute heroin,
9
the answer is yes.
10
•
And finally Count 14, before you is the telephone
11
count, using or carrying a firearm during and in relation
12
to a drug trafficking crime.
13
crime and that is possession with intent to distribute
14
cocaine and heroin on October 11, 1990_
15
and carrying a firearm.
16
that day.
17
that was fired that day, and there is an instruction that
18
the Judge will read to you that says the gun doesn't even
19
need to be fired during the drug trafficking crime, it's
20
sufficient if the gun is in close enough proximity that the
21
defendant could possess or control it_
22
•
1073
We have a drug trafficking
And we him using
Lee Edwards fired a .357 revolver
It was placed into evidence; it was the only gun
Well, in this case Lee Edwards not only possessed or
23
controlled the gun, he fired the gun_
Not only were there
24
no other guns fired, but there was no one else close to
25
this gun.
This gun was found right by the bedroom door,Page 68 FINAL ARGUMENT - GOVERNMENT
•
1
you'll see photographs of that, .right where Lee Edwards
2
was.
3
of the bedroom.
4
Is Lee Edwards guilty of using and carrying a firearm
during and in relation to a drug trafficking crime on
6
October 11, 19901
8
9
And again the answer is yes.
Let's skip the communications counts for now and go
on to James Davis.
James Davis is also charged in Count 3 of the
10
indictment with Lee Edwards and all these others with
11
conspiring to violate federal drug trafficking law.
12
Lee's arrangement with James Davis, Little James, was the
13
same as his arrangements with Flakes Kellum and James
14
Barefield and some of the other workers who worked for Lee
15
over the years.
16
to James, James would sell the drugs and then he'd give Lee
17
the money and keep a commission for himself.
18
more drugs then and sell those.
19
•
And Lorri Edwards was all the way on the other side
5
7
•
1074
And
And that is that Lee would front the drugs
And he'd get
And Lee also sent customers to James Davis the same
20
as he did to Flakes Kellum.
You heard telephone
21
conversations where Brett Guyton answered the phone.
22
Elaine Hughes called on one particular conversation and-
23
Brett told her -- try to remember these conversations if
24
you will, Brett Guyton said, hey, this is Lee, and she says
25
don't lie to me.
And she says what you doin' Brett.
ThenPage 69 FINAL ARGUMENT - GOVERNMENT
•
•
1
she says, I want a 20 white.
2
background saying she can go to Little James and get that.
3
And he said too many people been buying.
4
talking in the background.
5
do, he give out Little James' phone number, 886-3611.
And you hear Lee in the
That's Lee
And so what does Brett Guyton
6
And Willie Edwards answers the phone and during one of
7
the tapes of Willie Edwards, the very last one you listened
8
to as a matter of fact yesterday, willie Word
9
you remember that conversation, willie word says, I want a
10
and I need it bad, man.
11
everyone's asleep.
12
little James still got some?
13
cai~s.
If
And Willie Edwards says
And finally Willie Word says, well, is
And Willie Edwards says yes and he gives out his phone
14
number, 886-3611.
15
more, so he wants Willie Edwards to do a conference call
16
but he won't do that.
17
James Davis.
18
•
1075
And then Willie Word even wants a little
But again, referring customers to
And then you heard James Davis' telephone calls.
And
19
James Davis in his second call
20
on September 19, 1990, and in the second of those calls, he
21
discusses money with Lee Edwards.
22
285, lowe you 115, add them together, that makes 400.
23
then they talk back and forth some more about the money,
24
James Davis and Lee Edwards if you remember that.
25
And when James
Ba~efield
there were two calls made
And he says, I gave you
And
testified, he said if I getPage 70 1076
FINAL ARGUMENT - GOVERNMENT .
•
1
50 pags,
2
$500, but lowe Lee only $400 because I get $2 off for each
3
bag I sell for those 50 bags.
4
bag discounts, so he owes $400, so when James Davis says I
5
gave you 285, lowe you 115, well,
6
equals 400, $400 made sense.
7
dickering.
•
So he gets his $2 or dime
I
add those together, it.
And then they'd do some more
thing Barefield was doing, he'd take 50 bags
himsel~
and
10
then turn the money in to Lee.
11
conversation, Lee Edwards says take care of this, then you
12
can get 50 more.
13
sell for Lee Edwards.
And then·later in that same
50 more what?
50 more bags of drugs to
And then on September 21, James Davis calls and he
14
15
asks to speak to Lorri.
16
Lee said, you want to speak to my wife?
17
I'll speak to you.
18
James says I got 400 now.
19
From other conversations it's evident that bill means a
20
hundred dollars.
But Lee had to answer the phone,
He says, well,
And so he speaks to Lee that day.
And
And Lee says you owe me a bill.
You owe me a bill, so now you owe me a nickel.
21
•
usually get 50 of drugs from Lee to sell, that's
It made sepse because James Davis was doing the same
8
9
I
Or
22
that would be $500.
But James says I got 400 now, I want·
23
to drop that off and pick up some
24
he says, I'm telling you now so you can get some ready for
25
me.
more~
And he says they're already made.
And he asked Lee,
And he says I'llPage 71 FINAL ARGUMENT - GOVERNMENT.
•
1
check and see, I may have enough of them made but they're
2
always made.
3
you can call when you get ready.
4
-.
They're talking
5
about drugs.
6
Davis owes Lee Edwards and they're talking about James
7
Davis picking up more drugs to sell.
9
They're talking about the money that James
Then there's another conversation where James Davis
is talking to Phenether Buchanan, they talk about paper.
10
And she says all he has is thin paper, all Lee has is thin
11
paper.
12
~asn't
13
And James Davis says thin paper is all right, there
nothing wrong with that .
Why worry about paper at all?
Because he's dealing.
14
Because he's working for Lee and the drugs need to be
15
packaged.
16
paper at all.
17
paper, the same as Flakes Kellum and Lee would sometimes
18
discuss paper.
19
•
And at the end of the conversation, Lee says
What are they talking about there?
8
•
1077
If he were just a user, he wouldn't worry about
But he's dealing for him/so he discussed
Why would Brett Guyton and Willie McIntosh give out
20
James Davis' phone number to drugs customers?
21
working for Lee.
22
the same as they can be referred to Flakes.
23
Because he's
And the customers can be referred to him
Is James Davis is guilty of conspiring in count 3 with
24
Lee !dwards to violate drug trafficking laws to distribute
25
heroin and cocaine?
The answer is yes.Page 72 FINAL ARGUMENT - GOVERNMENT"
••
1
the telephone counts.
3
and Lee Edwards on September 19 when they talk about $285,
4
115 added to that, that makes 400 and then they get 15
5
more, that's Count 25.
6
Lee Edwards are charged in that count.
7
on September 21 where James Davis talks about he has 400,
8
we'll come by and get more, that's Count 26, ladies and
9
gentlemen.
Those two calls between James Davis
This Count 25, both James Davis and"
And that other call
And then before we go on, let's deal with Count 38,
11
the last of the telephone counts that we presented to you.
12
On September 4, 1990, if you recall in that conversation,
13
Flakes Kellum called and that's when he said I lost my
14
ticket, and he wants Lorri to check with Lee and see what
15
his order was.
16
girls, 26 girls.
17
Lee Edwards is charged.
18
•
And before we go on to Lynetta Durr, let's talk about
2
10
•
1078
And she says it's 130 brown, eight 25
That was Count 38 of the indictment where
And in that case, ladies and gentlemen, as I
19
indicated to you earlier, Lee Edwards can operate through
20
others; he's guilty as through he's personally committed a
21
crime if he's directing others.
22
Lorri is checking with Lee to see what the ticket says,
23
then she reported to Flakes what Lee instructs her to.
24
25
And in that conversation,
~nd
Then we get to Lynetta Durr who's also charged in
Count 3 of the indictment with conspiring with the othersPage 73 FINAL ARGUMENT - GOVERNMENT
•
1
to~violate
2
testified yesterday, yesterday morning just before lunch,
3
that when she first started with Lee, she worked out of a
4
house at 2nd and Marshall street.
5
Jimmie Edwards said that Lee had a house on 2nd and
6
Marshall street and somebody set that on fire and it was
7
burned.
8
to that house?, She said it burned.
9
it's one and the same house.
And Gwendolyn Campbell
And if you recall,
And I asked Gwendolyn Campbell, whatever happened
So I suggest to you
11
at a place behind a fire station somewhere at 4th and
12
Virginia near a fire station.
13
building on Grant Street that we've heard about.
14
worked at this house on 7th and Virginia and we've heard
15
about that h.ouse too.
Then I worked the apartment
Then I
And I worked at 460 Taft.
I asked her which of those places did Lynetta Durr
16
17
work at?
18
and Marshall, Lynetta Durr worked with her at all those
19
locations, all the way through 460 Taft.
20
testified that when she met Lee and married him, Lee
21
already had that house at 460 Taft.
She says all of them.
Lynetta Durr worked at 2nd
And Lorri Edwards
Lynetta Durr, ladies and gentlemen, worked for Lee,at
22
•
drug trafficking laws.
She said I started at 2nd and Marshall, then I worked
10
•
1079
23
all those locations all the way up to and including 460
24
Taft.
25
Edwards.
And Lee was already there before he even met LorriPage 74 1080
FINAL ARGUMENT - GOVERNMENT
•
1
'.
2
Jimmie Edwards says that Lynetta Durr was Lee's woman then
3
back when Lee had the place on 2nd and Marshall and up
4
until he met Lorri.
5
everything.
6
Lorri did for Lee Edwards later.
7
customers, she sold the drugs, kept track of the drugs,
8
packaged them.
9
10
11
•
12
13
And he said she did a little of
I suggest to you that she did the same as
MR. McGRATH:
She met the drug
I object to him suggesting something
that's not in evidence.
THE COURT:
Objection overruled.
The jury heard the
evidence, they'll decide what the evidence is .
MR. BELLA:
Jimmie Edwards himself testified that she
14
did that.
15
Durr sold drugs out of those locations the same as
16
Gwendolyn Campbell did.
17
•
So Lynetta Durr worked at all those locations.
And Gwendolyn campbell testified that Lynetta
Also you heard some telephone conversations of the
18
usual orders for drugs.
19
usual order?
20
conversations, I want a 20, I want 30.
21
usually heard was 50 or $65 occasionally, got into a dip
22
quantity, but that was rare to get into a few hundred
23
dollars for a dip quantity.
24
25
Dime.
And
I
asked Flakes, what was the
Dime bags, $10 bag.
You heard a
The highest you
I think the testimony was it was $275.
Sometimes
people would call in and order half a dip, or would orderPage 75 FINAL ARGUMENT - GOVERNMENT
•
1
palf an a T.
2
Lee thought they meant half a dip, just charge him a
3
hundred and some dollars.
4
T.
5
discount
6
100.
7
•
One person called in and wanted half a T and
And they said, oh no, no, half a
Then he said oh, it's $60.
And finally he gave them a
that time he gave them two, two half T's for
But those were -- those were the bigger orders.
But
8
the ones you- hear most about were 20, I want 30, something
9
like that.
You heard two telephone calls where Lynetta
10
calls in.
11
calls in and she says I want to get the same as I got
12
yesterday; 300 girl and a dip of boy.
13
of boy.
14
she got 300 girl and a dip of boy?
15
much heroin.
16
drugs?
17
ladies and gentlemen, she's selling the drugs.
18
•
1081
Well, you heard the first call where Lynetta
300 girl and a dip
The same as I got yesterday, two days in a row,
What is she doing?
Or is she selling it?
That much cocaine, that
Is she just using the
Those kinds of quantities,
And then you heard the conversation where Lynetta
19
Durr -- where Lorri Edwards talks with Elaine Hughes.
20
Elaine Hughes calls in and Elaine says I want a 50 and
21
Lorri says I'll send Lynetta, Lynetta Durr.
22
want that, she says I'm afraid of Lynetta, I don't want her
23
to meet me.
24
agrees to meet Elaine Hughes at 5th and Taft.
25
he's getting it ready now.
Elaine doesn't
But Lynetta gets on the phone anyway, and she
And she says
It's 8:25 now, I'll meet you inPage 76 FINAL ARGUMENT - GOVERNMENT
•
1
2
. a half hour at five minutes to nine.
That one incident, ladies and gentlemen, where Lynetta
on the phone, discusses the deal with the drug
4
ge~s
5
customer, agrees to meet, agrees to go out and deliver the
6
drugs to her the same as Willie McIntosh and Brett Guyton
7
were doing.
8
for Lee in addition to ordering those quantities of drugs
9
earlier.
10
And that's what she agreed to do on that day
And as if to confirm it all, as if .to confirm
11
Gwendolyn Campbell's testimony that Lynetta Durr was
12
selling for Lee, as if to confirm the amounts that she was
13
buying, that were for sale, we have the very last
14
conversation of Lynetta Durr with Lee Edwards on the
15
afternoon of October 11 which was the day of the search.
16
And on that day Lynetta says I saw the FBI, I saw
17
they were at the Black Horseman Liquors, they got Flakes.
18
And you heard testimony that there were a number of search
19
warrants executed that day, on October 11.
20
Durr saw them.
21
Taft place.
22
•
And Elaine Hughes
says I' 11 be there at a quarter "till nine.
3
•
1082
t~e
DEA,
And Lynetta
And we know that these agents were at 460
And what does Lynetta tell Lee Edwards -- I mean Lorri
23
Edwards?
She says get the money out of the house.
And
24
then she goes on in that conversation and she says they're
25
trying to guess who it is that talked to the police; was itPage 77 FINAL ARGUMENT - DEFENDANT
•
1
Little James, was it Billy Tendall who ran this drug house
2
~t
3
think Lorri did, testified about Billy Tendall running the
4
drugs out of the house at 7th and Virginia.
5
•
7th and Virginia?
A few
peo~le
testified about that, I
So they talked about who tipped off the police and
6
then Lynetta says, you know, when we had that house on 7th
7
and virginia, Billy was messing with Lee because Lee found
8
out that Billy was selling it there, and she said, when
9
was selling, I would help Lee but Billy kept saying over
I
10
there, he was selling his own.
11
to confirm it all, the words from Lynetta's own mouth about
12
selling drugs for Lee Edwards out of the house at 7th and
13
Virginia, the same as Gwendolyn testified.
14
15
16
•
1083
D~VIS
When I was selling, as if
Did Lynetta Durr sell drugs for Lee, was she part of
the conspiracy charged in Count 3?
The answer is yes.
Ladies and gentlemen, thank you for your continued
17
attention, thank you for your patience.
18
has an opportunity to address you and I'll have an
19
opportunity to address you briefly after they do.
20
you for your patience and continued attention.
21
THE COURT:
22
with final argument
23
MR. TRUITT:
Defense counsel
Thank
Counsel for Defendant Davis may proceed
Thank you, Your Honor.
May it please
24
the Court, counsel for the Government, fellow defense
25
counsel, ladies and gentlemen of the jury.
I'm honored toPage 78 FINAL ARGUMENT - DEFENDANT DAVIS
•
1
stand before you.
2
somebody who tries cases as
3
care to admit, there's a greater honor than standing in
4
front of a jury and having the privilege of addressing a
5
jury on behalf of a client.
6
before you.
7
•
As
I
I
don't think for a trial lawyer,
I
have for more years than
So
I
I
am honored to stand
mentioned briefly in opening statement, you are
8
-a jury, you're something unique and distinct.
9
twelve individuals anymore, you are a jury and your
You're not
10
heritage goes back hundreds of years.
11
jury system was created, the citizens felt that the fate of
12
a citizen accused was much too important to leave to the
13
king and to the king's ministers and to the king's judges.
14
So they wanted a group of citizens to stand between the
15
king and his ministers and his judges and decide the fate
16
of a fellow citizen who had been accused of a crime.
17
•
1084
In England when the
We don't have to worry about the king appointing
18
judges anymore, we have an independent judiciary.
But even
19
when this country was founded, the persons who wrote the
20
Constitution felt that the right to a trial by jury was so
21
important they insisted that it be mentioned in two
22
separate places in the Constitution, the only
23
Constitutional right that is so mentioned.
24
you are called upon to act as a jury to determine the fate
25
in this case of James Davis who has been charged with a
And once again,Page 79 FINAL ARGUMENT - DEFENDANT
•
1
2
•
number of offenses.
As part of your selection process, you made certain
3
promises to us.
4
you were making promises, but when the Judge asked you
5
about do you have any problems with the concept of law
6
presuming James to be innocent?
7
And that is a promise.
8
promises and you have to make good on those promises.
9
you promised us that just because James stands here accused
10
•
1085
D~VIS
You maybe weren't aware of the fact that
You said no you didn't.
And now we have to call in those
And
of a crime doesn't mean that he's guilty.
11
You promised us that you would not require James to
12
prove anything, you would not require James to prove his
13
innocence.
14
Government produce evidence in the form of witnesses or
15
exhibits that would extinguish the last reasonable doubt in
16
your mind.
And you promised us that you would make the
17
And you promised us that the decision whether James is
18
guilty or innocent, that that decision will be based solely
19
on the evidence that you have heard and not on your
20
personal feelings, not on your personal beliefs about
21
drugs, not on television shows that you may have seen or
22
magazines articles that you have read, but only on the
23
evidence that you have heard in this courtroom and the law
24
that the court gives you.
25
It has been said that there are three concepts orPage 80 FINAL ARGUMENT - DEFENDANT DAVIS
•
1
th~ee
2
defendant, a citizen accused, and the jury, the group of
3
twelve that come together.
4
duty, and courage.
5
that we have to trust -- James and
6
you're going to keep the promises that you've made to us.
7
And from past experience I have all the confidence in the
8
world that you 'are going to keep those promises.
9
•
traits that characterize this relationship of a
And these concepts are trust,
We talked a little bit about trust,
I
have to trust that
The second concept is duty, and it relates to your
10
responsibility or your role.
11
all the lawyer shows, the Perry Masons and the defenders
12
and the other ones.
13
I'm -here is a result of those hours that I spent watching
14
the black and white TV.
15
current Perry Mason series is misleading because that
16
defines the jury's job or defines the lawyer's job as
17
somewhat as solving a mystery.
18
•
1086
As a kid I grew up watching
And I'm sure that in large measure why
But those shows and even the
Your job is not to solve a mystery.
And I'm going to
19
be painfully candid with you on how I view and what
20
believe the law defines as your responsibility, your duty
21
in this case.
22
evidence and determine if that evidence has convinced you
23
beyond a reasonable doubt that James in fact is guilty of
24
the crimes charged.
25
or innocence.
I
And your duty is to listen to all of the
Your
Your duty has nothing to do with guilt
d~ty
involves provable guilt, proven
_a_":'~.
~
..._,
~ .... _.~ •. _ •.• ,
.'.1Page 81 FINAL ARGUMENT - DEFENDANT DAVIS
•
1
guilt.
2
and guess.
3
You have heard during the course of this trial a great
deal of guess and speculation.
witness after witness came
5
on and said, well, I think or I
guess or -- and when I
6
asked them on what do you know, what did you see with your
7
own eyes, what did you hear?
8
but I mean he has to be, I mean common sense tells you, I
9
just know.
Well,
I
didn't hear anything,
Witnesses can guess, witnesses can speculate.
You are
11
not allowed that luxury, you must know.
12
be based on hard evidence and hard facts.
13
assume because they saw James at the house or James was on
14
the phone, but you may not
15
James
i~
Your decision must
People can
assume~
charged with basically two crimes; Count 3
16
and then Count 25 and 26 are separate charges of the same
17
crime.
18
has been defined or understanding the crime of conspiracy
19
has been defined as akin to trying to nail jello to a wall.
20
•
Your duty does not leava any room for speculation
4
1e
•
1087
The first crime is conspiracy, and that conspiracy
Conspiracy has a long and perhaps notorious tradition
21
in this country.
In 1865, a young sympathizer to the
22
confederate cause snuck into the Ford's Theater in
23
Washington, D.C., and shot the President of the United
24
States, Abraham Lincoln.
25
from the balcony and broke his
In making his escape, he jumped
leg~
As he was winding hisPage 82 FINAL ARGUMENT - DEFENDANT DAVIS
•
through rural Virginia trying link to up with some
1
~ay
2
confederates, he sought treatment from a country doctor by
3
the name of Dr. James Mudd.
5
John Wilkes Booth, and that crime was conspiracy,
6
conspiracy to kill the President of the United States.
7
James Mudd was convicted of that crime, hence the popular
8
saying your name is Mudd.
9
to this day to have his name cleared and the Government has
And his heirs have been trying
10
acknowledged that they had no evidence to link James Mudd
11
with the agreement or the plan to kill the President of the
12
united States.
13
with.
14
But that's the kind of crime we're dealing
Conspiracy focuses on an agreement, an agreement to do
15
something the law forbids.
16
agreement, it's more of a partnership, it's more of an
17
enterprise, a mutual involvement.
18
isolated, sporadic events.
19
•
And Dr. Mudd treated him.
Dr. Mudd was later charged with a crime for treating
4
•
1088
But it's more than just an
More than a series of
But we know -- and the Court's going to tell you that
20
certain things are not part of the conspiracy.
21
going to tell you that mere presence at the scene of the
22
crime, the fact that someone is there where an illegal
23
activity is taking place, even if the person is there
24
knowing what is taking place, does not mean the person is
25
g~ilty
of conspiracy.
The Court's
Mere association with conspiratorsPage 83 .1089
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
2
is, merely purchasing drugs from a conspiracy does not
4
establish necessarily membership in that conspiracy.
5
you find that there was merely a buyer-seller relationship
6
without more, then the evidence is insufficient to convict
7
James or anyone else of the crime of conspiracy.
9
We heard a fair amount of evidence about
So if
Jame~and
know quite a bit about James from that evidence.
we
People
10
have known James for awhile, but as far as knowing him at.
11
4th and Taft, they didn't know him until shortly before the
12
raid on October 11, and
13
I
believe the tapes bear that out .
James was an addict, and he was living with a girl
14
who was also an addict.
15
deal of drugs just to supply his own habit.
16
Government wants you to believe that somewhere in this
17
process, James stepped over the line, James went from
18
someone who was merely using drugs and in a buyer-seller
19
relationship, which does not constitute a conspiracy, to
20
someone who was selling drugs
21
comes into play.
22
•
The second thing that the Court is going to tell you
3
8
•
is insufficient.
And James had a demand for a great
A
Now, the
And here's where this duty
Has there been sufficient evidence to convince you
23
beyond a last reasonable doubt that that is in fact the
24
state of affairs?
25
Now, there is
anotbe~
bit of law the Court's going toPage 84 FINAL ARGUMENT - DEFENDANT DAVIS
•
And that also
~hare
2
involves conspiracy.
3
number of conspiracies, but your duty is to examine the
4
evidence and determine if the evidence supports this one
5
single conspiracy that has been
And that is that there may be a
charged~
We have a system of rules and I'm hardly going to get
7
somewhat technical and you're probably going to say, oh,
8
those darn lawyers again, and what not, that's what's wrong
9
with this country.
But whether those are your feelings or
10
not, those feelings we have a system and you have taken an
11
oath as we all have when we become lawyers to uphold that
12
system.
13
charges and you have to look at them very specifically.
14
And you have to determine whether the evidence supports
15
those charges or does not support those charges.
16
•
sha~e
with you.
1
6
•
with you and I need to
1090
And that system is that you have to look at the
In this case, the indictment, the accusation, the
17
charge says that James together with Lynetta and a lot of
18
other people had a conspiracy, a single conspiracy, and
19
they have to convince you beyond a reasonable doubt.
20
if you find -- the Court's going to instruct you, that if
21
you find that there were other conspiracies, even though
22
you may find that James was a member of another
23
but was aot a member of this large conspiracy, then you may
24
not consistent with your oath find James guilty and you
25
must find him not guilty.
But
conspira~yPage 85 . 1091
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
a teacher I've
I see a blackboard, I have to have chalk in my hand and
3
start drawing, but I'm going to refrain from that.
4
one group -- at least the evidence indicates that we have
5
one group that were in the home, whatever the home was,
6
where it was -- that took orders, distributed orders, kept
7
the books,
9
what~ver,
We have
of a drug enterprise.
And there is evidence that there were other people who
had a different relationship, had a different arrangement.
10
It was a supplier-suppliee, a buyer-seller relationship.
11
And it's respectfully contended, we think the evidence
12
clearly shows that there were at least two separate
13
agreements, two separate conspiracies; one directed toward
14
the acquisition and purchase and packaging and
15
distribution, and another one totally separate and
16
distinct.
17
•
B~ing
2
8
•
Let's analyze the situation.
And pursuant to the law, we contend that the evidence
18
clearly points you in that direction.
19
will tell you, if the defendant was not a member of the
20
conspiracy charged in the count you are considering, you
21
must find, must find that particular defendant not guilty
22
of the conspiracy charged in that count even though that
23
defendant may have been a member of some other conspiracy.
24
The second charge James is charged with is the use of
25
And as the Court
an interstate facility,'in this case the telephone, toPage 86 FINAL ARGUMENT - DEFENDANT DAVIS
•
1
facilitate a drug transaction
2
very technical with you, and ask that you view this
3
evidence in a very technical fashion as the law requires
4
you to do.
5
How do we know, how do you know that the person on
the phone on the 19th and 21st of September is this man
7
sitting right here?
9
Now, the Government had Lorri Evans -- Lorri Edwards
on the stand and could have very easily asked Lorri
10
Edwards,' listen to this phone conversation, who were you
11
talking to?
12
There was no identification of the voice on that phone as
13
the person who is seated in this chair.
14
15
16
•
And again I'm going to get
6
8
•
A
1092
And she could have told us.
But they didn't.
There may have been some names used, but as far as
specifically identifying, there was none of that.
And when there isn't that evidence, they turn a very
17
difficult job into an impossible task.
18
you to ask you to come in and decide the fate of a fellow
19
human being, perhaps deprive that human being of liberty
20
and change his life forever without giving you sufficient
21
evidence to perform that task, it is unfair to you and they
22
have been unfair to you.
23
And it's unfair to
Mr. Bella laid out the scenario about all these
24
agreements and what not, but where is the evidence, where
25
was the persons -- where was the evidence telling whatPage 87 FINAL ARGUMENT - DEFENDANT DAVIS
•
•
was any arrangement?
1
~ames'
2
There isn't.
3
in and said I get $2 off, and they want you to assume that
4
because James Barefield said well, I get a dollar off or I
5
got a dollar off at one time and then I got $2 off, that
6
that's the same arrangement with
7
evidence of that.
ther~
They want you to assume because Flakes came
James~
But there was no
No questions were asked.
8
People said I think, I believe, I assume, and they
9
believe that assumptions are an adequate substitute for
10
evidence, and they are not.
11
have 400 or I have money is equally consistent with James
12
saying I bought some drugs for my use or Cookie's use and
13
now I need to pay you what lowe you and I'm prepared to do
14
that.
15
The fact that James says I
And I understand that I have to prepare -- I have to
16
pay for those before you're going to give me any more.
17
my system and my body tell me that I need more.
18
I'm going to do what I need to do and I'm going to pay up
19
and I'm going to get more to support my habit.
20
•
arrangement was, if
1093
What evidence has been presented?
And
Therefore,
Where were the
21
calls from Lee Edwards' house to James' house saying, James
22
we're sending so and so over?
23
None.
Sure, Lee Edwards knew that James had some drugs
24
because James probably was there every day buying drugs.
25
See if little James has any drugs, maybe he'll share whatPage 88 . 1094
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
he has for his own personal use with you, maybe he won't.
2
It's possible.
3
courage.
5
you believe the evidence is lacking, you believe the
6
evidence points in a different direction, you need courage
7
to come back in this room and say not guilty.
9
And that is the courage that you need to have if .
When I think of courage,
convened in the John Hinkley
I
think of the
trial~
jury'~hat
was
John Hinkley as you
10
remember shot Ronald Reagan on national TV.
11
mystery as to what happened, everybody knew that it was
12
John Hinkley who was at the end of the gun that wounded our
13
president.
14
we could imagine than someone shooting the President of the
15
united states.
16
•
The last trait that I need to discuss with you is
4
8
•
Where is the follow-up evidence?
There was no
There is probably no more shocking crime that
And twelve citizens like yourself were summoned from
17
the Washington, D.C. area and became a jury and they
18
listened to all the evidence and they listened to the
19
psychiatrist.
20
going to go back and they're going to deliberate and they
21
did deliberate.
22
knew would be tremendously unpopular; they reached a
23
conclusion because the evidence led them to that conclusion
24
that they knew would hold them up to public ridicule and
25
scorn.
And they went back in the room as you're
And they reached a conclusion that theyPage 89 FINAL ARGUMENT - DEFENDANT DAVIS
•
1
understand how they could arrive at such a decision.
3
they took an oath, they understood their duty and they had
4
the courage to follow through on that duty and they found
5
John Hinkley not guilty by reason of insanity.
6
high watermark of juries in this
7
that acquitted the soldiers in the Boston massacre.
9
country~
But
That is the
And the jury
And I'm asking you and James is asking you to show the
same kind of courage, to scrutinize the evidence, to
10
understand that your role is not to be a foot soldier in
11
the war against drugs, but that your duty is to be a jury
12
to examine the evidence, scrutinize the evidence, and if
13
you come to the conclusion the evidence is lacking, as I
14
submit to you that it is in this case, then to bring
15
forward a verdict of not guiltyA
16
confident that you are fulfilling the vital role in our
17
system of Government and our system of justice.
18
I thank you for your
Not ashamedly, but
attention~
It has been a long
19
and I'm sure a frustrating week, and we've all been plagued
20
with a bug that is making the rounds and I know some of you
21
have also.
22
•
. ·And their friends and neighbors could not begin to
2
8
•
1095
But now I have to sit down, my work is done.
The
23
hours that I have spent reading transcripts and reading law
24
and preparing the case is over A And though I enjoy having
25
time wi th my family,
en.j~oying
resuming more of a normalPage 90 FINAL ARGUMENT - DEFENDANT DURR
•
•
•
·1096
1
life, it also scares me because
2
something that has been very important to me for the last
3
few months and a person who's very important to me to you,
4
basically a group of strangers.
I
have to hand over
5
But I am confident because I've stood before many
6
groups of strangers and have been impressed with their
7
diligence, their courage and the collective intelligence
8
that occurs when twelve people come together, that you will
9
be faithful to your oath.
And now
I
hand·to you the life,
10
perhaps the liberty of James Davis, confident that he will
11
receive careful consideration in your hands.
12
THE COURT:
13
with final argument.
14
MR. McGRATH:
Thank you.
Counsel for Defendant Durr may proceed
Thank you, Your Honor.
This
15
investigation began back late in '88.
Special Agent Vince
16
Balbo, DEA, starts this investigation and begins utilizing
17
the assets of the DEA to proceed as best he can and find
18
out what he can.
19
case where they -- sufficiently to the point that they
And after 18 months, they've developed a
20
"bring in the FBI and the assets, the manpower, the
21
experience, the high standards that are shared by both the
22
DEA and the FBI.
23
proceed and the matter is concluded by the execution of
24
search warrants.
25
And six more months of investigation
And throughout this -·whole thing, the standards of thePage 91 FINAL ARGUMENT - DEFENDANT DURR
•
•
1
FBI and the DEA are exceptional.
2
said that the case agent, Karen Pertuso, Special Agent of
3
the FBI, went beyond even the FBI's high standards.
4
remember the gun, the .357 Magnum, left in that bedroom to
5
be photographed in place before they moved anything.
6
evidence was moved.
7
not returning fire, the discipline of this whole thing.
8
The high standards.
Even Special Agent Becker
You
No
Remember the agents being fired at,
9
And consistent with those high standards and the
10
strict standards required of a Title III application,
11
Special Agent Karen Pertuso, case agent for the FBI,
12
submits on September -- or rather on August 14, her
13
application for a Title III wiretap interception order.
14
And she supports it with a 44-page affidavit outlining the
15
entire extent of their investigation to that point, naming
16
names.
17
names, 7 additional names as being significantly involved.
18
And they outline everything they've done, the controlled
19
buys, everything they've done.
20
application is the name of Lynetta Durr.
21
•
. 1097
And that original application, 23 names, 16 target
And nowhere in that
Now, the thoroughness, the discipline, the exceptional
22
conduct of this investigation by the DEA and FBI, would
23
they be so sloppy as to exclude the name of Lynetta Durr if
24
in fact she was selling at 2nd and Marshall, selling at 7th
25
and Kentucky, selling at
~ll
these other places the wayPage 92 . 1098
FINAL ARGUMENT - DEFENDANT DURR
•
"
1
.
Gwendolyn Campbell said?
If they had that information, and remember, listed
2
3
among the sources, 51, walter Pettigrew, 52, James Edwards.
4
James Edwards was there from the beginning.
5
as a source of that 44-page typewritten affidavit did not
6
name Lynetta Ourr.
7
the investigators.
9
•
consistent with them being thorough?
would that be
Would they have
10
ignored a person who's selling at 2nd and Marshall, selling
11
at 7th and Kentucky, and here and there and everywhere?
12
No •
13
It wasn't there because she didn't do the things that
14
Gwendolyn Campbell said, she didn't do the things that
15
James Edwards said on the stand.
16
Edwards was looking out for himself.
17
has an agreement or not with the Government, but he
18
certainly wants to stay out of jail.
19
motivating factors in contacting the DEA.
20
keep them happy.
21
testimony.
In cooperating, James
I don't know if he
That was one of his
And he has to
And so in cooper.ating, he changed his
Now Lynetta Durr, she had to have known what was going
22
•
He did on the stand, but he didn't to
Could they have overlooked it?
8
James Edwards
23
on.
Well, I'm sure she did know what was going on, she was
24
there.
25
int i ma t e f r i end
She was an intimate friend of Lee Edwards, an
0
f
his.'·" She was the r e, she was a use r, anPage 93 FINAL ARGUMENT - DEFENDANT DURR
•
'
1
addict.
She was there, she knew what was going on.
But that's not what the crime of conspiracy is.
3
that's all that Lynetta Durr is charged with, conspiracy.
4
Could that have been overlooked?
5
everything that Karen Pertuso, that vince Balbo, all of
6
those agents and all of those people did.
And
That's inconsistent with
Remember now,
. they did the controlled buys, the searches, the rented car,
8
the search of the rented car, it was thorough,
9
bottom.
from~top
to
And nowhere is the name of Lynetta Durr.
10
So they get the Title II intercept order and they go
11
and they set up their intercept and they begin to develop
12
substantial pertinent intercepts, the total of 60 days
13
exceeds 800 pertinent intercepts.
14
didn't even want to guess.
Total intercepts, they
15
And there is an intercept within four days of the
16
beginning of pertinent intercepts, within four days of the
17
beginning of that order involving Lynetta Durr.
18
is a purchase, a request to purchase the 300 boy -- or 300
19
girl and a dip of boy.
20
•
.
2
7
•
1099
And that
On· September 13, almost a month after those -- that
21
phone call and this following phone call the next day which,
22
is I -- I left my cocaine, not the cocaine but my cocaine
23
in the house.
24
25
There is an extension request.
review of every
pertinent~nte~cept
And this involves a
that they have had,Page 94 FINAL ARGUMENT - DEFENDANT DURR
•
1
2
3
Exhibit 77 and 78.
And there are developed seven additional -- or rather
eight additional people as targets and suspects.
5
name Lynetta Durr appear among those eight names?
6
There is that intercept on the 18th of April -- or August,
7
there is the intercept on the 19th of August.
9
•
. including the two that you heard, that were Government's
4
8
•
1100
No.
Mr. Bella got all breathy when he talks abobt 300 girl
and a dip of boy.
I thought he had the vapors.
10
oh, that was a large amount.
11
testify that she took every day?
12
sixteenth of an ounce of girl .
13
Does the
I mean,
But what did Lorri Edwards
A dip of boy.
A
We know that if an ounce of girl costs $1100, that's
14
what Robert Matthews said he charged when he sold an ounce.
15
We know from Mr. Bella's bad math that this stuff gets cut
16
about ten times, depending on the purity.
17
than a sixteenth of an ounce of that many times cut
18
cocaine.
19
way more, every single day.
300 girl is less
Lorri Edwards was doing a sixteenth of an ounce,
20
And if it had been a distribution amount, don't you
21
think that Vince Balbo, the special agent of the DEA and
22
Karen Pertuso reviewing those pertinent intercepts would
23
have said, hey, look at this amount, this is a distribution
24
amount.
25
That's a user's
You heard Willie
amount~
~cIntosh,
they asked him, what do youPage 95 1101
FINAL ARGUMENT - DEFENDANT DURR
•
•
1
tak&?
2
mean, if I had -- if it was payday, I got more.
3
what happened there.
4
appears on that extension application and affidavit, 17
5
additional pages of affidavit, because it was nothing for
6
those people; it was a user's amount.
7
dime bags -- or rather 30 dime bags of girl, it was 300
8
girl.
9
bags, the dimes, the 20's.
took as much as I could get in a day.
I
And that's
And that's why Lynetta Durr doesn't
And it wasn't 20
If she wa~ distributing, she'd would be aski~g for
She asked for 300, the lump.
10
She's a user; it is her weakness, one of her weaknesses.
11
And she used that two days in a row, still less than Lorri
12
Edwards •
13
And you saw Lorri Edwards sitting here.
I
know that
14
it boggles us that people may -- can absorb these amounts.
15
That a man like Brett Guyton can do 25 years of that and
16
just walk right in here.
17
he'S remembering stuff.
His mind's not fried, he'S here,
They can do it, they did it.
18
It was not a distribution amount, it wasn't the
19
language of distribution, there is no talk of money.
~O
There's just an amount, 300 girl, a dip of boy.
21
no nothing.
22
cocaine.
23
•
He said I
24
25
No bags,
And great user that she is, she loses the
So on the 19th, she's got to call back.
Now, nowhere on the extension does Lynetta Durr
appear.
There are three
ad~i~ional
pertinent intercepts thatPage 96 FINAL ARGUMENT - DEFENDANT DURR
•
"
.
yOu've heard.
2
purchase for a very minor amount in the scheme of what
3
we've been hearing, and that's September 13.
4
there is the Elaine Hughes intercept.
5
intercept, she says I'm -- I mean Lynetta Durr says I'm
6
getting -- and in the transcript it's unintelligible, but
7
if you watched me at all during the reading -- or during
8
the playing of those tapes, you'il know that I nev~r looked
9
at the transcripts.
On the 5th,
And in that
And you'll have that tape, it's tape 8, and you listen
11
to that and what you'll hear in my estimation, is that she
12
says I'm getting -- not unintelligible, but I'm getting a
13
dip.
14
intimate friend and she helps them out.
15
What's she doing there?
She'S buying from her
Five phone conversations are considered pertinent
16
intercepts, yet the only thing that you have to decide is
17
if she was a member of the conspiracy.
18
utilization?
19
the phone?
20
were worth anything, wouldn't there be a count against
21
Lynetta Durr?
22
•
The day of the extension there is another
1
10
•
1102
Where is the phone
Where is the facilitation of a sale by using
If they believed that those five intercepts
James Edwards comes and says, oh, yes, she had to
23
know, a·nd she was packaging things.
24
with what was reported in the affidavit; there's nothing
25
about Lynetta Durr at
a~l.
Nothing.
That's inconsistent
But James Davis -- orPage 97 1103
FINAL ARGUMENT - DEFENDANT DURR
•
1
J~mes
2
up in Minneapolis where he's having a wonderful time for
3
himself.
4
please and that's the Government, the G, Mr. Bella.
5
think he pleased Mr. Bella by changing that testimony and
6
saying, yes, she was involved.
•
And there's one person here that he's got to
And I
And Gwendolyn Campbell came in and said, she's selling
7
•
Edwards rather is looking to stay out on the street
8
allover the place.
9
care what the affidavit said, she's selling here and that.
I don't care what S2 said, I pon't
10
What -- who defines her cooperation?
11
it was right in her plea bargain, it's defined by the U. S.
12
Attorney.
13
charged in this matter, completely separate thing of hers.
14
But who is she going to please?
15
Who else-did we hear from?
It's the Government,
Now, who is she going to please?
She's not even
The Government.
Named members of this
16
supposed conspiracy.
17
Barefield, Flakes Kellum -- I like that name -- Lorri
18
Edwards.
19
No.
Did Brett Guyton say that Lynetta Durr was selling?
20
No.
Barefield?
21
Lorri Edwards, point a finger and say she was part of this
22
conspiracy?
23
Brett Guyton, Willie McIntosh, James
Willie McIntosh say Lynetta Durr was selling?
No.
Kellum?
No~
Did the real insider,
No.
Did the co-defendants that testified, none of them,
24
none of them pointed at Lyrtetta Durr.
25
she was a part of it.
None of them said
In fact, there is anotherPage 98 1104
FINAL ARGUMENT - DEFENDANT DURR
•
•
or rather Lee
co~defendant
2
Edwards.
3
warrant, he was arrested.
4
building and then they questioned him and he named name
5
after name after name.
6
Lynetta Durr's name among them?
Remember after the execution of the search
Karen Pertuso took him into this
And she rattled them off.
And was -
No.
7
So the Government smelling what they call a case,
8
resurrects Gwendolyn Campbell and trot her buns in here and
9
they put her down and she is going to say anything that
10
they want.
11
investigation up to September 13, completely inconsistent
12
with the efforts of the DEA and the FBI, but she says, oh,
13
yes, she was a part of it, she was selling, selling,
14
selling here, there, everywhere.
15
It's completely inconsistent with the
You have to ignore all the work, the years, the
16
manhours that went into this, that never put a finger or
17
pointed a finger or whisper about Lynetta Ourr and you have
18
to believe Gwendolyn Campbell whose only accomplishment
19
that I could see is that she's managed not to test positive
20
on a drop.
21
•
that we heard from,. James
1
I believe that the law is and
I
also believe that the
22
Court will advise you that when you hear testimony from-a
23
witness or witnesses who have received benefits -- and I
24
think that's Gwendolyn Campbell and James Edwards -- from
25
the Government, you may give this testimony such weight asPage 99 FINAL ARGUMENT - DEFENDANT DURR
•
may feel it deserves, keeping in mind that it must be
1
yo~
2
considered with caution and great
I
want you to
4
do, it is consider the testimony of James Edwards and
5
Gwendolyn Campbell with caution and great care.
You'll hear that mere presence, as Bob Truitt told
6
7
you, is not enough; that a user being a buyer from a seller
8
is not enough; that proximity,
9
you've got to be a
~ssociation
is not enough;
participant~
Ladies and gentlemen,
10
I
think the evidence is clear,
a
11
not that Lynetta Durr is a participant, but that she is
12
peTson drawn to somebody that became her intimate friend .
13
She had another intimate friend;
14
probably appall you, the amounts of drugs she'S taken
15
appall you.
16
in anything other than those relationships with drugs and
17
with her intimate friend Lee Edwards.
drugs~
These weaknesses
But there is no evidence that she participated
Look to the work of the FBI and the DEA.
18
•
care~
Oh, believe me, if there is one thing
3
•
1105
If you're
19
going to trust anybody, if you're going to give faith to
20
anybody, give it to them.
21
Durr.
22
word of Gwendolyn Campbell, a word that is tainted by the
23
requirement that she please the Government.
24
much.
25
They found nothing about Lynetta
If you can convict Lynetta Durr, it will be on the
THE COURT:
Counsel.
Thank you veryPage 100 1106
•
1
(Bench discussion on the record.)
2
THE COURT:
3
arguments for well over an hour, two hours now.
4
thinking about giving them a short recess in event that
5
anybody has to use the washroom or something, and then come
6
back.
7
8
MR. TRUITT:
10
Or in the event counsel have to eat
(End of discussion at the bench.)
THE COURT:
Ladies and gentlemen, you have been
11
listening to final arguments for some time, I don't know
12
whether or not there -- anybody that needs to use the
13
facilities, but I think it might be a good time for us to
14
take a short recess at this time.
15
very long one.
16
It's not going to be a
Remember the admonition, ladies and gentlemen, this
17
case still has not been given to you.
18
case among yourselves, do not permit anyone to discuss it
19
with you or in your presence.
20
or express any opinion on this case until it is finally
21
submitted to you.
22
upstairs.
24
25
Do not discuss this
It is your duty not to form
with that, you may follow the Marshal
(The jury were escorted from the courtroom,
and the following proceedings were had,
reported as follows.)
23
•
I was
lunch
9
•
Gentlemen, the jury has been hearing
THE COURT:
Anytht~g
counsel wish to address the Court
To view more than 100 pages of OCRed text, sign up for PlainSite Pro or Pro Se. Solve This Problem
PDF Page 1
PlainSite Cover Page
PDF Page 2
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
)
NO. HCR 92-113
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a J~mes
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
·, · ·,"
W
~.'....
,.
,
,
'.'.
J '
.
)
)
)
)
).
)
94-3307
Trial in the above entitled cause was resumed before
the HONORABLE RUDY LOZANO, Judge of said Court, and a ju£y, at
the Federal Building, 507 State Street, Hammond, Indiana, on the
16th day of March, 1993, commencing at the hour of 8:25 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 7
DANIEL J. ·SULLIV:AN
OFFICIAL COURT REPORTER - U. S. DISTRICT ~OURT
507 STATE STREET, HAMMOND, INDIANA 46320
PDF Page 3
•
".
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
Valparaiso, Indiana 46383,
on behalf of defendant James
Davis~
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET~ . HAMMOND, INDIANA 46320
PDF Page 4
1009
•
2
3
•
THE COURT:
Good morning, counsel.
What I'm proposing
4
to do this morning is allow the jury to view the evidence
5
that is here.
6
in the audience, I don't know if the Marshals have any
7
objection, what I was going to suggest is that the
8
defendants be allowed to be in the first row where Mr.
9
Yates is at -- I was going to say Mr. Bruce -- Mr. Y'at'es is
During this period of time there is nobody
10
at, and have the counsel back on that front row and allow
11
the jurors if they want to, they can look at it.
12
I don't know whether to leave the chairs around there
13
or not, they may want to sit down and look at it.
14
allow them to walk around.
15
MR.
16
MR. JACKSON:
17
THE COURT:
18
19
•
(Court opened at 8:25 a.m. without the jury
present in open court.)
1
McG~TH:
I'll
Is that agreeable to everybody?
Yes, Your Honor.
Yes.
If they want to pick something up, they
can stop as long as they want.
And then after that, have them go up, we'll do the
20
instruction conference, and I can either give you a ruling
21
then in the longer dialogue as to the motions for judgment
22
of acquittal, or if you want to by stipulation I'll do it
23
during the time that the jury is deliberating.
24
25
I've already told you what my rulirigs are; I'm denying
the motion for judgment of acquittal in all respect with
PDF Page 5
1010
•
1
2
taking under advisement and I'm asking counsel to give me a
3
brief and some excerpts of testimony to support their
4
positions.
5
•
MR. TRUITT:
Your Honor,
I
have no objection to the
6
Court reading into the record and informing us formally for
7
purposes of the record during the time the jury is
8
deliberating.
9
MR. McGRATH:
No problems with that.
10
MR. JACKSON:
No problem, Your Honor.
11
MR. BELLA:
That's fine.
12
THE COURT:
The other thing I'm intending to because I
13
am not sure how long final arguments are going to be, I'm
14
going to order food for the jury.
15
outside right now.
16
being in and final arguments being had and then send the
17
jury out.
18
•
. the exception of the communication counts and those I'm
The weather is inclement
I'm quite concerned of the evidence
I realize that I do it sometimes in the evening to
19
send them home but they don't go out as a group.
20
the tendency and the danger there is that they may start
21
talking or discussing the evidence.
2·2
going to do is order food if the arguments take
23
approximately three hours and if it's around one o'clock,
24
I'll send them .upstairs to eat.
2S
I think
So what I think I'm
If it's twelve o'clock, 12:30, I'm going to go through
PDF Page 6
1011
•
•
•
1
the instructions and give them the instructions and then
2
send them up to eat.
3
o'clock, though.
4
that so in the event that they are worried as to what's
5
going on, what the procedure is going to be.
6
to that?
..
I'm going to order food for about one
And I think I'm going to tell the jury
7
MR. TRUITT:
8
MR. McGRATH:
No objection .
9
MR. JACKSON:
No objection .
Any objection
No objection .
10
MR. BELLA:
No objection .
11
THE COURT:
Anything counsel wish to address the Court
12
13
about before we call the jury down?
MR. BELLA:
Your Honor, I've used this box, cardboard
14
box to keep the exhibits in, stood it on end to obtain
15
additional table space.
16
some documentary evidence inside the box.
17
they walk around the table become curious about the
18
contents of that box
19
THE COURT:
There are photographs and tapes,
Hold on a second..
If the jurors as
I might be able to get
20
you a little table, it may not be the fanciest table in the
21
world, but it will be something and it will be more stable,
22
I'm concerned about the box collapsing .
23
24
25
No, no, that's secret.
No, no, I prefer not to have
the podium -MR. BELLA:
There's not much weight on the box.
I was
PDF Page 7
1012
•
1
2
going to suggest if the jurors become curious about the
-.
'contents, they can be informed that other exhibits which
3
may be in the box would be sent up to the juryroom.
4
the Court were to
THE COURT:
5
of the jurors come down first, let them look at it and then
7
have the back row come down so that we don't have, you
8
know, a whole slew of jurors and nobody being able to look
9
at the evidence.
11
•
What I'm going to do is have the front row
6
Mr. Edwards, were you able to get _your insulin last
10
•
But if
night?
DEFENDANT EDWARDS:
12
'THE COURT:
13
14
box.
15
about?
Yes .
Anything else -- why don't we move the
Anything else counsel wish to address the Court
16
MR. TRUITT:
Nothing, Your Honor.
17
MR. JACKSON:
No, Your Honor.
18
MR. McGRATH:
No.
19
THE COURT:
Mr. Bella, at this point it's no longer
20
your table, I'm going to ask you to move back with
21
everybody else.
22
MR. BELLA:
Yes, sir.
23
THE COURT:
Do the defendants -- do the Marshals want
24
25
the defendants back on the front row right now?
DEPUTY MARSHAL:
That will be fine.
James, Lee.
PDF Page 8
1013
•
1
2
3
"Lynetta.
THE COURT:
clients, you're welcome to be back there.
5
Good morning, ladies and gentlemen, you
may be seated.
8
idea of what is going to be happening today so that you
9
have an idea as to how we're going to proceed.
Ladies and gentlemen, let me give you an
In a moment I'm going to give you an opportunity to
11
view some of the evidence here.
12
evidence that was introduced that will be taken up to the
13
juryroom, but this evidence here
14
to the juryroom so you'll have an opportunity to come down
15
and look at it.
16
whatever you want to do to it.
17
•
THE COURT:
7
10
•
Call the jury.
(The jury were escorted into the courtroom,
and the trial was resumed in open court,
reported as follows:)
4
6
If counsel want to be next to their
There will be other
I
will not allow to go up
You can pick it up and examine it,
After that, I am going to take a recess so that the
18
Court's final instructions can be done with the attorneys.
19
After that we will come down and the attorneys will give
20
their final arguments to you.
21
will either proceed with the Court's final instructions to
22
you and then commence the deliberations, or I will take a
23
lunch break after the final arguments are completed so that
24
you can eat.
25
Depending on the time, we
And I will tell. you now, I am not going to sent you
PDF Page 9
1014
•
•
1
2
the juryroom.
3
what time all of this is going to be completed and
4
want to interrupt the attorneys' final argument.
5
one o'clock; is that going to pose a problem?
I have ordered because I'm not sure exactly
6
A JUROR:
7
THE COURT:
I
don't
Food for
That will be fine.
That will be fine?
Okay.
I
don't think
i~
8
that it will be -- if it is beyond one o'clock,
9
about 1:05, 1:10, but I'm trying to do the best guesstimate
that I can.
11
then, after you eat
12
final instructions and then the case will be given to you
13
for deliberations.
14
If
will be
10
I
do not have the final instructions by
I
will bring you down, we will do the
Certain pieces of evidence will be taken up to the
15
juryroom and once the Marshals are all gone, then you can
16
commence your deliberations.
17
bird's eye view of what will be happening
18
•
lout to eat, I've ordered food fOr you, you will eat up in
That will give you a little
today~
At this time, ladies and gentlemen, there are some
19
pieces of evidence as
20
up to the juryroom.
21
and examine them; however, because of the fact that so many
22
jurors, I'm going to do it by rows.
23
going to allow the first row to come down, you can go
24
around the table, you can look at the evidence, those
25
pieces of evidence that. were introduced, and you can -- as
I
have mentioned that I do not send
I am going to allow you to step down
At this time I am
PDF Page 10
1015
•
said you want to pick them
~
2
do any of that. - You may step down.
(There was a pause in the proceedings.)
3
4
THE COURT:
7
•
A JUROR:
Your Honor, may I take another look at
something there?
8
THE COURT:
9
Ladies and gentlemen, the Court will now recess so
You may.
10
that the Court's final instructions can be settled.
11
Members of the jury, during this recess please
12
remember the admonition that the Court previously gave to
13
you not to discuss this case.
14
Deputy United states Marshals and
15
keep you together in a place specified by the Court and not
16
to permit any other person to speak to you or otherwise
17
communicate with you on any subject connected with this
18
trial except with permission of the Court.
19
You are in the care of the
I
am directing them to
I am further instructing them not to communicate with
20
you on any subject connected with the trial and I direct
21
you not to ask them any questions pertaining thereto.
22
•
The back row may now step down.
(There was a pause in the proceedings.)
5
6
u~
and examine them, you can
1
23
Mr. Sanchez, Mr. Jagiela"
forward.
(Deputy Marshals duly sworn.)
24
25
would you both please come
THE COURT:
Please take the jury upstairs.
PDF Page 11
1016
•
l'
(The jury were escorted from the courtroom)
and the following proceedings were had,
reported as follows:)
2
3
THE COURT:
4
recess so the evidence can be collected and then we'll go
5
right into the instruction conference?
(There was a recess taken.)
6
7
•
THE COURT:
Counsel, I have given you the Court's
8
instructions last night; did you have an opportunity to go
9
though them and are you ready to-proceed with the
10
•
Counsel, do you want a couple of minute
instruction conference?
11
MR. JACKSON:
Yes, Your Honor.
12
MR. TRUITT:
13
MR. McGRATH:
14
MR. BELLA:
Yes, Your Honor.
15
THE COURT:
And I have also given copies of the
Yes, Your Honor .
Yes, Your Honor.
16
verdicts forms; have all counsel had an opportunity to see
17
those?
18
MR. JACKSON:
Yes, Your Honor
19
MR. TRUITT:
Yes, Your Honor.
20
MR. BELLA:
Yes, Your Honor.
21
THE COURT:
Counsel, some of you have been before me
22
before, some have not.
23
for the instruction conference .
24
25
I'll explain to you my procedure
The Court has reviewed all of the instructions given
to it by each of the defendants and by the Government.
PDF Page 12
1017
•
1
. Excuse me, I think Defendant Durr did not have any.
2
having reviewed each and considering each of these
3
instructions, the Court now rejects each and everyone of
4
the instructions.
5
instructions that it intends to give.
7
that in the instruction conference
8
completed, counsel have an opportunity to resubmit their
9
previously tendered instructions or to submit a new
instruction.
A
We will go through
Once those are
Failure to do so will be considered a waiver.
11
The method that I will go through the instruction
12
conference is I will read the number in the lower left-hand
13
corner; I will indicate which instruction that will be of
14
the Court's instruction.
I then will ask the Government if
15
they have any objection.
Assuming they have no objection,
16
I will immediately ask if the defendants have any
17
objection.
18
•
The Court has given to counsel a series of
6
10
•
After
Rather than to take the time because of the large
19
number of instructions, I would appreciate it if each'of
20
you would say Defendant Davis, no instructions; Defendant
21
Durr, no instructions; Defendant Edwards, objection to the
22
following.
I said no instruction, I mean no
23
I'm sorry.
And then state what the objection is.
24
is no objection, so state.
25
I f there's no
o.~.j ection
objection~,
from both sides, that
If there
PDF Page 13
INSTRUCTION CONFERENCE
•
1
in&truction will automatically be given.
2
say it's given.
3
the objection and then rule on the objection.
4
if I'm going to modify the instruction, I then will go
5
through the entire process to the modified instruction
6
until we get an instruction or until I pull it and refuse
7
it.
8
9
•
I'm not going to
If there is an objection, I will address
If it's
Any objection to the procequre that we have for the
instructions?
10
MR. TRUITT:
No objection, Your Honor.
11
MR.· McGRATH:
No objection.
12
MR. JACKSON:
No objection.
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from any of the counsel to
15
•
1018
the Court's tender page, front page?
16
MR. TRUITT:
No objection.
17
MR. BELLA:
No, Your Honor.
18
THE COURT:
Court's Instruction Number 1 will be --
19
strike that.
Criminal Instruction Number 1 will be Court's
20
Instruction Number 1, any objection from the Government?
21
MR. BELLA:
No.
22
THE COURT:
Any objection from the defendants?
23
MR. TRUITT:
Defendant Davis no objection.
24
MR. McGRATH:
Defendant Durr no objection .
25
MR. JACKSON:
Defendant Edwards no objection.
PDF Page 14
INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
Criminal Instruction Number 4 will be
2
Court's Instruction Number 2, any objection from the
3
Government?
4
MR. BELLA:
No objection.
5
THE COURT:
Any objection from the defendants?
6
MR. TRUITT:
7
MR. McGRATH:' Defendant Durr no objection.
8
MR. JACKSON:
9
THE COURT:
Defendant Davis no objection.
Defendant. Edwards no objection.
Criminal Instruction Number 2 wiil be
10
Court's Instruction Number 3, any objection from the
11
Government?
12
MR. BELLA:
13
MR. TRUITT:
No objection Defendant Davis.
14
MR. McGRATH:
No objection Defendant Durr.
15
MR. JACKSON:
16
THE COURT:
No objection .
No objection Defendant Edwards.
Criminal Instruction'Number 3 will be
17
Court's Instruction Number 4, any objection from the
18
Government?
19
MR. BELLA:
No objection.
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
No objection from Defendant Davis.
22
MR. McGRATH:
No objection Durr.
23
MR. JACKSON:
No objection from Defendant Edwards.
24
THE COURT:
25
Criminal Instruction Number 5 will be
Court's Instruction Number 5, any objection from the
1019
PDF Page 15
INSTRUCTION CONFERENCE
•
1
MR. BELLA:
3
MR. TRUITT:
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
No objection.
No objection from Defendant Davis.
Let me stop for a half a second.
Mr.
7
Court Reporter, do you want the defendants to state their
8
name or can you see them?
10
11
•
Government?
2
9
•
1020
THE COURT REPORTER:
THE COURT:
Okay.
We'll continue on; I'm fine.
We'll continue on with the same
procedure then; I was trying to streamline it.
12
Criminal Instruction Number 6A will be Court's
13
Instruction Number 6, any objection from the Government?
14
MR. BELLA:
15
MR. TRUITT:
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
No objection.
No objection Defendant Davis.
Special Criminal Instruction Number 001.1
19
will be court's Instruction Number 7, any objection from
20
the Government?
21
MR. BELLA:
22
MR. TRUITT:
No objection Davis.
23
MR. McGRATH:
No objection Ourr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
No objection.
And I will indicate that Special Criminal
PDF Page 16
INSTRUCTION CONFERENCE
•
•
1
Special Criminal Instruction Number 002 will be
3
Court's Instruction Number 8, any objection from the
4
Government?
5
MR. BELLA:
6
MR. TRUITT:
7
MR. McGRATH:
No objection Durr.
8
MR. JACKSON:
No objectio.n Edwards.
9
THE COURT:
No objection .
No objection Davis.
Criminal Instruction Number 7 will be
10
Court's Instruction Number 9, any objection from the
11
Government?
12
MR. BELLA:
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards.
16
THE COURT:
No objection
Do counsel want the indictment read or can
will they waive reading of the indictment, just advise
18
the jury that the indictment is there and they can read it
19
at their leisure?
20
21
•
Number 001 consists of three pages.
2
17
1021
MR. BELLA:
Government.
The indictment will be sent into the
juryroom, Your Honor?
22
THE COURT:
Yes.
23
MR. BELLA:
I have no objection to waiving -- I waive
24
25
the reading of the indictment, Your Honor.
MR. TRUITT:
Defendant Davis waives reading of the
PDF Page 17
INSTRUCTION CONFERENCE
•
1
2
3
indictment.
. MR. McGRATH:
MR. JACKSON:
THE COURT:
Counsel, I have also only included the
7
counts which were pertinent to the defendants, the other
8
ones
9
indictment the Grand Jury's foreman's name and the language
I
have pulled.
I have also pulled from the end of the
10
on it that says true bill and the signature by the U. S.
11
Attorney.
Any objection to that?
12
MR. BELLA:
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards.
16
THE COURT:
No, Your Honor
Criminal Instruction Number 9 will be
17
Court's Instruction Number 10, any objection from the
18
Government?
19
MR. BELLA:
20
MR. TRUITT:
21
•
Defendant Edwards waives reading of the
indictment.
6
•
Defendant Durro waives reading of the
indictment.
4
5
1022
No objection.
Just a minute, Your Honor.
Davis.
22
MR. McGRATH:
No objection Durr.
23
MR. JACKSON:
No objection Edwards.
24
THE COURT:
25
No objection
Counsel, at this time I will also mention
I did not include in this packet of instructions an
PDF Page 18
INSTRUCTION CONFERENCE
•
•
•
2
instruction to the effect that the defendants have an
.
absolute right not to testify, you are·not to hold it
3
against them.
4
it; all defense counsel advised me that they did not
5
because it would emphasize the fact that they did not
6
testify.
7
packet.
1
I asked all defense counsel if they wanted
For that reason I did not include it in the
Is that agreeable to all the defendants?
8
MR. TRUITT:
That's agreement with Defendant Davis.
9
MR. McGRATH:
Agreeable with Durr.
10
MR. JACKSON:
Agreeable with
11
THE COURT:
Edward$~
Criminal Instruction Number 8 will be
12
Court's Instruction Number 11, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRUITT:
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
No objection Davis.
Criminal Instruction Number 19 will be
20
Court's Instruction Number 12, any objection from the
21
Government?
22
MR. BELLA:
No objection.
23
THE COURT:
Any objection from the defendants?
24
MR. TRUITT:
No objection Davis.
25
MR. McGRATH:
No objection Durr.
1023
PDF Page 19
INSTRUCTION CONFERENCE
•
1
MR.• JACKSON:
2
THE COURT:
•
Criminal Instruction Number 22 will be
3
Court's Instruction Number 13, any objection from the
4
Government?
5
MR. BELLA:
No objection.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
No objection Davis.
8
MR. McGRATH:
No objection Durr.
9
MR. JACKSON:
No objection Edwards.
10
•
No objection Edwards.
THE COURT:
Criminal Instruction Number 15 will be
11
Court's Instruction Number 14, any objection from the
12
Government?
13
MR. BELLA:
14
MR. TRUITT:
No objection Davis ..
15
MR. McGRATH:
No objection Durr.
16
MR. JACKSON:
No objection Edwards.
17
THE COURT:
No objection
Criminal Instruction Number 13 will be
18
Court's Instruction Number 15, any objection from the
19
Government?
20
MR. BELLA:
No objection.
21
THE COURT:
Any objection from the defendants?
22
MR. TRUITT:
23
MR. McGRATH:
No objection Durr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
No objection Davis.
Criminal Instruction Number 121B will be
1024
PDF Page 20
INSTRUCTION CONFERENCE'
•
1
C.ourt' s Instruction Number 16, any objection from the
2
Government?
3
MR. BELLA:
No objection.
4
THE COURT:
Any objection from the defendants?
5
MR. TRUITT:
No objection Davis.
6
MR. McGRATH:
No objection DU.r r.
7
MR. JACKSON:
8
THE COURT:
9
10
•
•
. No objection Edwards.
Criminal Instruction Number 26 will be
Court's Instruction Number 17, any objection from the
Government?
11
MR. BELLA:
No objection.
12
THE COURT:
Any objection from the defendants?
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. J:ACKSON:
No objection Edwards.
16
THE COURT:
Criminal Instruction Number 20 will be
17
Court's Instruction Number 18, any objection from the
18
Government?
19
MR. BELLA:
No objection.
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
22
MR. McGRATH:
23
MR • JACKSON:
24
THE COURT:
25
No objection Davis.
No objection Durr.
No objection Edwards.
Criminal Instruction Number 17A will be
Court's Instruction Number 19, any objection from the
1025
PDF Page 21
INSTRUCTION CONFERENCE
•
•
•
1
Government?
2
MR. BELLA:
No objection A
3
THE COURT:
Any objection from the defendants?
4
MR. TRUITT:
No objection Davis A
5
MR. McGRATH:
No objection DurrA
6
MR. JACKSON:
No objection Edwards.
7
THE COURT:
Criminal Instruction Number 21 will be
8
Court's Instruction Number 20, any objection from the
9
Government?
10
MR. BELLA:
No objection.
11
THE COURT:
Any objection from the defendants?
12
MR. TRUITT:
13
MR. McGRATH:
14
MR. JACKSON:
15
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 23 will be
16
Court's Instruction Number 21, any objection from
17
Government.
18
MR. BELLA:
No objection.
19
THE COURT:
Any objection from the defendants?
20
MR. TRUITT:
No objection Davis A
21
MR. McGRATH:
No objection Durr A
22
MR. JACKSON:
No objection Edwards A
23
THE COURT:
Criminal Instruction Number 238 will be
24
Court's Instruction Number 22, any objection from the
25
Government?
1026
PDF Page 22
INSTRUCTION CONFERENCE
•
•
•
1
MR. BELLA:
No objection.
2
THE COURT:
Any objection from the defendants?
3
MR. TRUITT:
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
No objection Davis.
Criminal Instruction Number 55 will be
7
Court's Instruction Number 23, any objection from the
8
Government?
9
MR. BELLA:
No objection.
10
THE COURT:
Any objection from the defendants?
11
MR. TRUITT:
No objection Davis.
12
MR. McGRATH:
No objection Durr ..
13
MR. JACKSON:
No objection Edwards ..
14
THE COURT:
Criminal Instruction Number 101 will be
15
Court's Instruction Number 24, any objection from the
16
Government?
17
MR. BELLA:
No objection.
18
THE COURT:
Any objection from the defendants?
19
MR. TRUITT:
No objection Davis.
20
MR. McGRATH:
No objection Durr .
21
MR. JACKSON:
No objection Edwards.
22
THE COURT:
Criminal Instruction Number 238 will be
23
Court's Instruction Number 25, any objection from "the
24
Government?
25
MR. BELLA:
No oj;>jection.
1027
PDF Page 23
INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
2
MR. TRUITT:
No objection Davis.
3
MR. McGRATH:
No objection Durr.
4
MR. JACKSON:
No objection Edwards.
5
THE COURT:
Any objection from the defendants?
Criminal Instruction Number 71.1 and 2
6
will be Court's Instruction Number 26, any objection from
7
the Government?
8
MR. BELLA:
No objection.
9
THE COURT:
Any objection from the defendants?
10
MR. TRUITT:
No objection Davis.
11
MR. McGRATH:
No objection Durr ..
12
MR. JACKSON:
No objection Edwards.
13
THE COURT:
Criminal Instruction Number 196A will be
14
Court's Instruction Number 27, any objection from the
15
Government?
16
MR. BELLA:
No objection.
17
THE COURT:
Any objection from the defendants?
18
MR. TRUITT:
19
MR. McGRATH:
No objection Durr ..
20
MR. JACKSON:
No objection Edwards.
21
THE COURT:
No objection Davis
Criminal Instruction Number 207 will be
22
Court's Instruction Number 28, any objection from the
23
Government?
24
MR. BELLA:
No objection ..
25
THE COURT:
Any -objection from the defendants?
1028
PDF Page 24
INSTRUCTION CONFERENCE"
•
•
•
1
.
No objection Davis_
MR . TRUITT:
2
MR. McGRATH:
No objection Durr_
3
MR. JACKSON:
No objection Edwards.
4
THE COURT:
Criminal Instruction Number 107 will be
5
Court's Instruction Number 29, any objection from the
6
Government?
7
MR. BELLA:
No objection.
8
THE COURT:
Any objection from the defendants?
9
MR. TRUITT:
No objection Davis.
10
MR. McGRATH:
No objection Durr.
11
MR. JACKSON:
No objection Edwards.
12
THE COURT:
Criminal Instruction Number 110 will be
13
Court's Instruction Number 30, any objection from the
14
Government?
15
MR. BELLA:
No objection.
16
THE COURT:
Any objection from the defendants?
17
MR. TRUITT:
No objection Davis.
18
MR. McGRATH:
No objection Durr.
19
MR. JACKSON:
No objection Edwards.
20
THE COURT:
Criminal Instruction Number 342 will be
21
Court's Instruction Number 31, any objection from the
22
Government?
23
MR. BELLA:
No objection.
24
THE COURT:
Any objection from the defendants?
25
MR. TRUITT:
NO objection Davis
1029
PDF Page 25
INSTRUCTION CONFERENCE
•
2
3
•
.
MR. JACKSON:
THE COURT:
No objection Durr.
No objection.Edwards.
Criminal Instruction Number 108 will be
4
Court's Instruction Number 32, any objection from the
5
Government?
6
MR. BELLA:
No objection.
7
THE COURT:
Any objection from the defendants?
8
MR. TRUITT:
No objection Davis.
9
MR. McGRATH:
No objection Durr.
10
MR. JACKSON:
No objection Edwards.
11
THE COURT:
Criminal Instruction Number 109 will be
12
Court's Instruction Number 33, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRU.ITT:
No objection Davis ..
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
Criminal Instruction Number 110B will be
20
Court's Instruction Number 34, any objection from the
21
Government?
22
•
MR. McGRATH:
·1
1030
MR. BELLA:
Your Honor, we received a replacement
23
Instruction 107 this morning I believe; I have no objection
24
to that.
25
THE COURT:
This is the replacement,
counse~.
PDF Page 26
INSTRUCTION CONFERENCE
•
1
MR. BELLA:
I have no objection to that.
2
THE COURT:
Okay.
3
objection to Criminal Instruction Number 110B which is
4
Court's Instruction Number 34.
5
MR. BELLA:
Correct, Your Honor.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
8
MR. McGRATH:
9
MR. JACKSON:
10
•
•
You have no replacement -- no
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 222 will be
11
Court's Instruction Number 35, any objection from the
12
Government?
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from the defendants?
15
MR. TRUITT:
No objection Davis.
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
Criminal Instruction Number 118B will be
19
Court's Instruction Number 36, any objection from the
20
Government?
21
MR. BELLA:
No objection.
22
THE COURT:
Any objection from the defendants?
23
MR. TRUITT:
No objection Davis.
24
MR. McGRATH:
No objection Durr.
25
MR. JACKSON:
Na-o~jection
Edwards.
1031
PDF Page 27
INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
Criminal Instruction Number 237 will be
2
court's Instruction Number 37, any objection from the
3
Government?
4
MR. BELLA:
No objection.
S
THE COURT:
Any objection from the defendants?
6
MR. TRUITT:
No objection Davis
7
MR. McGRATH:
. No objection Durr.
8
MR. JACKSON:
No objection Edwards.
9
THE COURT:
Criminal Instruction Number 119 will be
10
Court's Instruction Number 38, any objection from the
11
Government?
12
MR. BELLA:
No objection.
13
THE COURT:
Any objection from the defendants?
14
MR. TRUITT:
15
MR. McGRATH:
No objection Durr.
16
MR. JACKSON:
No objection Edwards'.
17
THE COURT:
No objection Davis.
Criminal Instruction Number 235B will be
18
Court's Instruction Number 39, any objection from the
19
Government?
20
MR. BELLA:
No objection.
21
THE COURT:
Any objection from the defendants?
22
MR. TRUITT:
No objection Davis.
23
MR • McGRATH:
No objection Durr.
24
MR. JACKSON:
No objection Edwards.
25
THE COURT:
Criminal Instruction Number 236 will be
1032
PDF Page 28
INSTRUCTION CONFERENCE"
•
1
court's Instruction Number 40, any objection from the
2
Government?
3
MR. BELLA:
No objection.
4
THE COURT:
Any objection from the defendant
5
MR. TRUITT:
6
MR. McGRATH:
No objection Durr.
7
MR. JACKSON:
No objection Edwards.
8
THE COURT:
9
10
•
•
No objection Davis
Criminal Instruction Number 235A will be
Court's Instruction Number 41, any objection from' t.he
Government?
11
MR. BELLA:
No objection.
12
THE COURT:
Any objection from the defendants?
13
MR. TRUITT:
No objection Davis.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards .
16
THE COURT:
Criminal Instruction Number 56A will be
17
Court's Instruction Number 42, any objection from the
18
Government?
19
MR. BELLA:
No objection .
20
THE COURT:
Any objection from the defendants?
21
MR. TRUITT:
No objection Davis.
22
MR. McGRATH:
No objection Durr .
23
MR . JACKSON:
No objection Edwards .
24
THE COURT:
25
Criminal Instruction Number 56 will be
Court's Instruction Number 43, any objection from the
1033
PDF Page 29
INSTRUCTION CONFERENCE -
•
•
•
1
Government?
2
MR. BELLA:
No objection.
3
THE COURT:
Any objection from the defendants?
4
MR. TRUITT:
No objection Davis.
5
MR. McGRATH:
No objection Durr.
6
MR. JACKSON:
No objection Edwards.
7
THE COURT:
Cr~minal
Instruction Number 57 will be
8
Court's Instruction Number 44, any objection from the
9
Government?
10
MR. BELLA:
No objection.
11
THE COURT:
Any objection from the defendants?
12
MR. TRUITT:
13
MR. McGRATH:
No objection Durr.
14
MR. JACKSON:
No objection Edwards.
15
THE COURT:
No objection Davis.
Criminal Instruction Number 215 will be
16
Court's Instruction Number 45, any objection from the
17
Government?
18
MR. BELLA:
No objection.
19
THE COURT:
Any objection from the defendants?
20
MR. TRUITT:
No objection Davis.
21
MR. McGRATH:
No objection Durr.
22
MR. JACKSON:
No objection Edwards.
23
THE COURT:
Criminal Instruction Number 231 will be
24
court's Instruction Number 46, any objection from the
25
Government?
1034
PDF Page 30
INSTRUCTION CONFERENCE
•
•
•
1
MR. BELLA:
No objecti0l1:.
2
THE COURT:
Any objection from the defendants?
3
MR. TRUITT:
No objection Davis.
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
Criminal Instruction Number 173 will be
7
Court's Instruction Number 47, any objection from the
8
Government?
9
MR. BELLA:
No objection.
10
THE COURT:
Any objection from the defendants?
11
MR. TRUITT:
No objection Davis.
12
MR. McGRATH:
No objection Durr .
13
MR. JACKSON:
No objection Edwards.
14
THE COURT:
Criminal Instruction Number 393 will be
15
Court's Instruction Number 48, any objection from the
16
Government?
17
MR. BELLA:
No objection.
18
THE COURT:
Any objection from the defendants?
19
MR. TRUITT:
20
MR. McGRATH:
21
MR. JACKSON:
22
THE COURT:
No objection Davis
No objection Durr.
No objection Edwards.
Criminal Instruction Number 394 will'be
23
Court's Instruction Number 49, any objection from the
24
Government?
25
MR. BELLA:
No objection.
1035
PDF Page 31
INSTRUCTION CONFERENCE
•
•
•
1
THE COURT:
2
MR. TRUITT:
No objection Davis.
3
MR. McGRATH:
No objection Durr.
4
MR. JACKSON:
No objection Edwards.
5
THE COURT:
Any objection from the defendants
Criminal Instruction Number 395 will be·
6
Court's Instruction Number 50, any objection from the
7
Government?
8
MR. BELLA:
No objection.
9
THE COURT:
Any objection from the defendants?
10
MR. TRUITT:
11
MR. McGRATH:
No objection Durr.
12
MR. JACKSON:
No objection Edwards.
13
THE COURT:
No objection Davis.
Criminal Instruction Number 396 will be
14
Court's Instruction Number 51, any objection from the
15
Government?
16
MR. BELLA:
No objection.
17
THE COURT:
Any objection from the defendants?
18
MR. TRUITT:
No objection Davis.
19
MR. McGRATH:
No objection Durr.
20
MR. JACKSON:
No objection Edwards.
21
THE COURT:
Criminal Instruction Number 397 will be
22
Court's Instruction Number 52, any objection from the·
23
Government?
24
MR. BELLA:
No objection.
25
THE COURT:
Any objection from the defendants?
1036
PDF Page 32
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
MR.
MR.
THE
INSTRUCTION CONFERENCE _ 1037
TRUITT: No objection Davis.
MCGRATH: No objection Durr.
JACKSON: No objection Edwards.
COURT: Criminal Instruction Number 398 will be
Court’s Instruction Number 53, any objection from the
Government?
MR. BELLA: No objection.
THE COURT: Any objection from the defendants?
MR. TRUITT: No objection Davis.
MR. MCGRATH: No objection Durr.
MR. JACKSON: No objection Edwards.
THE COURT: Criminal Instruction Number 399 will be
Court’s Instruction Number 54, any objection from the
Government?
MR. BELLA: No objection.
THE COURT: Any objection from the defendants?
MR. TRUITT: No objection Davis.
MR. MCGRATH: No objection Durr.
MR. JACKSON: No objection Edwards.
THE COURT: Criminal Instruction Number 400 will be
Court’s Instruction Number 55, any objection from the
Government?
MR.
THE
MR.
BELLA: No objection.
COURT: Any objection from the defendants?
TRUITT: No-objection Davis.
PDF Page 33
INSTRUCTION CONFERENCE
•
•
•
.
1
MR. McGRATH:
No objection Du.rr.
2
MR. JACKSON:
No objection Edwards.
3
THE COURT:
Criminal Instruction Number 401 will be
4
Court's Instruction Number 56, any objection from the
5
Government?
6
MR. BELLA:
No objection.
7
THE COURT:
Any objection from the defendants?
8
MR. TRUITT:
9
MR. McGRATH:
No objection Durr.
10
MR. JACKSON:
No objection Edwards.
11
THE COURT:
No objection Davis.
Criminal Instruction Number 28 will be
12
Court's Instruction Number 57, any objection from the
13
Government?
14
MR. BELLA:
No objection.
15
THE COURT:
Any objection from the defendants?
16
MR. TRUITT:
17
MR. McGRATH:
No objection Durr.
18
MR. JACKSON:
No objection Edwards.
19
THE COURT:
No objection Davis.
Criminal Instruction Number 199 will be
20
Court's Instruction Number 58, any objection from the
21
Government?
22
MR. BELLA:
No objection.
23
THE COURT:
Any objection from the defendants?
24
MR. TRUITT:
No objection Davis.
25
MR. McGRATH:
No- objection Durr.
1038
PDF Page 34
INSTRUCTION CONFERENCE'
•
1
MR. JACKSON:
2
THE COURT:
•
No objection Edwards.
Criminal Instruction Number 29 will be
3
Court's Instruction Number 59, any objection from the
4
Government?
5
MR. BELLA:
No objection.
6
THE COURT:
Any objection from the defendants?
7
MR. TRUITT:
No objection Davis.
8
MR. McGRATH:
No objection Durr.
9
MR. JACKSON:
No objection Edwards.
10
•
1039
THE COURT:
Criminal Instruction Number 30 will be
11
Court's Instruction Number 60, any
12
Government?
objec~ion'
from the
13
MR. BELLA:
No objection.
14
THE COURT:
Any objection from the defendants?
15
MR. TRUITT:
No objection Davis, Your Honor.
16
MR. McGRATH:
No objection Durr.
17
MR. JACKSON:
No objection Edwards.
18
THE COURT:
Counsel, one of these instructions I
19
mentioned earlier, but I just want to make sure I get on
20
the record, I think it's Special Criminal Instruction
21
Number 001 and I said point 1.
22
and .3.
23
that it's a three-page instruction.
24
from the Government and that is Instruction Number 7, to
25
all three pages?
It consists of 001.1, .2
I just want to make sure that the record indicates
Any objection to that
PDF Page 35
INSTRUCTION CONFERENCE
•
1
MR. BELLA:
No objection.
2
THE COURT:
From the defendants?
3
MR. TRUITT:
No objection Davis.
4
MR. McGRATH:
No objection Durr.
5
MR. JACKSON:
No objection Edwards.
6
THE COURT:
one of the instructions that the Court has given and has
8
tendered to the attorneys?
MR. TRUITT:
Yes, Your Honor.
10
MR. BELLA:
11
MR. McGRATH:
Yes, Your Honor.
12
MR. JACKSON:
Yes.
13
THE COURT:
14
Yes.
Any instructions that the Government
wishes to retender or tender at this time?
15
MR. BELLA:
No, Your Honor.
16
THE COURT:
Any instructions that the Defendant Davis
17
18
•
Counsel, have I ruled on each and every
7
9
•
1040
wishes to tender or retender at this time?
MR. TRUITT:
Yes, Your Honor.
Defendant Davis will
19
wish to retender Defendant James Davis' proposed jury
20
instruction Number 2 which defines in more particularity
21
the multiple conspiracy, single conspiracy.
22
that the Court's instructions is lacking a --
23
24
25
THE COURT:
And I believe
Counsel, isn't is this covered already by
one of my other instructions?
MR. TRUITT:
I,~on't
believe it is, Your Honor.
I
PDF Page 36
1041
INSTRUCTION CONFERENCE
•
1
don't believe it's covered
2
instruction covers whether there was one conspiracy or more
3
than one conspiracy.
4
what the elements --
5
THE COURT:
6
7
Counsel, isn't that something that, you
know, has to be proven?
MR. TRUITT:
Well, I think there's some evidence to
support that, Your Honor; I think there's certainly an
9
inference.
11 .
•
Your instructions adequately cover
8
10
•
in fact I don't think your
12
THE COURT:
For me to say that there's only one
conspiracy would be wrong, wouldn't it?
MR. TRUITT:
well, the indictment charges among other
13
things only one conspiracy existed, and then it shows --
14
and the last paragraph is defined as the conspiracy charge·
15
did not exist; similarly, if you find the defendant was not
16
a member of the charged conspiracy, then you must find the
17
defendant not guilty.
18
THE COURT:
19
MR. TRUITT:
That's covered, isn't it, counsel?
I don't believe so in that -- with that
I guess you can
I can argue that
20
purpose or emphasis.
21
from the instructions you've given, the Court's conspiracy
22
instructions.
23
THE COURT:
Mr. Bella.
24
MR. BELLA:
I haven't seen the defendant's proposed
25
instruction.
PDF Page 37
INSTRUCTION CONFERENCE
•
MR. JACKSON:
1
touch on whether there was one or more than one conspiracy,
3
and do not instruct the jury that the Government has
4
charged and therefore has the burden of proving that this
5
one grand conspiracy existed.
THE COURT:
Counsel, Court's Instruction Number 26
7
talks about a conspiracy and that he must be proven to be a
8
member of that conspiracy.
9
other one says, you have to prove that conspiracy.
MR. TRUITT:
10
And that basically 'is,what the
I think the Court's Instruction Number 26
11
is an accurate statement of the law_
12
short of addressing the .issue of more than one conspiracy,
13
and we would retender defendant's exhibit -- requested
14
Instruction Number 2.
MR. BELLA:
15
I think it falls
At the outset, Your Honor, I read this
16
instruction, it says the indictment charges among other
17
things that only one conspiracy existed.
THE COURT:
18
19
I don't think that's true that it says
only one conspiracy existed.
MR. TRUITT:
20
•
I don't think the Court's instructions
2
6
•
1042
Pull the indictment.
I believe the indictment charged
21
conspiracy in Count 2 and also another conspiracy in Count
22
3.
But not as to Davis.
23
THE COURT:
24
MR. TRUITT:
25
This doesn't say it's Mr. Davis.
Well, I have no objection to amending it
to read count 3 of the indictment charges that a conspiracy
PDF Page 38
INSTRUCTION CONFERENCE
•
1
•
The
2
indictment charges that -- in Count 3 of the indictment it
3
charges that only one --
4
THE COURT:
Mr. Bella.
5
MR. BELLA:
Well, I can't comment on an instruction I
6
don't have in front of me.
7
faulty, Defendant Davis' proposed jury Instruction Number
8
2.
9
•
. ··existed, and in particular I just -- in that fashion.
1043
This instruction I think is
The indictment charges more than one conspiracy, and
10
this instruction talks about only one being charged; it
11
talks about there must be on~ plan and one conspiracy, and
12
so I think that this instruction on its face is faulty .
13
THE COURT:
Gentlemen, I'm going to take this under
14
advisement for a second just so I can go through and find
15
out what's' remaining and then I may gi ve you an
16
opportunity, Mr. Truitt, to try to clean it up and then
17
relook at it.
18
statement of what the facts are.
19
now, I will not give it.
20
cleaned up, that I may not reconsider that position.
As it is right now, it is not a correct
21
Any others?
22
MR. TRUITT:
And as it stands right
That does not mean that if it's
Defendant Davis does not wish to retender
23
any of the other instructions previously submitted to the
24
Court.
25
THE COURT:
And~as
no new instructions.
PDF Page 39
INSTRUCTION
•
1
MR. TRUITT:
2
THE COURT:
3
MR. McGRATH:
4
Durr.
Defendant Durr has no new instructions,
no old instructions either.
THE COURT:
6
MR. JACKSON:
Edwards.
Defendant Edwards will not retender any
7
or resubmit any instructions, nor will he submit any new
8
instructions.
10
11
THE COURT:
Mr. Truitt, I'll leave this up',here so
that you can take a look at
that~
Now, gentlemen, I have also given to you
apacke~
of
12
verdict forms.
13
them -- and I'll do it if you want me to, do -- does the
14
Government any objection to the forms of verdict?
Without going through each and everyone of
15
MR. BELLA:
No objection, Your Honor.
16
THE COURT:
Defendants.
17
MR. TRUITT:
18
•
And has no new instructions, Your Honor.
5
9
•
1044
CONFERENC~
Defendant Davis has no objection to the
verdict forms as tendered, Your Honor.
19
MR. McGRATH:
No objection from Durr.
20
MR. JACKSON:
No objection from Edwards.
21
THE COURT:
Is there anything else that has to be done
22
with reference to either the instructions or the verdict
23
forms with the exception of Mrft Truitt's request?
24
25
MR. McGRATH:
I don't think this will be
~
problem,
but does the Court give any signal when you're near the end
PDF Page 40
INSTRUCTION CONFERENCE
•
1
'. of your time?
2
THE COURT:
I would prefer
that you have your fellow counsel do it, but if I see that
4
you are within a few minutes of it, I may say --
6
MR. McGRATH:
I really don't think it will be a
problem.
7
THE COURT:
couple of minutes and go from there.
8
But if you can, I prefer to· have your fellow counsel -- in
9
your case, Mr. Bella, maybe the agent can do it, go through
10
11
12
that.
Mr. Truitt, how long will it take for you to go
through this again if you're going to resubmit it?
13
MR. TRUITT:
Not more than five minutes, Your Honor.
14
THE COURT:
Why don't we recess, do that, we'll come
15
back and-address that and then we'll go into final
16
arguments, and I
17
to whether or not I instruct the jury at that point or if I
18
go through and let them eat and then instruct them.
I guess I'll have to play it by ear as
19
Anything else to be covered?
20
MR. McGRATH:
Nothing, Your Honor.
21
MR. JACKSON:
Nothing, Your Honor.
(There was a recess taken.)
22
•
Counsel, sometimes I do.
3
5
•
1045
23
THE COURT:
Mr. Truitt, I have prepared an instruction
24
which is tailored after what you have indicated.
You have
25
sent back another instruction and I was concerned with it
PDF Page 41
INSTRUCTION CONFERENCE"
•
1
because you only dealt with Count 3; Counts 1 and 2 are
2
also conspiracy counts.
3
•
So I have prepared an instruction that I think may
4
meet your needs; I have given it to all counsel.
5
suggestion that this be placed in as an A instruction and-
6
possibly after the other conspiracy instruction which I
7
think is 26.
8
MR. TRUITT:
9
THE COURT:
My
That is correct, Your Honor.
So I would suggest that this be 26A.
10
Special Criminal Instruction Number 003 will be 26A.
11
objection from the Government?
Any
12
MR. BELLA:
13
MR. TRUITT:
No objection from Davis, Your Honor.
14
MR. McGRATH:
No objection Durr.
15
MR. JACKSON:
No objection Edwards, Your Honor.
16
THE COURT:
And any objection to making it 26A?
17
MR. BELLA:
No objection
18
MR. TRUITT:
No objection.
19
MR. McGRATH:
No objection.
20
MR. JACKSON:
No objection.
21
THE COURT:
22
•
1046
No objection
We'll do that.
Does that now cover all
the instructions by the Court, tendered or retendered?
23
MR. BELLA:
24
MR. TRUITT:
25
THE COURT:
Yes, Your Honor .
Yes, Your Honor.
And counsel have already indicated they
PDF Page 42
1047
•
1
have no objection to the verdict forms.
2
MR. TRUITT:
3
THE COURT:
we're going to go beyond the final arguments and go through
5
that.
6
time getting this instruction corrected.
I didn't realize that we were going to take as much
Anything else counsel wish to address the Court about
8
before we call the jury down?
9
final opportunity to look at the Court's instructions and
Counsel, I' 11
giv,~
you a
10
make sure that everything that
11
and nothing more and that the right ones are in there, and
12
the verdict forms before they --
13
send them up, so they'll be available to you.
14
jury.
16
17
I
said was there is there
I
read them to the jury or
Call the
(The jury were escorted into the courtroom,
and the trial resumed in open Court,
reported as follows:)
15
•
Counsel, because of the time I don't think
4
7
•
Correct.
THE COURT:
You may be seated.
Ladies and gentlemen,
18
both sides have rested.
19
summations will attempt to tell you what they think the
20
evidence shows.
21
you will disregard what they say unless supported by the
22
evidence.
23
defense, followed by a brief rebuttal from Government's
24
counsel.
25
The attorneys now in their
Again what they say is not evidence and
The Government's counsel begins, followed by the
Mr. Bella, you -may proceed with final arguments.
PDF Page 43
FINAL ARGUMENT - GOVERNMENT
•
MR .. BELLA:
1
ladies and gentlemen of the jury.
3
for your attention throughout the course of the trial.
First of all, thank you
There was a lot of evidence presented to you in the
5
course of last week and also yesterday.
6
us battled through illness and as a result of that, through
7
some exhaustion during the course of the week especially
8
towards the end of last week I think.
9
your patience in listening carefully to the evidence
10
We've -- many of
And I thank you for
through all of that.
This was an easy case to try in the sense that
11
so much evidence against the defendants.
th~re
It was also a
12
i~
13
difficult case to try for the same reason; there was so
14
much evidence to present to you.
The best way to review the evidence that you heard
15
•
Good morning,
2
4
•
Thank you, Your Honor.
1048
16
during the course of the trial, ladies
17
think is to go through the counts as they are presented to
18
you.
19
here as to the counts that you'll be considering, and I'd
20
like to go through them with you and the evidence that you
21
heard during the course of the trial that made out these
22
counts.
23
a~d
gentlemen, I
And so what I've done is made some notes on the board
And on the right are the counts that you'll be
24
considering.
There'S gaps in the numbers and you'll
25
receive an instruction that indicates you should ignore
PDF Page 44
. 1049
FINAL ARGUMENT - GOVERNMENT
•
"
1
those gaps.
2
numbering goes straight through and then there are gaps in
3
the telephone count numbers.
4
And on the left is the five elements which must be
proven to make out the crime of a continuing criminal
6
enterprise.
7
continuing criminal enterprise count.
9
And I'll get to that when we get to that
First I'd like to start with Count 1.
The fir$t three
counts were conspiracy counts, and Count" 1 was a conspiracy
10
count alleging that Lee Edwards conspired with Robert
11
Burrell, also known as Cuz.
12
conspired with another source of supply, Robert Matthews,
13
and Count 3 is the big conspiracy count with the others.
14
So let's turn first to Count 1, the charge that Lee
Count 2 alleges that he
15
Edwards conspired with Robert Burrell, also known as Cuz,
16
who as you heard during the course of the trial was one of
17
the sources of supply of heroin to Lee Edwards.
18
•
But essentially for the first 14 counts, the
5
8
•
.
And you heard Jimmie Edwards testify that Cuz or
19
Robert Burrell was Edwards, Lee Edwards' source of supply
20
for heroin.
21
heroin in dip quantities and Lee Edwards would buy several
22
dips at a time at a certain price, about 250 or $275 a dip,
23
if I recall his testimony correctly.
24
25
And he testified that Cuz usually sold the
And Lorri Edwards also testified that after she met
and married Lee Edwards,' she became aware of Cuz and that
PDF Page 45
FINAL ARGUMENT - GOVERNMENT
•
Le~
2
would come to the Edwards' house, sometimes they would meet
3
at another location, sometimes at a hotel in Calumet City,
4
sometimes at a Burger King on Torrence Avenue.
5
heard specific evidence of a meeting taking place near the'
6
Denny's and the Bob Evans on Cline Avenue.
And you
And you heard Jimmie Edwards testify that at that
8
time, September 2, 1990, unbeknownst to him, federal agents
9
were watching.
Unbeknownst to him, the Title III wire
10
tapping had been done, federal agents listening in to the
11
phone calls so that you could be there at that place and
12
time to watch that transaction take place .
13
And Jimmie Edwards testified that on that date he
14
went out to Denny's on Cline and purchased three bags of
15
heroin from
16
Lee Edwards who sent Jimmie Edwards out there in Lee
17
Edwards' truck.
18
•
Sometimes Cuz
1
7
•
Edwards would get together with Cuz.
1050
~uz,
or Robert Burrell, and did so on behalf of
And Robert Pertuso testified about the surveillance
19
that he maintained, and he testified about particular times
20
and particular events that he observed that day.
21
heard the tape recordings of those telephone calls setting
22
up that meeting; Robert Burrell having been beeped by Lee
23
Edwards, calling Lee Edwards' phone in the morning of
24
September 2 and talking to Lorri.
25
Lee wants three bags; ,she said, I'm counting my money now;
And you
And Lorri saying that
PDF Page 46
FINAL ARGUMENT - GOVERNMENT
•
1
-they are counting their money. now to see how many bags he
2
wants.
3
what?
4
•
And then he says he wants three.
And Cuz says
And she says three bags.
And then they discuss where they are going to meet
5
and Cuz says, I don't want to come all the way in there,- he
6
says I can meet you on Cline.
7
there is another phone call where Cuz calls Lee and Cuz
8
says, I been out already, I been to the race track, I've
9
been around doing business, let's get together if you want
And then later that day
10
to get together.
11
they agree to meet at Bob Evans on Cline.
12
send my brother, Bro June, Jimmie's nickname .
And he says I can come to Cline.
And so
Lee says I'll
And Cuz says -- after some misunderstanding, says,
13
14
oh, yes, your brother June, okay.
15
then.
16
•
1051
We'll meet at Cline
We'll meet at Denny's on -- Bob Evans on Cline.
Then under surveillance, Robert Pertuso observes
17
Robert Burrell arrive at the Denny's or actually at the Bob
18
Evans, observes him arrive at the Denny's.
19
They agreed to meet at the Bob Evans but for some reason
20
Burrell went to Denny's and he sat at the counter in the
21
Denny's and he was observed by Bob Pertuso to sit there
22
with a female.
23
I'm sorry.
And Bob Pertuso says at 8:54 p.m., Robert Burrell left
24
the counter, went to the southeast corner of the
25
restaurant.
And BQb Pertuso said that at 8:56 p.m.,
PDF Page 47
FINAL ARGUMENT - GOVERNMENT
•
o •
1
. exactly two minutes later, Burrell returns to the counter.
2
And then you heard a tape of a telephone call at exactly
3
8:55 p.m., the evening of September 2.
4
you that where Robert Burrell went when he left the
5
counter, went to the southeast corner of the restaurant
6
between 8:54 and 8:56 was to use the phone.
7
8:55, right between those two times, there is a phone
8
intercepted on the Title III wiretap where
9
calls Lee and Burrell says, I'm here,
10
•
says, I'm here.
And I suggest to
~here
Because at
Robe~~
Burrell
are they?
He
And Lee says, they should be there.
11
And sure enough, six minutes later at 9:01 p.m., the
12
truck registered to Lee arrives at the Bob Evans' parking
13
lot; Jimmie gets out, he walks from the parking lot to the
14
Denny's lot.
15
the middle of this big old Denny's lot, they walk back to
16
Lee's truck, an exchange takes place, and at 9:20 p.m.
17
Jimmie exits the lot and at 9:30 p.m., ten minutes later,
18
he's observed pulling up at 1522 Taft street.
19
•
1052
Burrell exits the Denny's, he meets Jimmie in
You heard the phone calls setting up the transaction,
20
the phone calls between Lee and Lorri and Burrell and
21
putting that together with the testimony you heard, it'so
22
clear that that transaction took place on behalf of Lee
23
Edwards.
24
25
Put that together with the rest of the testimony of
Jimmie Edwards and LQt"ri Edwards about how they used to get
PDF Page 48
FINAL ARGUMENT - GOVERNMENT
•
1
heroin from Burrell in the past as a source of supply for
2
Lee Edwards, and you come to the final question was there a
3
conspiracy between Lee Edwards and Robert Burrell?
4
answer is yes.
~upply.
6
another source of
7
cocaine.
8
between Robert Matthews and Lee Edwards, very short phone
9
calls.
10
This time a source of supply of
And you heard a couple tapes of phone calls
On August 23, a phone call, again an outgoing phone
11
call, one of the few outgoing phone calls, but there was so
12
many incoming phone calls from customers ordering drugs
13
from Lee Edwards, but one of the few times that Lee Edwards
14
would callout on his phone to somebody else was when he
15
would call Robert Matthews.
16
and in that short phone call, Robert Matthews says, did you
17
need to see me?
18
Matthews says, I'll be right on then.
19
testified he knew what Lee was calling about, he wanted
20
cocaine.
21
see me?
22
•
And the
count 2 alleges a conspiracy with Robert Matthews,
5
•
1053
And he called Robert Matthews
And Lee Edwards says yes, and Robert
And Robert Matthews
Nothing more needed to be said.
Do you want to
Okay, I'll be there.
And one minute later, Lee Edwards calls right back
23
and says I'm on 15th.
And you heard testimony about how
24
Lee Edwards would switch from 460 Taft Place to 1522.
25
would have too much traffic, too much heat, one location to
They
PDF Page 49
FINAL ARGUMENT - GOVERNMENT
•
1
2
And then August 31 you heard another phone call, same
type of phone call.
4
Matthews says do you want me to come through there?
5
says yes.
6
shortly.
7
another supply of cocaine from Robert Matthews.
8
Matthews told you that he sold cocaine to Lee Edwards in
9
ounce quantities for about $1100 an ounce.
11
Lee calls Robert Matthews, Robert
Lee
Robert Matthews says, okay, I'll be there
A week later, eight days later, Lee is ordering
And Robert
And he said he
had done that for a period of several months.
Was there a conspiracy between Lee Edwards and Robert
12
Matthews where Robert Matthews was a source of supply of
13
cocaine to Lee Edwards?
And the answer is yes.
14
Then you get to the big conspiracy count, Count 3.
15
And we turn in Count 3 from the sources of supply to the
16
agreement between Lee Edwards and those supplying him, to
17
the agreement between Lee Edwards and his whole
18
organization, those who work for him.
19
count included people like Brett Guyton, Willie McIntosh,
20
Flakes Kellum, James Barefield, Lorri Edwards, James Davis,
21
Lynetta Durr and others.
22
•
switch back and forth.
3
10
•
1054
And that conspiracy
In my opening statement, ladies and gentlemen, I told
23
you that you would hear evidence of an organization, a drug
24
trafficking organization with Lee Edwards at the helm.
25
you would hear of se¥eral echelons of this organization,
And
PDF Page 50
FINAL ARGUMENT - GOVERNMENT
•
1
. and you would also hear of Lei Edwards' sources of supply
2
and we've talked about some of the sources of supply in
3
those first two counts and you heard of others like Abi.
4
And
5
the sources of supply, you would hear of echelons, and one
6
of those echelons was those selling for Lee, those who
7
would get a supply of drugs for Lee, sell them to other
8
people and get a cut, commission, a share of
9
•
•
1055
I
told you that in this organization when you get
pas~
th~money.
And in that echelon, there were flakes Kellum, James
10
Barefield, Little James, James Davis, and as you heard_from
11
the testimony of Gwendolyn Campbell, for example, and from
12
some of those phone calls, Lynetta Durr .
13
Then there was another echelon, the runners, those
14
who instead of selling drugs for a commission would get a
15
share of the -- would get some drugs for their own use for
16
running drugs out, doing minor chores like answering the
17
phone and meeting drug customers.
18
McIntosh, Brett Guyton, Phenether Buchanan.
19
telephone calls where drug customers would come in, I want
20
20, they'd turn to Lee, always the person on the phone
21
would have to see if it's okay with Lee.
22
okay, they'd agree to meet somewhat, they'd run the drugs
23
out there.
24
25
And those include Willie
And you heard
Turn to Lee, it's
And I also told you that you'd hear of relatives,
relations of Lee
who'-d~d
a little bit of everything.
And
PDF Page 51
FINAL ARGUMENT - GOVERNMENT
•
y~u
2
everything, agreed to answer the phone, run drugs out to
3
customers.
4
Edwards would accompany Jimmie for example or would go
5
himself to the sources of supply to pick up drugs.
6
Edwards, who did a little bit of everything.
But also you heard testimony that Willie
Lorri
I told you,. ladies and gentlemen, you'd see a drug
8
organization in action and I think during the course of the
9
trial you did.
10
11
And you heard phone call after phone call
after phone call.
There is testimony from some of the FBI agents that
12
there is something like 500 to 800 phone calls.
13
heard a number yourself to the point where you get tired of
14
hearing phone calls, hearing the same thing over and over
15
again, I want a half a dip, I want a 30, I want a 20, let's
16
meet here, let's meet there.
17
•
heard about Willie Edwards who did a little of
1
7
•
1056
And you
The challenge in this case was to narrow down that 500
18
to 800 phone calls to something that could be presented to
19
you in the course of a week so you could see what was going
20
on, what was happening.
21
tell what was happening with Lee Edwards, the people
22
working for him, and what was going on at 460 Taft place
23
and at 1522 Taft street.
24
25
And
I
think you heard enough to
Over and over again you heard of the customer calling
in, placing the order, a person answering the phone,
PDF Page 52
. 1057
FINAL ARGUMENT - GOVERNMENT
•
•
1
2
"being is sent out.
And you even heard toward the end of
3
the day yesterday, some phone calls of Lee answering the
4
phone and always saying, I'll have someone out there to
5
meet you.
6
Willie McIntosh, you know Willie McIntosh, I'll have him
7
out there to meet you.
You know, that guy with the glasses, Brad,
That's how he operated.
8
And you also heard not only about the runners, but
9
the way the people who worked for Lee ori a commission if
10
you will, operated.
11
and Lorri Edwards testified that Lee Edwards would provide
12
drugs to Flakes, he'd make a ticket -- and you heard a
13
telephone conversation about the ticket, I lost my ticket,
14
tell me how much I ordered.
15
knew how many packets of drugs and what size these people
16
got, and he'd know how much money was supposed to come back
17
to him, him being Lee Edwards.
18
people got a commission.
19
•
checking with Lee, arranging a place to meet and the runner
Flakes Kellum, for example,
testifi~d,
They'd make the ticket so he
And in exchange, these
Flakes Kellum, Little James, Gwendolyn Campbell,
20
Lynetta Durr, Rosetta Pirtle, ponderosa, we also heard of
21
her also working on that same basis in that same group of
22
people.
23
Was there a conspiracy between Lee Edwards and all
24
these other people named in Count 3 of the indictment?
25
answer is yes.
The
PDF Page 53
FINAL ARGUMENT - GOVERNMENT
•
Ladies and gentlemen, the conspiracy law can be
1
2
something that will need to be understood and the Judge
3
will instruct you about conspiracy law, but his
4
instructions will make clear to you that members can join a
5
conspiracy, they don't have to join all at the same time,
6
they can drop out. of the conspiracy.
7
extend over a period of time, they don't all have to join
8
at the same time, they don't even have to know of each
9
other.
11
purpose or common plan, common agreement if you will.
12
by agreement would mean a common purpose.
13
showed you, ladies and gentlemen, Lee Edwards has been
14
dealing drugs for a long period of time and he has
15
continued with that process, and members have joined and
16
dropped out.
17
then she dropped out.
18
sold.
19
in later on.
20
•
The conspiracy can
The main element of a conspiracy is having a common
10
•
1058
But
And the evidence
Gwendolyn Campbell sold for him for a while,
while she was selling, Lynetta Durr
Later on, Lorri Edwards came in, Flakes Kellum came
But it was the same thing that was going on throughout
21
that entire period of time.
And what we have hete in Count
22
3 is one large conspiracy that lasted over a long period of
23
time where all the members of the conspiracy, all the
24
workers shared that same common purpose: to sell drugs for
25
Lee Edwards and to make some money for themselves along the
PDF Page 54
FINAL ARGUMENT - GOVERNMENT
'.
1
2
And then we get to the continuing criminal enterprise
charge which
4
criminal enterprise.
5
the Judge will instruct you that there are five elements
6
that need to be proven to make out a continuing criminal
7
enterprise.
8
violation has been committed, and you've heard more than
9
enough evidence that Lee Edwards has committed a
11
•
way.
3
10
•
1059
abbreviated C-C-E-
I
r
maintaining a continuing
And there are elements to that.
And
And one of those is that a felony drug
f~lony
drug violation.
The second is that there be a series of violations,
12
and the Judge will instruct you that that means at least
13
two violations, excluding the conspiracy counts, at least
14
two violations.
15
evidence that Lee Edwards has violated the drug trafficking
16
laws over and over again.
17
And two things
And again you've heard more than enough
I
want to note here, first of all, not
18
all those violations need be charged or result in
19
convictions.
20
evidence of all the times that Lee violated felony drug
21
trafficking laws.
22
where a distribution of heroin was set up to Elaine Hughes
23
on this date on this time, to somebody else calling in.
24
Cookie calling on this date on this time, to others who
25
would call in, Sharon Bradley on a different day and a
And you can take into account all the
And you've heard multiple phone calls
PDF Page 55
FINAL ARGUMENT - GOVERNMENT
•
1
different time.
So you've heard evidence
2
violations over and over
again.
4
it's heroin or cocaine, is another felony violation of the
5
drug trafficking laws.
6
you've heard direct evidence of other violations that have
7
been charged, the purchases by Walter pettigrew, the
8
.possession with intent to distribute on the day of the
10
12
Each one of those distributions of drugs, whether
search.
And all you need is two.
And
So there are multiple felony violations of drug
trafficking laws by Lee Edwards.
So those first two elements are satisfied by the
11
evidence that you've heard.
Lee Edwards sold to Walter Pettigrew six times on six
13
14
different occasions; each one of those was a felony
15
violation.
16
October 11 1990, the day of the search.
17
instruct you that distribution of cocaine or heroin and
18
possession with intent to distribute, as happened on the
19
day of the search, qualify as felony violations of drug
20
trafficking laws.
21
•
of
3
9
•
1060
.
And he possessed with intent to distribute on
And the Judge will
Getting back to those phone calls, the Judge also
22
will instruct you that if the acts of another are willfully
23
ordered, directed or authorized by the defendant, then the
24
defendant is responsible for such acts as though the
25
defendant personally committed them.
So Lee Edwards is
PDF Page 56
1061
FINAL ARGUMENT - GOVERNMENT
•
responsible for each one of those phone calls where
1
2
.
~omebody
3
drugs.
4
regard to the second count, do we have a continuing series
5
of violations?
Yes, we do.
Getting on to the third element -- I'm sorry, not
7
third count, third element.
8
violations has to be undertaken in association with five or
9
more other persons.
This continuing series of
So let's see if that element has been
10
satisfied, and let's work through these elements one at a
11
time and see if they've been satisfied.
12
With regard to the third element, were there five or
13
more other persons who associated with Lee in violating
14
drug trafficking laws?
15
them.
16
Barefield, Phenether Buchanan -- and you heard some tapes
17
of her and that's why you heard the tape, to show you what
18
she was doing, that she was part of it too.
19
•
delive~
Getting on to the third count, do we have -- with
6
•
is sent out to
Well, let's name them, let's count
Brett Guyton, Willie McIntosh, Flakes Kellum, James
Willie Edwards, and you heard some tapes with him also
-
20
showing you that he was part of it, he was answering the
21
phone, he was getting people to deliver drugs, so he's
22
another one.
23
further.
24
Rosetta Pirtle also known as Ponderosa.
25
back to Al Moore who was named by Lorri Edwards and by
Lorri Edwards, Little James.
And you can go
Gwendolyn Campbell, Lynetta Ourr, Jimmie Edwards,
You can go way
PDF Page 57
FINAL ARGUMENT - GOVERNMENT.
•
1
Jimmie Edwards.
2
operated the house for Lee at 7th and virginia.
3
there we must have named a dozen people or more, and I
4
suggest to you that the list goes onA
6
Edwards in violating drug trafficking laws?
7
were.
9
Right
Yes, there
And the fourth element is that Lee Edwards was an
8
•
A Billy Tendall who Lorri Edwards said
Were there five or more people associated with Lee
5
•
1062
organizer or occupied a position of manager or supervisor
10
of all these people that worked for him in violating the
11
drug trafficking laws.
I'll ask you, ladies and gentlemen, who sent Willie
12
13
McIntosh out to deliver drugs, who sent Brett Guyton out to
14
deliver drugs?
15
decides what happens, who decides if you're going to go out
16
and deliver drugs, how much you're going to go out and
17
deliver them, whether you're going to work that day or not,
18
how much is going to be delivered?
19
the drugs come?
20
go to?
21
Lee.
22
for Flakes Kellum and James Barefield, Little James,
23
Lynetta, Gwendolyn Campbell and Ponderosa?
24
them, I'll give you this many packets of drugs to sell, you
25
sell them, you
When they testified, I asked them who
They come from Lee.
The money goes to Lee.
Lee decides.
Where do
Where does the money
Who controls everything?
Who makes the financial arrangements for the workers,
ke~p
$2 per dime bag?
Who says to
Lee does.
PDF Page 58
FINAL ARGUMENT - GOVERNMENT
•
1
drugs, who has the sources of supply, who distributes the
3
drugs, who controls the money?
Lee Edwards does.
Jimmie Edwards said this whole thing wouldn't happen
5
if it weren't for Lee Edwards.
6
the connections, he ran the whole thing.
7
an organizer?
8
people?
9
Lee had the money, he had
Was Lee Edwards
Was he a manager, a supervisor of all these
Yes, he was.
And then we get to the fifth and final element.
t~afficking
From
10
all this, from these series of drug
11
with whom he associated with five or more people, with
12
respect to whom he was an organizer or supervisor or
13
leader, did Lee Edwards obtain substantial resources?
14
fifth and final element.
15
violations
The
Jimmie Edwards testified that Lee Edwards hasn't
16
worked a job since 1974.
17
lived in; 460 Taft Place and 1522 Taft street.
18
apartment building on 5th and Grant, a building which is no
19
longer there but he had it when it was there.
20
Edwards collected rent there.
21
•
Who gets the
2
4
•
'Who controls the whole organization?
1063
And yet he had two houses that he
He had an
Lorri
He had the house on 7th and Virginia, he had the
22
duplex at 49th and Kentucky, he had the liquor store
23
Jimmie Edwards said he helped count out close to $100,000
24
for, he paid for it.
25
Lorri stopped at· the Cadillac dealer, he wanted a car.
~hat
He had the Cadillac where he and
PDF Page 59
FINAL ARGUMENT - GOVERNMENT-
•
1
Sure, we'll stop in, we'll pick one out.
2
out, go home and count out $30,000 and bring it back.
4
money they had laying around at home.
5
there was something like $6,000 in that purse in the
6
bedroom, there was over $5,000 in the bed post that came
7
off.
8
to $20,000 that was hidden in the fireplace and that when
9
that money was first put in there, there was origfnally
10
11
The day of search
And Lorri Edwards testified that the agents missed 15
$40,000 in that fireplace.
Did Lee Edwards obtain substantial resources from his
12
drug trafficking activities?
13
Edwards guilty of maintaining a continuing criminal
14
enterprise?
15
answer to that, ladies and gentlemen, is yes.
16
•
They picked one
The Cadillac that he paid $30,000 cash for out of
3
•
1064
The answer is yes.
Is Lee
All the elements have been proven and the
And then after we get past the fir$t four counts, the
17
conspiracy counts and the continuing criminal enterprise
18
counts, we get to Counts 5 through 11, the controlled buys.
19
And there are seven counts altogether even though there
20
were controlled buys made on six different dates by Walter
21
p~ttigrew,
22
dates, Walter Pettigrew purchased two different kinds of
23
drugs from Lee Edwards; heroin, cocaine.
24
those is the subject of a separate count.
25
there are a total of seven counts with regard to those six
and the reason for that is that on one of those
So each one of
And that's why
PDF Page 60
FINAL ARGUMENT - GOVERNMENT .
•
1
dates on which he made controlled
".
3
quickly.
4
out table here with the dates on them, maybe some of you
5
noticed the dates as they ran through, March 23, April 23,
6
June 11, September 1, September 5 and October 10.
Count 5, March 23, 1990, you saw the drugs laid
Count Number 5 was March 23, 1990, the first of those.
8
Walter Pettigrew came up from Indianapolis, met with Ella
9
after meeting with the federal agents and other law
10
enforcement officials, met with Ella Lawrence at 460 Taft
11
Place, went from there to 1522 Taft street.
12
answer, knocked on the door, there was no answer.
13
a pay phone nearby because they figured somebody had to be
14
home and just weren't
15
phone nearby, called the house, then they got an answer.
16
They returned to the house, Lee Edwards opened the second
17
floor window, throws the keys down to Pettigrew, and
18
Pettigrew and Ella Lawrence enter the residence.
19
surveillance agents testified they sawall this, they saw
20
the second floor window open, they saw the keys thrown
21
down.
22
•
buys~
Turning first to Count 5, let's run through them
2
7
•
1065
answering~
There was no
Went to
So they went to the pay
The
Walter Pettigrew was provided with $600; he purchased
23
a quarter ounce of heroin from Lee Edwards for $500.
He
24
returned the $100 change to Karen Pertuso.
25
testified that the substance that was purchased on March 23
The chemist
PDF Page 61
FINAL ARGUMENT -
•
•
1
was heroin of a potency of about 4.7 percent.
'.
And Vince
2
Balbo testified early in the trial that street level heroin
3
is about anywhere from two to eight percent.
4
was this purchase.
4.7 percent
5
Count 6, distribution of heroin on April 23, 1990.
6
This date Walter Pettigrew was provided with a thousand
7
dollars.
8
to 460 Taft Place again, meet with Ella Lawrence.
9
together they go to the Black Horseman Liquor
This date he meets with Officer Roper and they go
Then
5t6~e.
10
Together they all enter the liquor store through the
11
employee's entrance.
12
walter Pettigrew goes into a separate room with Lee
13
Edwards; Walter Pettigrew purchases two quarter ounces of
14
heroin for $500 each, spends about a thousand dollars.
15
chemist testified that there were two packets of heroin
16
turned into the chemist, one of them weighed 5.8 grams, was
17
heroin, and in a potency of 4.8 percent.
18
weighed 5.7 grams, was heroin at a level of 4.7 percent,
19
about the same levels as the heroin purchased before.
20
purchases of heroin on that
count 7.
21
•
1066
GOVERNMEN~
The
The other one
Two
date~
June 11, 1990, Walter Pettigrew comes up
22
again.
This time he meets with Detective Dorsey instead of
23
Roper and he's provided with a thousand dollars again.
24
with Detective Dorsey he goes to the Black Horseman Liquor
25
store and they find that that's
closed~
So they go to a
PDF Page 62
1067
FINAL ARGUMENT - GOVERNMENT
•
",
1
pay phone nearby, they call Lee Edwards and then they go to
2
1522 Taft street.
3
instructions, don't bring your friend in.
4
around the corner.
5
would come in, how much traffic they'd have, where they
6
could park, where they could meet.
7
•
Park the van
Lee Edwards was particular about who
So they parked the van around the corner.
Detective
8
Dorsey observes Walter pettigrew go to Lee Edwards' house
9
at 1522 Taft street.
Special Agent Becker later testifies
10
that he was the surveillance agent and that Pettigrew went
11
to 1522 Taft Street.
12
residence and he comes out with two paper packets, walks
13
back to the van.
14
Edwards' instructions.
15
dated those paper packets.
16
morning, perhaps you saw those paper packets with Dorsey's
17
signature and the date of June 11, 1990, on them.
18
Pettigrew entered Lee Edwards'
They drive the van past the house per Lee
Dorsey testified that he signed and
You saw that evidence this
The chemist combined both packets into one, so both
19
papers were in the same plastic bag.
20
two quarter ounces weighed 11 grams and were heroin.
21
•
Lee Edwards gives Pettigrew
count 8.
And together those
On September 1, 1990, Pettigrew this time
22
is given $4,000.
He gives $3100 to Lee Edwards and he
23
waits there a long time, and this time he is told that
24
there was -- that the money and drugs were lost in a bust
25
in Chicago,
something,~ent
wrong.
So Lee makes some kind
PDF Page 63
FINAL ARGUMENT - GOVERNMENT
•
1
of an accommodation with him.
2
cocaine, gives him $1250 in cash back, Lee still owes
3
$1600.
4
Pettigrew returns the rest of the money to the -- to
Karen Pertuso.
6
grams of cocaine at a potency of 87 percent.
count 9.
The chemist testified that that was three
September 5, 1990, only four days later
8
because -- because Lee Edwards owes Pettigrew money, they
9
have to finish this deal up now.
So Count 9 and Count 10,
10
September 5, 1990, $900 is given to Walter Pettigrew to go
11
with the $1600 that Lee still owes him.
12
with Lee, he purchases one ounce of cocaine and a half
13
ounce of brown heroin.
14
heroin.
15
24.7 grams of cocaine at a potency of 83 percent, and 14.1
16
grams of heroin at a potency of 1.2 percent.
17
is cutting more into the drugs at this point.
18
•
Lee gives him $250 worth of
5
7
•
1068
Pettigrew meets.
Hence the two counts, cocaine and
And the chemist testifies that those exhibits are
Lee Edwards
And finally count 11, the last controlled buy which
19
starts on October 10 -- I mean it starts on October 9 and
20
goes into the hours of October 10.
21
at Lee Edwards' house for a long, long time.
22
he's given $9500 by the federal
23
purchase some heroin that's of greater purity than what
24
he's gotten before.
25
Edwards' house, they spot two suspicious characters
And again Pettigrew i$
agents~
On this date
He wants to
And Pettigrew while he's at Lee
PDF Page 64
FINAL ARGUMENT - GOVERNMENT
•
1
9utside, suspicious in that they might be law enforcement
2
agents.
3
else out to drive through the neighborhood and check it
4
out.
6
waiting for quite some time, Pettigrew purchases three
7
ounces of heroin for $1800 an ounce or a total of $5400
8
from Lee.
9
more pure heroin, just a gram, for $600.
And" after some bickering gets a gram of some
And the cbemist
10
testified that what he analyzed was 85.8 grams of heroin,
11
the three ounces, at a potency of 4 percent, about the same
12
as the other sales, most of the other sales that Edwards
13
made.
And he also analyzes one gram, 1.0 grams exactly,
14
15
probably using that triple beam balance scale to measure it
16
out exactly, 1.0 grams of heroin at a potency of 47
17
percent.
Counts 5, 6, 7, 8, 9 and 10 and 11, the controlled
18
19
buys.
20
heroin to Walter pettigrew on all of those dates?
21
answer is yes, ladies and gentlemen.
22
•
And Lee Edwards sends walter Pettigrew and someone
And they do, and they come back and finally after
5
•
1069
Is Lee Edwards guilty of distributing cocaine and
The
And then we get into Counts -- before we go on, let's
23
talk a little bit about that one gram of heroin at a
24
potency of about 47 percent.
25
doing a little simple math, I think you can calculate that
May not sound like much, but
PDF Page 65
FINAL ARGUMENT - GOVERNMENT
•
1
if" you took that one gram of 47 "percent heroin and
2
converted it, mixed it with some of that mix, that lactose
3
that you saw, into four percent, four percent mixture of
4
heroin and then sold it, you would get close to 140 grams
5
of heroin from that one.
6
•
Let's go on to Counts 12 and 13.
Possession with
7
intent to distribute cocaine and heroin, hence the two
8
counts.
9
•
1070
And that relates to the date of the search.
October 11, 1990, the federal agents searched 460 Taft
10
Place and they found a number of items, a number of which
11
you're seen.
12
container.
13
testimony, he said that when he was at Lee Edwards' house,
14
he said that Lee Edwards had this orange plastic container
15
like that, with a lid, that he kept the drugs in.
16
saw some of Exhibit 39, orange plastic container with the
17
lid, and there's a photograph of that you'll see with the
18
lid open and some substance in it.
One of them was that orange plastic
And if you remember Willie McIntosh's
And you
And that was found.
19
And also there was testimony about a Seagrams bag.
20
You remember Flakes Kellum talked to Lee Edwards during one
21
of the telephone calls and Lee said, where's that Seagrams
22
bag, did Lorri leave it up there?
23
what is that Seagrams bag?
24
keep liquor in; Lee kept drugs in it.
25
And the
photograph~
And he says, Flakes,
And he says, it's a bag you
will go into the juryroom where
PDF Page 66
FINAL ARGUMENT - GOVERNMENT
•
1
you can get a closer look at them, it's Government Exhibit
2
16, that can that you saw.
3
orange plastic container with the lid and substance in it,
4
but in this can it shows the Crown Royal bag, commonly
5
referred to as the Seagrams bag.
Seagram is Crown Royal.
6
Excuse me, ladies and gentlemen.
A blue bag that you keep
7
8
9
•
•
1071
'.
It also shows that little
that you keep liquor in.
And there'.s Lee Edwards' Segrams bag.
And inside that
bag, the agents testified, was some clear plastic
10
containing a powdery substance.
11
you saw the Planter's peanut can and the Dairy Rich
12
container, and the chemist testified that those contained
13
lactose.
14
And ladies and gentlemen,
And Jimmie Edwards, he pointed out some items on
in the Planters
15
another
16
peanut can is lactose which is browned in the oven to mix
17
with brown heroin so the colors match.
18
in the Dairy Rich can that you mix with white heroin and
19
the color is matched there too.
20
that you mix with cocaine, and he identified all those
21
things.
phot~graph
and he said this is
And this is lactose
And he said this manitol
22
But getting back to the other items that were seized
23
that day, the orange plastic can, the Seagrams bag, those
24
were the two items that the drug items were found in.
25
the chemist testified in those -- these two items, two cans
And
PDF Page 67
FINAL ARGUMENT - GOVERNMENT _
•
1
2
And what kind of drugs?
12~6
grams of cocaine at a
potency of 85 percent and 13.0 grams of heroin at a potency
4
of 42 percent.
5
at four percent.
6
sorry, I got my math in the wrong
7
grams that translates to 140 grams at a four percent
8
solution, not the one that was purchased earlier.
You remember Pettigrew was getting heroin
As to my math, ladies and gentlemen, I'm
spot~
This is the 13
But this 13 grams of heroin that was found in -that
10
container, if you mix that or cut that with the lactose to
11
make a four percent solution, it would come out to 140
12
grams of heroin.
13
lactose, the brown lactose, the manitol was there.
14
The cutting agents were there, the white
And the tools were
The grinder, the coffee
there~
15
grinder that was used to blend the drugs.
16
the paper cutter that were cut
17
that were in that container in the bag, the measuring
18
spoons that Lee Edwards testified about -- that Jimmie
19
Edwards testified about, he testified he used the card to
20
smooth off the measuring spoons.
21
The triple beam scale was there.
22
•
were lactose and these two items were drugs.
3
9
•
1072
up~
The paper and
The measuring spoons
The tools were there.
Ladies and gentlemen, that potency, that 47 percent
23
-- 42 percent potency of heroin and those cutting agents
24
and that scale and all those items were there for a
25
purpose, and that purpose is to mix the heroin, and the
PDF Page 68
FINAL ARGUMENT - GOVERNMENT
•
1
purpose of mixing it is to distribute or sell it to others.
2
So this wasn't heroin that Lee Edwards had there for his
3
own personal use; this was heroin he possessed with intent
4
to distribute.
5
And after seeing all that evidence, ladies and
6
gentlemen, if you ask yourselves was Lee Edwards guilty on
7
October 11, 1990, of possession with intent to distribute
8
cocaine and possession with intent to distribute heroin,
9
the answer is yes.
10
•
And finally Count 14, before you is the telephone
11
count, using or carrying a firearm during and in relation
12
to a drug trafficking crime.
13
crime and that is possession with intent to distribute
14
cocaine and heroin on October 11, 1990_
15
and carrying a firearm.
16
that day.
17
that was fired that day, and there is an instruction that
18
the Judge will read to you that says the gun doesn't even
19
need to be fired during the drug trafficking crime, it's
20
sufficient if the gun is in close enough proximity that the
21
defendant could possess or control it_
22
•
1073
We have a drug trafficking
And we him using
Lee Edwards fired a .357 revolver
It was placed into evidence; it was the only gun
Well, in this case Lee Edwards not only possessed or
23
controlled the gun, he fired the gun_
Not only were there
24
no other guns fired, but there was no one else close to
25
this gun.
This gun was found right by the bedroom door,
PDF Page 69
FINAL ARGUMENT - GOVERNMENT
•
1
you'll see photographs of that, .right where Lee Edwards
2
was.
3
of the bedroom.
4
Is Lee Edwards guilty of using and carrying a firearm
during and in relation to a drug trafficking crime on
6
October 11, 19901
8
9
And again the answer is yes.
Let's skip the communications counts for now and go
on to James Davis.
James Davis is also charged in Count 3 of the
10
indictment with Lee Edwards and all these others with
11
conspiring to violate federal drug trafficking law.
12
Lee's arrangement with James Davis, Little James, was the
13
same as his arrangements with Flakes Kellum and James
14
Barefield and some of the other workers who worked for Lee
15
over the years.
16
to James, James would sell the drugs and then he'd give Lee
17
the money and keep a commission for himself.
18
more drugs then and sell those.
19
•
And Lorri Edwards was all the way on the other side
5
7
•
1074
And
And that is that Lee would front the drugs
And he'd get
And Lee also sent customers to James Davis the same
20
as he did to Flakes Kellum.
You heard telephone
21
conversations where Brett Guyton answered the phone.
22
Elaine Hughes called on one particular conversation and-
23
Brett told her -- try to remember these conversations if
24
you will, Brett Guyton said, hey, this is Lee, and she says
25
don't lie to me.
And she says what you doin' Brett.
Then
PDF Page 70
FINAL ARGUMENT - GOVERNMENT
•
•
1
she says, I want a 20 white.
2
background saying she can go to Little James and get that.
3
And he said too many people been buying.
4
talking in the background.
5
do, he give out Little James' phone number, 886-3611.
And you hear Lee in the
That's Lee
And so what does Brett Guyton
6
And Willie Edwards answers the phone and during one of
7
the tapes of Willie Edwards, the very last one you listened
8
to as a matter of fact yesterday, willie Word
9
you remember that conversation, willie word says, I want a
10
20 and I need it bad, man.
11
everyone's asleep.
12
little James still got some?
13
cai~s.
If
And Willie Edwards says
And finally Willie Word says, well, is
And Willie Edwards says yes and he gives out his phone
14
number, 886-3611.
15
more, so he wants Willie Edwards to do a conference call
16
but he won't do that.
17
James Davis.
18
•
1075
And then Willie Word even wants a little
But again, referring customers to
And then you heard James Davis' telephone calls.
And
19
James Davis in his second call
20
on September 19, 1990, and in the second of those calls, he
21
discusses money with Lee Edwards.
22
285, lowe you 115, add them together, that makes 400.
23
then they talk back and forth some more about the money,
24
James Davis and Lee Edwards if you remember that.
25
And when James
Ba~efield
there were two calls made
And he says, I gave you
And
testified, he said if I get
PDF Page 71
1076
FINAL ARGUMENT - GOVERNMENT .
•
1
50 pags,
2
$500, but lowe Lee only $400 because I get $2 off for each
3
bag I sell for those 50 bags.
4
bag discounts, so he owes $400, so when James Davis says I
5
gave you 285, lowe you 115, well,
6
equals 400, $400 made sense.
7
dickering.
•
So he gets his $2 or dime
I
add those together, it.
And then they'd do some more
thing Barefield was doing, he'd take 50 bags
himsel~
and
10
then turn the money in to Lee.
11
conversation, Lee Edwards says take care of this, then you
12
can get 50 more.
13
sell for Lee Edwards.
And then·later in that same
50 more what?
50 more bags of drugs to
And then on September 21, James Davis calls and he
14
15
asks to speak to Lorri.
16
Lee said, you want to speak to my wife?
17
I'll speak to you.
18
James says I got 400 now.
19
From other conversations it's evident that bill means a
20
hundred dollars.
But Lee had to answer the phone,
He says, well,
And so he speaks to Lee that day.
And
And Lee says you owe me a bill.
You owe me a bill, so now you owe me a nickel.
21
•
usually get 50 of drugs from Lee to sell, that's
It made sepse because James Davis was doing the same
8
9
I
Or
22
that would be $500.
But James says I got 400 now, I want·
23
to drop that off and pick up some
24
he says, I'm telling you now so you can get some ready for
25
me.
more~
And he says they're already made.
And he asked Lee,
And he says I'll
PDF Page 72
FINAL ARGUMENT - GOVERNMENT.
•
1
check and see, I may have enough of them made but they're
2
always made.
3
you can call when you get ready.
4
-.
They're talking
5
about drugs.
6
Davis owes Lee Edwards and they're talking about James
7
Davis picking up more drugs to sell.
9
They're talking about the money that James
Then there's another conversation where James Davis
is talking to Phenether Buchanan, they talk about paper.
10
And she says all he has is thin paper, all Lee has is thin
11
paper.
12
~asn't
13
And James Davis says thin paper is all right, there
nothing wrong with that .
Why worry about paper at all?
Because he's dealing.
14
Because he's working for Lee and the drugs need to be
15
packaged.
16
paper at all.
17
paper, the same as Flakes Kellum and Lee would sometimes
18
discuss paper.
19
•
And at the end of the conversation, Lee says
What are they talking about there?
8
•
1077
If he were just a user, he wouldn't worry about
But he's dealing for him/so he discussed
Why would Brett Guyton and Willie McIntosh give out
20
James Davis' phone number to drugs customers?
21
working for Lee.
22
the same as they can be referred to Flakes.
23
Because he's
And the customers can be referred to him
Is James Davis is guilty of conspiring in count 3 with
24
Lee !dwards to violate drug trafficking laws to distribute
25
heroin and cocaine?
The answer is yes.
PDF Page 73
FINAL ARGUMENT - GOVERNMENT"
••
1
the telephone counts.
3
and Lee Edwards on September 19 when they talk about $285,
4
115 added to that, that makes 400 and then they get 15
5
more, that's Count 25.
6
Lee Edwards are charged in that count.
7
on September 21 where James Davis talks about he has 400,
8
we'll come by and get more, that's Count 26, ladies and
9
gentlemen.
Those two calls between James Davis
This Count 25, both James Davis and"
And that other call
And then before we go on, let's deal with Count 38,
11
the last of the telephone counts that we presented to you.
12
On September 4, 1990, if you recall in that conversation,
13
Flakes Kellum called and that's when he said I lost my
14
ticket, and he wants Lorri to check with Lee and see what
15
his order was.
16
girls, 26 girls.
17
Lee Edwards is charged.
18
•
And before we go on to Lynetta Durr, let's talk about
2
10
•
1078
And she says it's 130 brown, eight 25
That was Count 38 of the indictment where
And in that case, ladies and gentlemen, as I
19
indicated to you earlier, Lee Edwards can operate through
20
others; he's guilty as through he's personally committed a
21
crime if he's directing others.
22
Lorri is checking with Lee to see what the ticket says,
23
then she reported to Flakes what Lee instructs her to.
24
25
And in that conversation,
~nd
Then we get to Lynetta Durr who's also charged in
Count 3 of the indictment with conspiring with the others
PDF Page 74
FINAL ARGUMENT - GOVERNMENT
•
1
to~violate
2
testified yesterday, yesterday morning just before lunch,
3
that when she first started with Lee, she worked out of a
4
house at 2nd and Marshall street.
5
Jimmie Edwards said that Lee had a house on 2nd and
6
Marshall street and somebody set that on fire and it was
7
burned.
8
to that house?, She said it burned.
9
it's one and the same house.
And Gwendolyn Campbell
And if you recall,
And I asked Gwendolyn Campbell, whatever happened
So I suggest to you
11
at a place behind a fire station somewhere at 4th and
12
Virginia near a fire station.
13
building on Grant Street that we've heard about.
14
worked at this house on 7th and Virginia and we've heard
15
about that h.ouse too.
Then I worked the apartment
Then I
And I worked at 460 Taft.
I asked her which of those places did Lynetta Durr
16
17
work at?
18
and Marshall, Lynetta Durr worked with her at all those
19
locations, all the way through 460 Taft.
20
testified that when she met Lee and married him, Lee
21
already had that house at 460 Taft.
She says all of them.
Lynetta Durr worked at 2nd
And Lorri Edwards
Lynetta Durr, ladies and gentlemen, worked for Lee,at
22
•
drug trafficking laws.
She said I started at 2nd and Marshall, then I worked
10
•
1079
23
all those locations all the way up to and including 460
24
Taft.
25
Edwards.
And Lee was already there before he even met Lorri
PDF Page 75
1080
FINAL ARGUMENT - GOVERNMENT
•
1
'.
2
Jimmie Edwards says that Lynetta Durr was Lee's woman then
3
back when Lee had the place on 2nd and Marshall and up
4
until he met Lorri.
5
everything.
6
Lorri did for Lee Edwards later.
7
customers, she sold the drugs, kept track of the drugs,
8
packaged them.
9
10
11
•
12
13
And he said she did a little of
I suggest to you that she did the same as
MR. McGRATH:
She met the drug
I object to him suggesting something
that's not in evidence.
THE COURT:
Objection overruled.
The jury heard the
evidence, they'll decide what the evidence is .
MR. BELLA:
Jimmie Edwards himself testified that she
14
did that.
15
Durr sold drugs out of those locations the same as
16
Gwendolyn Campbell did.
17
•
So Lynetta Durr worked at all those locations.
And Gwendolyn campbell testified that Lynetta
Also you heard some telephone conversations of the
18
usual orders for drugs.
19
usual order?
20
conversations, I want a 20, I want 30.
21
usually heard was 50 or $65 occasionally, got into a dip
22
quantity, but that was rare to get into a few hundred
23
dollars for a dip quantity.
24
25
Dime.
And
I
asked Flakes, what was the
Dime bags, $10 bag.
You heard a
The highest you
I think the testimony was it was $275.
Sometimes
people would call in and order half a dip, or would order
PDF Page 76
FINAL ARGUMENT - GOVERNMENT
•
1
palf an a T.
2
Lee thought they meant half a dip, just charge him a
3
hundred and some dollars.
4
T.
5
discount
6
100.
7
•
One person called in and wanted half a T and
And they said, oh no, no, half a
Then he said oh, it's $60.
And finally he gave them a
that time he gave them two, two half T's for
But those were -- those were the bigger orders.
But
8
the ones you- hear most about were 20, I want 30, something
9
like that.
You heard two telephone calls where Lynetta
10
calls in.
11
calls in and she says I want to get the same as I got
12
yesterday; 300 girl and a dip of boy.
13
of boy.
14
she got 300 girl and a dip of boy?
15
much heroin.
16
drugs?
17
ladies and gentlemen, she's selling the drugs.
18
•
1081
Well, you heard the first call where Lynetta
300 girl and a dip
The same as I got yesterday, two days in a row,
What is she doing?
Or is she selling it?
That much cocaine, that
Is she just using the
Those kinds of quantities,
And then you heard the conversation where Lynetta
19
Durr -- where Lorri Edwards talks with Elaine Hughes.
20
Elaine Hughes calls in and Elaine says I want a 50 and
21
Lorri says I'll send Lynetta, Lynetta Durr.
22
want that, she says I'm afraid of Lynetta, I don't want her
23
to meet me.
24
agrees to meet Elaine Hughes at 5th and Taft.
25
he's getting it ready now.
Elaine doesn't
But Lynetta gets on the phone anyway, and she
And she says
It's 8:25 now, I'll meet you in
PDF Page 77
FINAL ARGUMENT - GOVERNMENT
•
1
2
. a half hour at five minutes to nine.
That one incident, ladies and gentlemen, where Lynetta
on the phone, discusses the deal with the drug
4
ge~s
5
customer, agrees to meet, agrees to go out and deliver the
6
drugs to her the same as Willie McIntosh and Brett Guyton
7
were doing.
8
for Lee in addition to ordering those quantities of drugs
9
earlier.
10
And that's what she agreed to do on that day
And as if to confirm it all, as if .to confirm
11
Gwendolyn Campbell's testimony that Lynetta Durr was
12
selling for Lee, as if to confirm the amounts that she was
13
buying, that were for sale, we have the very last
14
conversation of Lynetta Durr with Lee Edwards on the
15
afternoon of October 11 which was the day of the search.
16
And on that day Lynetta says I saw the FBI, I saw
17
they were at the Black Horseman Liquors, they got Flakes.
18
And you heard testimony that there were a number of search
19
warrants executed that day, on October 11.
20
Durr saw them.
21
Taft place.
22
•
And Elaine Hughes
says I' 11 be there at a quarter "till nine.
3
•
1082
t~e
DEA,
And Lynetta
And we know that these agents were at 460
And what does Lynetta tell Lee Edwards -- I mean Lorri
23
Edwards?
She says get the money out of the house.
And
24
then she goes on in that conversation and she says they're
25
trying to guess who it is that talked to the police; was it
PDF Page 78
FINAL ARGUMENT - DEFENDANT
•
1
Little James, was it Billy Tendall who ran this drug house
2
~t
3
think Lorri did, testified about Billy Tendall running the
4
drugs out of the house at 7th and Virginia.
5
•
7th and Virginia?
A few
peo~le
testified about that, I
So they talked about who tipped off the police and
6
then Lynetta says, you know, when we had that house on 7th
7
and virginia, Billy was messing with Lee because Lee found
8
out that Billy was selling it there, and she said, when
9
was selling, I would help Lee but Billy kept saying over
I
10
there, he was selling his own.
11
to confirm it all, the words from Lynetta's own mouth about
12
selling drugs for Lee Edwards out of the house at 7th and
13
Virginia, the same as Gwendolyn testified.
14
15
16
•
1083
D~VIS
When I was selling, as if
Did Lynetta Durr sell drugs for Lee, was she part of
the conspiracy charged in Count 3?
The answer is yes.
Ladies and gentlemen, thank you for your continued
17
attention, thank you for your patience.
18
has an opportunity to address you and I'll have an
19
opportunity to address you briefly after they do.
20
you for your patience and continued attention.
21
THE COURT:
22
with final argument
23
MR. TRUITT:
Defense counsel
Thank
Counsel for Defendant Davis may proceed
Thank you, Your Honor.
May it please
24
the Court, counsel for the Government, fellow defense
25
counsel, ladies and gentlemen of the jury.
I'm honored to
PDF Page 79
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
stand before you.
2
somebody who tries cases as
3
care to admit, there's a greater honor than standing in
4
front of a jury and having the privilege of addressing a
5
jury on behalf of a client.
6
before you.
7
•
As
I
I
don't think for a trial lawyer,
I
have for more years than
So
I
I
am honored to stand
mentioned briefly in opening statement, you are
8
-a jury, you're something unique and distinct.
9
twelve individuals anymore, you are a jury and your
You're not
10
heritage goes back hundreds of years.
11
jury system was created, the citizens felt that the fate of
12
a citizen accused was much too important to leave to the
13
king and to the king's ministers and to the king's judges.
14
So they wanted a group of citizens to stand between the
15
king and his ministers and his judges and decide the fate
16
of a fellow citizen who had been accused of a crime.
17
•
1084
In England when the
We don't have to worry about the king appointing
18
judges anymore, we have an independent judiciary.
But even
19
when this country was founded, the persons who wrote the
20
Constitution felt that the right to a trial by jury was so
21
important they insisted that it be mentioned in two
22
separate places in the Constitution, the only
23
Constitutional right that is so mentioned.
24
you are called upon to act as a jury to determine the fate
25
in this case of James Davis who has been charged with a
And once again,
PDF Page 80
FINAL ARGUMENT - DEFENDANT
•
1
2
•
number of offenses.
As part of your selection process, you made certain
3
promises to us.
4
you were making promises, but when the Judge asked you
5
about do you have any problems with the concept of law
6
presuming James to be innocent?
7
And that is a promise.
8
promises and you have to make good on those promises.
9
you promised us that just because James stands here accused
10
•
1085
D~VIS
You maybe weren't aware of the fact that
You said no you didn't.
And now we have to call in those
And
of a crime doesn't mean that he's guilty.
11
You promised us that you would not require James to
12
prove anything, you would not require James to prove his
13
innocence.
14
Government produce evidence in the form of witnesses or
15
exhibits that would extinguish the last reasonable doubt in
16
your mind.
And you promised us that you would make the
17
And you promised us that the decision whether James is
18
guilty or innocent, that that decision will be based solely
19
on the evidence that you have heard and not on your
20
personal feelings, not on your personal beliefs about
21
drugs, not on television shows that you may have seen or
22
magazines articles that you have read, but only on the
23
evidence that you have heard in this courtroom and the law
24
that the court gives you.
25
It has been said that there are three concepts or
PDF Page 81
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
th~ee
2
defendant, a citizen accused, and the jury, the group of
3
twelve that come together.
4
duty, and courage.
5
that we have to trust -- James and
6
you're going to keep the promises that you've made to us.
7
And from past experience I have all the confidence in the
8
world that you 'are going to keep those promises.
9
•
traits that characterize this relationship of a
And these concepts are trust,
We talked a little bit about trust,
I
have to trust that
The second concept is duty, and it relates to your
10
responsibility or your role.
11
all the lawyer shows, the Perry Masons and the defenders
12
and the other ones.
13
I'm -here is a result of those hours that I spent watching
14
the black and white TV.
15
current Perry Mason series is misleading because that
16
defines the jury's job or defines the lawyer's job as
17
somewhat as solving a mystery.
18
•
1086
As a kid I grew up watching
And I'm sure that in large measure why
But those shows and even the
Your job is not to solve a mystery.
And I'm going to
19
be painfully candid with you on how I view and what
20
believe the law defines as your responsibility, your duty
21
in this case.
22
evidence and determine if that evidence has convinced you
23
beyond a reasonable doubt that James in fact is guilty of
24
the crimes charged.
25
or innocence.
I
And your duty is to listen to all of the
Your
Your duty has nothing to do with guilt
d~ty
involves provable guilt, proven
_a_":'~.
~
..._,
~ .... _.~ •. _ •.• ,
.'.1
PDF Page 82
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
guilt.
2
and guess.
3
You have heard during the course of this trial a great
deal of guess and speculation.
witness after witness came
5
on and said, well, I think or I
guess or -- and when I
6
asked them on what do you know, what did you see with your
7
own eyes, what did you hear?
8
but I mean he has to be, I mean common sense tells you, I
9
just know.
Well,
I
didn't hear anything,
Witnesses can guess, witnesses can speculate.
You are
11
not allowed that luxury, you must know.
12
be based on hard evidence and hard facts.
13
assume because they saw James at the house or James was on
14
the phone, but you may not
15
James
i~
Your decision must
People can
assume~
charged with basically two crimes; Count 3
16
and then Count 25 and 26 are separate charges of the same
17
crime.
18
has been defined or understanding the crime of conspiracy
19
has been defined as akin to trying to nail jello to a wall.
20
•
Your duty does not leava any room for speculation
4
1e
•
1087
The first crime is conspiracy, and that conspiracy
Conspiracy has a long and perhaps notorious tradition
21
in this country.
In 1865, a young sympathizer to the
22
confederate cause snuck into the Ford's Theater in
23
Washington, D.C., and shot the President of the United
24
States, Abraham Lincoln.
25
from the balcony and broke his
In making his escape, he jumped
leg~
As he was winding his
PDF Page 83
FINAL ARGUMENT - DEFENDANT DAVIS
•
through rural Virginia trying link to up with some
1
~ay
2
confederates, he sought treatment from a country doctor by
3
the name of Dr. James Mudd.
5
John Wilkes Booth, and that crime was conspiracy,
6
conspiracy to kill the President of the United States.
7
James Mudd was convicted of that crime, hence the popular
8
saying your name is Mudd.
9
to this day to have his name cleared and the Government has
And his heirs have been trying
10
acknowledged that they had no evidence to link James Mudd
11
with the agreement or the plan to kill the President of the
12
united States.
13
with.
14
But that's the kind of crime we're dealing
Conspiracy focuses on an agreement, an agreement to do
15
something the law forbids.
16
agreement, it's more of a partnership, it's more of an
17
enterprise, a mutual involvement.
18
isolated, sporadic events.
19
•
And Dr. Mudd treated him.
Dr. Mudd was later charged with a crime for treating
4
•
1088
But it's more than just an
More than a series of
But we know -- and the Court's going to tell you that
20
certain things are not part of the conspiracy.
21
going to tell you that mere presence at the scene of the
22
crime, the fact that someone is there where an illegal
23
activity is taking place, even if the person is there
24
knowing what is taking place, does not mean the person is
25
g~ilty
of conspiracy.
The Court's
Mere association with conspirators
PDF Page 84
.1089
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
2
is, merely purchasing drugs from a conspiracy does not
4
establish necessarily membership in that conspiracy.
5
you find that there was merely a buyer-seller relationship
6
without more, then the evidence is insufficient to convict
7
James or anyone else of the crime of conspiracy.
9
We heard a fair amount of evidence about
So if
Jame~and
know quite a bit about James from that evidence.
we
People
10
have known James for awhile, but as far as knowing him at.
11
4th and Taft, they didn't know him until shortly before the
12
raid on October 11, and
13
I
believe the tapes bear that out .
James was an addict, and he was living with a girl
14
who was also an addict.
15
deal of drugs just to supply his own habit.
16
Government wants you to believe that somewhere in this
17
process, James stepped over the line, James went from
18
someone who was merely using drugs and in a buyer-seller
19
relationship, which does not constitute a conspiracy, to
20
someone who was selling drugs
21
comes into play.
22
•
The second thing that the Court is going to tell you
3
8
•
is insufficient.
And James had a demand for a great
A
Now, the
And here's where this duty
Has there been sufficient evidence to convince you
23
beyond a last reasonable doubt that that is in fact the
24
state of affairs?
25
Now, there is
anotbe~
bit of law the Court's going to
PDF Page 85
FINAL ARGUMENT - DEFENDANT DAVIS
•
And that also
~hare
2
involves conspiracy.
3
number of conspiracies, but your duty is to examine the
4
evidence and determine if the evidence supports this one
5
single conspiracy that has been
And that is that there may be a
charged~
We have a system of rules and I'm hardly going to get
7
somewhat technical and you're probably going to say, oh,
8
those darn lawyers again, and what not, that's what's wrong
9
with this country.
But whether those are your feelings or
10
not, those feelings we have a system and you have taken an
11
oath as we all have when we become lawyers to uphold that
12
system.
13
charges and you have to look at them very specifically.
14
And you have to determine whether the evidence supports
15
those charges or does not support those charges.
16
•
sha~e
with you.
1
6
•
with you and I need to
1090
And that system is that you have to look at the
In this case, the indictment, the accusation, the
17
charge says that James together with Lynetta and a lot of
18
other people had a conspiracy, a single conspiracy, and
19
they have to convince you beyond a reasonable doubt.
20
if you find -- the Court's going to instruct you, that if
21
you find that there were other conspiracies, even though
22
you may find that James was a member of another
23
but was aot a member of this large conspiracy, then you may
24
not consistent with your oath find James guilty and you
25
must find him not guilty.
But
conspira~y
PDF Page 86
. 1091
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
a teacher I've
I see a blackboard, I have to have chalk in my hand and
3
start drawing, but I'm going to refrain from that.
4
one group -- at least the evidence indicates that we have
5
one group that were in the home, whatever the home was,
6
where it was -- that took orders, distributed orders, kept
7
the books,
9
what~ver,
We have
of a drug enterprise.
And there is evidence that there were other people who
had a different relationship, had a different arrangement.
10
It was a supplier-suppliee, a buyer-seller relationship.
11
And it's respectfully contended, we think the evidence
12
clearly shows that there were at least two separate
13
agreements, two separate conspiracies; one directed toward
14
the acquisition and purchase and packaging and
15
distribution, and another one totally separate and
16
distinct.
17
•
B~ing
2
8
•
Let's analyze the situation.
And pursuant to the law, we contend that the evidence
18
clearly points you in that direction.
19
will tell you, if the defendant was not a member of the
20
conspiracy charged in the count you are considering, you
21
must find, must find that particular defendant not guilty
22
of the conspiracy charged in that count even though that
23
defendant may have been a member of some other conspiracy.
24
The second charge James is charged with is the use of
25
And as the Court
an interstate facility,'in this case the telephone, to
PDF Page 87
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
facilitate a drug transaction
2
very technical with you, and ask that you view this
3
evidence in a very technical fashion as the law requires
4
you to do.
5
How do we know, how do you know that the person on
the phone on the 19th and 21st of September is this man
7
sitting right here?
9
Now, the Government had Lorri Evans -- Lorri Edwards
on the stand and could have very easily asked Lorri
10
Edwards,' listen to this phone conversation, who were you
11
talking to?
12
There was no identification of the voice on that phone as
13
the person who is seated in this chair.
14
15
16
•
And again I'm going to get
6
8
•
A
1092
And she could have told us.
But they didn't.
There may have been some names used, but as far as
specifically identifying, there was none of that.
And when there isn't that evidence, they turn a very
17
difficult job into an impossible task.
18
you to ask you to come in and decide the fate of a fellow
19
human being, perhaps deprive that human being of liberty
20
and change his life forever without giving you sufficient
21
evidence to perform that task, it is unfair to you and they
22
have been unfair to you.
23
And it's unfair to
Mr. Bella laid out the scenario about all these
24
agreements and what not, but where is the evidence, where
25
was the persons -- where was the evidence telling what
PDF Page 88
FINAL ARGUMENT - DEFENDANT DAVIS
•
•
was any arrangement?
1
~ames'
2
There isn't.
3
in and said I get $2 off, and they want you to assume that
4
because James Barefield said well, I get a dollar off or I
5
got a dollar off at one time and then I got $2 off, that
6
that's the same arrangement with
7
evidence of that.
ther~
They want you to assume because Flakes came
James~
But there was no
No questions were asked.
8
People said I think, I believe, I assume, and they
9
believe that assumptions are an adequate substitute for
10
evidence, and they are not.
11
have 400 or I have money is equally consistent with James
12
saying I bought some drugs for my use or Cookie's use and
13
now I need to pay you what lowe you and I'm prepared to do
14
that.
15
The fact that James says I
And I understand that I have to prepare -- I have to
16
pay for those before you're going to give me any more.
17
my system and my body tell me that I need more.
18
I'm going to do what I need to do and I'm going to pay up
19
and I'm going to get more to support my habit.
20
•
arrangement was, if
1093
What evidence has been presented?
And
Therefore,
Where were the
21
calls from Lee Edwards' house to James' house saying, James
22
we're sending so and so over?
23
None.
Sure, Lee Edwards knew that James had some drugs
24
because James probably was there every day buying drugs.
25
See if little James has any drugs, maybe he'll share what
PDF Page 89
. 1094
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
he has for his own personal use with you, maybe he won't.
2
It's possible.
3
courage.
5
you believe the evidence is lacking, you believe the
6
evidence points in a different direction, you need courage
7
to come back in this room and say not guilty.
9
And that is the courage that you need to have if .
When I think of courage,
convened in the John Hinkley
I
think of the
trial~
jury'~hat
was
John Hinkley as you
10
remember shot Ronald Reagan on national TV.
11
mystery as to what happened, everybody knew that it was
12
John Hinkley who was at the end of the gun that wounded our
13
president.
14
we could imagine than someone shooting the President of the
15
united states.
16
•
The last trait that I need to discuss with you is
4
8
•
Where is the follow-up evidence?
There was no
There is probably no more shocking crime that
And twelve citizens like yourself were summoned from
17
the Washington, D.C. area and became a jury and they
18
listened to all the evidence and they listened to the
19
psychiatrist.
20
going to go back and they're going to deliberate and they
21
did deliberate.
22
knew would be tremendously unpopular; they reached a
23
conclusion because the evidence led them to that conclusion
24
that they knew would hold them up to public ridicule and
25
scorn.
And they went back in the room as you're
And they reached a conclusion that they
PDF Page 90
FINAL ARGUMENT - DEFENDANT DAVIS
•
1
understand how they could arrive at such a decision.
3
they took an oath, they understood their duty and they had
4
the courage to follow through on that duty and they found
5
John Hinkley not guilty by reason of insanity.
6
high watermark of juries in this
7
that acquitted the soldiers in the Boston massacre.
9
country~
But
That is the
And the jury
And I'm asking you and James is asking you to show the
same kind of courage, to scrutinize the evidence, to
10
understand that your role is not to be a foot soldier in
11
the war against drugs, but that your duty is to be a jury
12
to examine the evidence, scrutinize the evidence, and if
13
you come to the conclusion the evidence is lacking, as I
14
submit to you that it is in this case, then to bring
15
forward a verdict of not guiltyA
16
confident that you are fulfilling the vital role in our
17
system of Government and our system of justice.
18
I thank you for your
Not ashamedly, but
attention~
It has been a long
19
and I'm sure a frustrating week, and we've all been plagued
20
with a bug that is making the rounds and I know some of you
21
have also.
22
•
. ·And their friends and neighbors could not begin to
2
8
•
1095
But now I have to sit down, my work is done.
The
23
hours that I have spent reading transcripts and reading law
24
and preparing the case is over A And though I enjoy having
25
time wi th my family,
en.j~oying
resuming more of a normal
PDF Page 91
FINAL ARGUMENT - DEFENDANT DURR
•
•
•
·1096
1
life, it also scares me because
2
something that has been very important to me for the last
3
few months and a person who's very important to me to you,
4
basically a group of strangers.
I
have to hand over
5
But I am confident because I've stood before many
6
groups of strangers and have been impressed with their
7
diligence, their courage and the collective intelligence
8
that occurs when twelve people come together, that you will
9
be faithful to your oath.
And now
I
hand·to you the life,
10
perhaps the liberty of James Davis, confident that he will
11
receive careful consideration in your hands.
12
THE COURT:
13
with final argument.
14
MR. McGRATH:
Thank you.
Counsel for Defendant Durr may proceed
Thank you, Your Honor.
This
15
investigation began back late in '88.
Special Agent Vince
16
Balbo, DEA, starts this investigation and begins utilizing
17
the assets of the DEA to proceed as best he can and find
18
out what he can.
19
case where they -- sufficiently to the point that they
And after 18 months, they've developed a
20
"bring in the FBI and the assets, the manpower, the
21
experience, the high standards that are shared by both the
22
DEA and the FBI.
23
proceed and the matter is concluded by the execution of
24
search warrants.
25
And six more months of investigation
And throughout this -·whole thing, the standards of the
PDF Page 92
FINAL ARGUMENT - DEFENDANT DURR
•
•
1
FBI and the DEA are exceptional.
2
said that the case agent, Karen Pertuso, Special Agent of
3
the FBI, went beyond even the FBI's high standards.
4
remember the gun, the .357 Magnum, left in that bedroom to
5
be photographed in place before they moved anything.
6
evidence was moved.
7
not returning fire, the discipline of this whole thing.
8
The high standards.
Even Special Agent Becker
You
No
Remember the agents being fired at,
9
And consistent with those high standards and the
10
strict standards required of a Title III application,
11
Special Agent Karen Pertuso, case agent for the FBI,
12
submits on September -- or rather on August 14, her
13
application for a Title III wiretap interception order.
14
And she supports it with a 44-page affidavit outlining the
15
entire extent of their investigation to that point, naming
16
names.
17
names, 7 additional names as being significantly involved.
18
And they outline everything they've done, the controlled
19
buys, everything they've done.
20
application is the name of Lynetta Durr.
21
•
. 1097
And that original application, 23 names, 16 target
And nowhere in that
Now, the thoroughness, the discipline, the exceptional
22
conduct of this investigation by the DEA and FBI, would
23
they be so sloppy as to exclude the name of Lynetta Durr if
24
in fact she was selling at 2nd and Marshall, selling at 7th
25
and Kentucky, selling at
~ll
these other places the way
PDF Page 93
. 1098
FINAL ARGUMENT - DEFENDANT DURR
•
"
1
.
Gwendolyn Campbell said?
If they had that information, and remember, listed
2
3
among the sources, 51, walter Pettigrew, 52, James Edwards.
4
James Edwards was there from the beginning.
5
as a source of that 44-page typewritten affidavit did not
6
name Lynetta Ourr.
7
the investigators.
9
•
consistent with them being thorough?
would that be
Would they have
10
ignored a person who's selling at 2nd and Marshall, selling
11
at 7th and Kentucky, and here and there and everywhere?
12
No •
13
It wasn't there because she didn't do the things that
14
Gwendolyn Campbell said, she didn't do the things that
15
James Edwards said on the stand.
16
Edwards was looking out for himself.
17
has an agreement or not with the Government, but he
18
certainly wants to stay out of jail.
19
motivating factors in contacting the DEA.
20
keep them happy.
21
testimony.
In cooperating, James
I don't know if he
That was one of his
And he has to
And so in cooper.ating, he changed his
Now Lynetta Durr, she had to have known what was going
22
•
He did on the stand, but he didn't to
Could they have overlooked it?
8
James Edwards
23
on.
Well, I'm sure she did know what was going on, she was
24
there.
25
int i ma t e f r i end
She was an intimate friend of Lee Edwards, an
0
f
his.'·" She was the r e, she was a use r, an
PDF Page 94
FINAL ARGUMENT - DEFENDANT DURR
•
'
1
addict.
She was there, she knew what was going on.
But that's not what the crime of conspiracy is.
3
that's all that Lynetta Durr is charged with, conspiracy.
4
Could that have been overlooked?
5
everything that Karen Pertuso, that vince Balbo, all of
6
those agents and all of those people did.
And
That's inconsistent with
Remember now,
. they did the controlled buys, the searches, the rented car,
8
the search of the rented car, it was thorough,
9
bottom.
from~top
to
And nowhere is the name of Lynetta Durr.
10
So they get the Title II intercept order and they go
11
and they set up their intercept and they begin to develop
12
substantial pertinent intercepts, the total of 60 days
13
exceeds 800 pertinent intercepts.
14
didn't even want to guess.
Total intercepts, they
15
And there is an intercept within four days of the
16
beginning of pertinent intercepts, within four days of the
17
beginning of that order involving Lynetta Durr.
18
is a purchase, a request to purchase the 300 boy -- or 300
19
girl and a dip of boy.
20
•
.
2
7
•
1099
And that
On· September 13, almost a month after those -- that
21
phone call and this following phone call the next day which,
22
is I -- I left my cocaine, not the cocaine but my cocaine
23
in the house.
24
25
There is an extension request.
review of every
pertinent~nte~cept
And this involves a
that they have had,
PDF Page 95
FINAL ARGUMENT - DEFENDANT DURR
•
1
2
3
Exhibit 77 and 78.
And there are developed seven additional -- or rather
eight additional people as targets and suspects.
5
name Lynetta Durr appear among those eight names?
6
There is that intercept on the 18th of April -- or August,
7
there is the intercept on the 19th of August.
9
•
. including the two that you heard, that were Government's
4
8
•
1100
No.
Mr. Bella got all breathy when he talks abobt 300 girl
and a dip of boy.
I thought he had the vapors.
10
oh, that was a large amount.
11
testify that she took every day?
12
sixteenth of an ounce of girl .
13
Does the
I mean,
But what did Lorri Edwards
A dip of boy.
A
We know that if an ounce of girl costs $1100, that's
14
what Robert Matthews said he charged when he sold an ounce.
15
We know from Mr. Bella's bad math that this stuff gets cut
16
about ten times, depending on the purity.
17
than a sixteenth of an ounce of that many times cut
18
cocaine.
19
way more, every single day.
300 girl is less
Lorri Edwards was doing a sixteenth of an ounce,
20
And if it had been a distribution amount, don't you
21
think that Vince Balbo, the special agent of the DEA and
22
Karen Pertuso reviewing those pertinent intercepts would
23
have said, hey, look at this amount, this is a distribution
24
amount.
25
That's a user's
You heard Willie
amount~
~cIntosh,
they asked him, what do you
PDF Page 96
1101
FINAL ARGUMENT - DEFENDANT DURR
•
•
1
tak&?
2
mean, if I had -- if it was payday, I got more.
3
what happened there.
4
appears on that extension application and affidavit, 17
5
additional pages of affidavit, because it was nothing for
6
those people; it was a user's amount.
7
dime bags -- or rather 30 dime bags of girl, it was 300
8
girl.
9
bags, the dimes, the 20's.
took as much as I could get in a day.
I
And that's
And that's why Lynetta Durr doesn't
And it wasn't 20
If she wa~ distributing, she'd would be aski~g for
She asked for 300, the lump.
10
She's a user; it is her weakness, one of her weaknesses.
11
And she used that two days in a row, still less than Lorri
12
Edwards •
13
And you saw Lorri Edwards sitting here.
I
know that
14
it boggles us that people may -- can absorb these amounts.
15
That a man like Brett Guyton can do 25 years of that and
16
just walk right in here.
17
he'S remembering stuff.
His mind's not fried, he'S here,
They can do it, they did it.
18
It was not a distribution amount, it wasn't the
19
language of distribution, there is no talk of money.
~O
There's just an amount, 300 girl, a dip of boy.
21
no nothing.
22
cocaine.
23
•
He said I
24
25
No bags,
And great user that she is, she loses the
So on the 19th, she's got to call back.
Now, nowhere on the extension does Lynetta Durr
appear.
There are three
ad~i~ional
pertinent intercepts that
PDF Page 97
FINAL ARGUMENT - DEFENDANT DURR
•
"
.
yOu've heard.
2
purchase for a very minor amount in the scheme of what
3
we've been hearing, and that's September 13.
4
there is the Elaine Hughes intercept.
5
intercept, she says I'm -- I mean Lynetta Durr says I'm
6
getting -- and in the transcript it's unintelligible, but
7
if you watched me at all during the reading -- or during
8
the playing of those tapes, you'il know that I nev~r looked
9
at the transcripts.
On the 5th,
And in that
And you'll have that tape, it's tape 8, and you listen
11
to that and what you'll hear in my estimation, is that she
12
says I'm getting -- not unintelligible, but I'm getting a
13
dip.
14
intimate friend and she helps them out.
15
What's she doing there?
She'S buying from her
Five phone conversations are considered pertinent
16
intercepts, yet the only thing that you have to decide is
17
if she was a member of the conspiracy.
18
utilization?
19
the phone?
20
were worth anything, wouldn't there be a count against
21
Lynetta Durr?
22
•
The day of the extension there is another
1
10
•
1102
Where is the phone
Where is the facilitation of a sale by using
If they believed that those five intercepts
James Edwards comes and says, oh, yes, she had to
23
know, a·nd she was packaging things.
24
with what was reported in the affidavit; there's nothing
25
about Lynetta Durr at
a~l.
Nothing.
That's inconsistent
But James Davis -- or
PDF Page 98
1103
FINAL ARGUMENT - DEFENDANT DURR
•
1
J~mes
2
up in Minneapolis where he's having a wonderful time for
3
himself.
4
please and that's the Government, the G, Mr. Bella.
5
think he pleased Mr. Bella by changing that testimony and
6
saying, yes, she was involved.
•
And there's one person here that he's got to
And I
And Gwendolyn Campbell came in and said, she's selling
7
•
Edwards rather is looking to stay out on the street
8
allover the place.
9
care what the affidavit said, she's selling here and that.
I don't care what S2 said, I pon't
10
What -- who defines her cooperation?
11
it was right in her plea bargain, it's defined by the U. S.
12
Attorney.
13
charged in this matter, completely separate thing of hers.
14
But who is she going to please?
15
Who else-did we hear from?
It's the Government,
Now, who is she going to please?
She's not even
The Government.
Named members of this
16
supposed conspiracy.
17
Barefield, Flakes Kellum -- I like that name -- Lorri
18
Edwards.
19
No.
Did Brett Guyton say that Lynetta Durr was selling?
20
No.
Barefield?
21
Lorri Edwards, point a finger and say she was part of this
22
conspiracy?
23
Brett Guyton, Willie McIntosh, James
Willie McIntosh say Lynetta Durr was selling?
No.
Kellum?
No~
Did the real insider,
No.
Did the co-defendants that testified, none of them,
24
none of them pointed at Lyrtetta Durr.
25
she was a part of it.
None of them said
In fact, there is another
PDF Page 99
1104
FINAL ARGUMENT - DEFENDANT DURR
•
•
or rather Lee
co~defendant
2
Edwards.
3
warrant, he was arrested.
4
building and then they questioned him and he named name
5
after name after name.
6
Lynetta Durr's name among them?
Remember after the execution of the search
Karen Pertuso took him into this
And she rattled them off.
And was -
No.
7
So the Government smelling what they call a case,
8
resurrects Gwendolyn Campbell and trot her buns in here and
9
they put her down and she is going to say anything that
10
they want.
11
investigation up to September 13, completely inconsistent
12
with the efforts of the DEA and the FBI, but she says, oh,
13
yes, she was a part of it, she was selling, selling,
14
selling here, there, everywhere.
15
It's completely inconsistent with the
You have to ignore all the work, the years, the
16
manhours that went into this, that never put a finger or
17
pointed a finger or whisper about Lynetta Ourr and you have
18
to believe Gwendolyn Campbell whose only accomplishment
19
that I could see is that she's managed not to test positive
20
on a drop.
21
•
that we heard from,. James
1
I believe that the law is and
I
also believe that the
22
Court will advise you that when you hear testimony from-a
23
witness or witnesses who have received benefits -- and I
24
think that's Gwendolyn Campbell and James Edwards -- from
25
the Government, you may give this testimony such weight as
PDF Page 100
FINAL ARGUMENT - DEFENDANT DURR
•
may feel it deserves, keeping in mind that it must be
1
yo~
2
considered with caution and great
I
want you to
4
do, it is consider the testimony of James Edwards and
5
Gwendolyn Campbell with caution and great care.
You'll hear that mere presence, as Bob Truitt told
6
7
you, is not enough; that a user being a buyer from a seller
8
is not enough; that proximity,
9
you've got to be a
~ssociation
is not enough;
participant~
Ladies and gentlemen,
10
I
think the evidence is clear,
a
11
not that Lynetta Durr is a participant, but that she is
12
peTson drawn to somebody that became her intimate friend .
13
She had another intimate friend;
14
probably appall you, the amounts of drugs she'S taken
15
appall you.
16
in anything other than those relationships with drugs and
17
with her intimate friend Lee Edwards.
drugs~
These weaknesses
But there is no evidence that she participated
Look to the work of the FBI and the DEA.
18
•
care~
Oh, believe me, if there is one thing
3
•
1105
If you're
19
going to trust anybody, if you're going to give faith to
20
anybody, give it to them.
21
Durr.
22
word of Gwendolyn Campbell, a word that is tainted by the
23
requirement that she please the Government.
24
much.
25
They found nothing about Lynetta
If you can convict Lynetta Durr, it will be on the
THE COURT:
Counsel.
Thank you very
PDF Page 101
1106
•
1
(Bench discussion on the record.)
2
THE COURT:
3
arguments for well over an hour, two hours now.
4
thinking about giving them a short recess in event that
5
anybody has to use the washroom or something, and then come
6
back.
7
8
MR. TRUITT:
10
Or in the event counsel have to eat
(End of discussion at the bench.)
THE COURT:
Ladies and gentlemen, you have been
11
listening to final arguments for some time, I don't know
12
whether or not there -- anybody that needs to use the
13
facilities, but I think it might be a good time for us to
14
take a short recess at this time.
15
very long one.
16
It's not going to be a
Remember the admonition, ladies and gentlemen, this
17
case still has not been given to you.
18
case among yourselves, do not permit anyone to discuss it
19
with you or in your presence.
20
or express any opinion on this case until it is finally
21
submitted to you.
22
upstairs.
24
25
Do not discuss this
It is your duty not to form
with that, you may follow the Marshal
(The jury were escorted from the courtroom,
and the following proceedings were had,
reported as follows.)
23
•
I was
lunch
9
•
Gentlemen, the jury has been hearing
THE COURT:
Anytht~g
counsel wish to address the Court
To view more than 100 pages of OCRed text, sign up for PlainSite Pro or Pro Se. Solve This Problem
Back to 
