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Day 3: No to ‘Confidential Informant'; Only Pot Found

Reporting by Brian Johnson

This morning, without the jury present, attorneys for the Melton defense team called a "confidential informant," who used the name Russell Smith (not his real name). Under direct examination, he said that he had worked as a confidential informant for the FBI, DEA, ATF and MBN. He also said he was from Virden Addition and was very familiar with 1305 Ridgeway. According to his testimony, he served as a confidental informant to Det. Marcus Wright, one of the defendants, from May to August 2005.

Smith said, "...1305 was the biggest drug house in the Virden Addition...all of the property stolen, all the houses broken into, all that stuff was at 1305 Ridgeway."

In very contentious cross-examination with Senior Assistant DA Stanley Alexander, Smith admitted that he had been a paid informant, that he'd made a living as an informant, and that he been de-certified as a confidential informant for the DEA. He also admitted that he no longer served as a confidential informant for any law enforcement agency.

Earlier in his testimony, Smith had said his information led to a drug bust in August 2005 at 1305 Ridgeway; under cross, he admitted that they had not found cocaine there, only marijuana.

Alexander asked, "Wouldn't you expect to find crack in a crack house?"

"They found marijuana," Smith replied.

At this point, Judge Joe Webster said that Smith's testimony was "too remote in time," and he ruled that Smith would not be allowed to testify before the jury.

Prior to Smith's testimony, Webster said that he'd originally thought that 90 days before August 2006 was sufficient time limit on bringing in discussion of past drug activity at 1305 Ridgeway, but he reluctantly expanded that back to July 2005.

At present, attorneys for the defense are reviewing their witness lists to determine how many witnesses will be excluded because their testimony is about events that occurred prior to July 2005.

More updates to come

Previous Comments

ID
127637
Comment

Webster wants this done. He just said, "We just ain't gettin' anywhere." :)

Author
Lady Havoc
Date
2007-04-25T09:26:56-06:00
ID
127638
Comment

He's been pretty good so far. I like the way he is keeping control of his courtroom and the attorneys. No theatrics allowed. When he thinks something that is irrelevant or frivolous is about to start he nips it in the bud.

Author
Kingfish
Date
2007-04-25T09:32:45-06:00
ID
127639
Comment

In very contentious cross-examination with Senior Assistant DA Stanley Alexander, Smith admitted that he had been a paid informant, that he'd made a living as an informant, and that he been de-certified as a confidential informant for the DEA. He also admitted that he no longer served as a confidential informant for any law enforcement agency. Does decertified mean fired?

Author
LatashaWillis
Date
2007-04-25T09:36:12-06:00
ID
127640
Comment

This sounds like a real blow to the Defense. I guess they should have called it "a Marijuana House." We are still back to my simple point: Why didn't they arrest Welch on the night that frank and his boyz tore the house up and Why wasn't there a police report filed. Where is the evidence that should have been very heavy contraband found in the house? Danks and his clients are waisting tax payer's money and time.

Author
justjess
Date
2007-04-25T09:46:35-06:00
ID
127641
Comment

justjess, they did "arrest" Welch that night, but had to let him go within days. Yes, they have indeed wasted a heck of a lot of tax money at this point. If it was a drughouse, it was their responsibility to get a present the evidence to a judge and get a warrant. This isn't a third-world country or a police state we live in. We live in America. That night, they acted very un-American.

Author
DonnaLadd
Date
2007-04-25T09:51:13-06:00
ID
127642
Comment

Fired, let go, don't call me: I'll call you, pink slipped, gone by-by, kicked to the curve - you name it. L.W. I think that all of these titlles apply.

Author
justjess
Date
2007-04-25T09:52:52-06:00
ID
127643
Comment

Ladd, According to yesterday's testimony from Welch's friend who was at the house during the alleged break - in, "He (frank) told Evan Welch to go to his mother's house." I didn't think that he was ever "formally arrested." I stand corrected. I agree. ".....they acted very un-American.

Author
justjess
Date
2007-04-25T10:00:14-06:00
ID
127644
Comment

Reminds me of the commercial where the boy says "It was just a little pot!" The house was destroyed because of pot? Unbelievable.

Author
golden eagle '97
Date
2007-04-25T10:13:02-06:00
ID
127645
Comment

I can't find the link, but WJTV said that the taxpayers are paying about $60/day for hotel accommodations and about $76/day for meals (3 a day) for 17 people - 12 jurors, 2 alternates and 3 bailiffs.

Author
LatashaWillis
Date
2007-04-25T10:16:47-06:00

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