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was convicted of selling drugs and was currently serving ten years in a state prison.
Looking at the jurors, Eli knew they were pro-prosecution and was disappointed at not challenging some of their selection.
β€œGood morning, ladies and gentlemen of the jury,” Judge Miller said in a pleasant voice.
β€œGood morning your honor,” the jurors replied.
β€œHopefully, you have read my written instructions, but I will read them into the record. Juror are expected to be on time to the court, if for any reason the juror cannot appear for court he/she will immediate contact my clerk at 219-242-3012. Juror will not discuss the case with anyone until the deliberation process begins, and finally, juror will notify the court immediately if approached by anyone by any means concerning this case. Are there any questions about these instructions?”
None of the jurors had any questions. Judge Miller asked Mr. Boni if he was ready to proceed.
β€œYes we are your Honor,” Mr. Boni replied.
β€œPrecede sir,” Judge Miller said.
The only persons allowed to carry weapons in a United States District Court were United States Marshals; three marshals stationed themselves conspicuously throughout the room.
Boni had prosecuted a number of gang drug cases and had a one hundred percent conviction rate. Boni was renowned for his preparations and stirring oratory. He was confident that he had a winnable case. The FBI and the DEA conducted an excellent investigation, there were audio and visual tapes of the defendants selling drugs and more importantly, he had gang members who he had turned and would testify.
When Boni rose to feet for his opening statement, the courtroom was silent. Standing erect and facing the jury, he cocked his head to one side and looking seemingly at each juror, he began.
” My name is Dan Boni and I am here to represent the United States government, taxpayers and citizens of this great country. Ladies and gentlemen of the jury the three men on trial in this case are known Chicago street gang members and dope dealers who after contaminating the streets of Chicago has brought their insidious craft to Indiana. The evidence will show how they conspired to sell drugs in our mainly black community, infecting the children as well as the adults with this scourge called heroin and crack cocaine. The evidence will show they are part of a sophisticated organization that is run like a Fortune 500 company. You will hear testimony that will show how this organization is run, from the absolute leader called the β€œKing,” to the lowly street dealers who poison our young people. The evidence will show that Charles Conway was the leader of the gang in Indiana and that Paul Fairchild and William Gates were key players in this drug conspiracy.
You will hear testimony from former Conway drug dealers who are now cooperating with the government. Charles Conway decided who would sell the drugs at which street corner and he collected the β€œstreet tax” for allowing them to do so. They conspired to distribute large quantities of heroin and crack cocaine in Fort Wayne, Indianapolis and Gary. The government will present audio and videotapes recorded by undercover informants and government agents as well as testimony from members of this conspiracy who were confederates of the defendants. Make no mistake about it, some of these government witnesses are no angels, they have extensive criminal histories and the only reason they are testifying is to save their own neck, for they know that if convicted they would spend the rest of their lives in prison.
During your deliberation, think about the mothers whose children are lost because of drugs and gangs. (Pause) Think about the unborn babies who will come into this world with all types of birth defects because their mother used drugs while they were still in her womb. (Pause) Think about the children starving because there is no one to feed them because the little money the family have is spent, on drugs. (Pause)
I will grant you that some of the government witnesses are not nice people but sometimes-bad people do tell the truth.
I urge you, pay attention to the evidence, listen to the witnesses and at the conclusion of this trial I am confident that you will render the only verdict possible, guilty. Thank you,” Boni sits down.
Eli looked at the juror, a middle age black woman was wiping tears from her eyes, a young white man glared at his clients with hate in his eyes.
β€œMr. Whitney is you ready for your opening statement?” the judge asked.
β€œYes, your honor, ladies, and gentlemen of the jury, there are two sacred protections incorporated in our Constitution and Bill of Rights-the presumption of innocence and proof beyond a reasonable doubt. The core of the government case relies on testimony of two turncoats, two cowards who swore an oath to their gang, which they violated, an oath to be loyal and protect members of their family. The evidence will show that these lowlifes in order to, as quoted by Mr. Boni, to β€œsave their own skin” lied and will continue to lie. The evidence will show that federal agents were overzealous in their investigation and entrapped my clients. Listen carefully to their testimony, listen carefully to the audiotapes, look very closely at the videotapes, and decide who the dope dealers really are. It is the government’s responsibility to prove their case beyond a reasonable doubt, thank you.”
After the opening arguments, the government called its first witness, Special Agent Ronald Owens. Agent Owens was medium build, had a full neatly trimmed beard, and salt and pepper hair, cut short, he wore a small erring in his left ear.
β€œ State your full name and spell your last name please,” Boni asked.
β€œ Ronald Owens, O W E N S.”
β€œWhere are you employed Mr. Owens?”
β€œ I’m a Special Agent with the Drug Enforcement Agency.”
β€œ How long have you been so employed?”
β€œ Nine years sir.”
β€œ Where you assigned and what are are your duties.”
β€œ I’m assigned to the Fort Wayne office and I am part of multi- agency task forces investigating narcotic and street gang activities in Northwest Indiana.”
β€œ What other law enforcement agencies were involved with this task force?”
β€œ The FBI, DEA, State and local police departments.”
β€œ Were you involved in the case before the court?”
β€œ Yes sir.”
β€œWill you tell the ladies and gentlemen of the jury how you were involved?”
β€œApproximately three years ago we received information from Detective Scott Miles of the Chicago Police Department that a Chicago street gang known as the State Street Boys were expanding their drug and gang operations to Fort Wayne and they had an informant who was on probation who would help us. We met with the informant and Detective Miles on July 18,2009 and were told by the informant that he lived in Fort Wayne and he had purchased heroin on numerous occasions from a gang member known as Billy Edwards.
β€œHow did the operation work?”
β€œ The informant would approach Edwards tell him what he wanted and Edwards would direct him to a shooting gallery where he would purchase and use the drugs.
β€œTell the ladies and gentlemen of the jury what a shooting gallery is.”
β€œ A shooting gallery is usually a rented apartment or house where heroin and crack cocaine can be purchased and where the buyers can use the drugs. The addict purchases the drugs there and if the dealer knows him he is allowed to come inside the location and use the drug. Most shooting galleries have new needles, which is provide for at a minimum price, and the addict can get high and relax there.
β€œ What was Edwards’s connection to the shooting gallery?”
β€œIt was his gallery; he owned the house and supplied the drugs.”
β€œ Please continue, agent.”
On 20, 22 and 23 July 2010 I had my informant purchase drugs at the gallery, on all three occasions and after searching my informant and finding him to be free of any narcotics, I watched him have a conversation with Edwards at various locations in Fort Wayne, Indiana and proceeded to a single level home located at 2304 Smith street. The informant would enter the location and in a few minutes he would exit, walk straight to me and turned over to me, two small zip locked bags containing a white substance, this substance tested positive as crack cocaine.
β€œ Where was this substance tested?”
β€œ At the FBI Crime Lab in Washington D.C.
β€œCould you explain to the jury what crack cocaine is and how it is different from powdered cocaine?”
β€œYes sir, crack cocaine is probably everywhere in this country, in big and small cities, suburbs and small towns. You can find it in playgrounds, parks, and street corners, it is cheap and provides an intense and instant high and it is probably the most addictive drug out there. Crack is a derivative of cocaine. Cocaine is a derivative of the coca leaf that is grown and processed in jungle labs, mainly in South and Central America. After extracting the cocaine from the leaf, it is processed, and produces a concentrated drug, cocaine hydrochloride. This drug is then mixed with baking soda and water and heated until it becomes a freebase alkaloid which is then broken into chips or rocks that sell for as little as three to five dollars.
The cracking sound it makes when being process accounts for its name. It is generally put into a pipe called a β€œcrack pipe,” heated and then smoked. The effects are instant because the drug enters the body as a vapor. The effects of smoking crack is not as good as sniffing or injecting it, but it is safer than using a needle where you might catch AIDS. Crack head have told me that the effects are better than sex, a pleasure outside the normal range of human experience, an intense feeling of being alive, a whole body orgasm, the drawback is the effects. Powdered cocaine is purer than crack hence the higher price but the high only last a short period of time, depending on the quality, the high might only last for ten minutes and when the effects wears off there is an intense low, involving depression and a craving for more. Whereas with crack, which also comes in a powdered form, which can be sniffed or heated and injected it is much cheaper and the high last longer. Where a rock of crack may cost three to five dollars and two or three people can be high for the whole day, a quarter gram of cocaine can cost from $200 to $500 dollars and a kilo, 2.2 pounds can cost upwards of million dollars, and again the high is very short, you have to keep snorting it or using it to get high. That’s why mainly only people with money can afford it.”
β€œ Thank you, please continue,” Boni said.
β€œ On 25 July 2011 I obtained a court order to tap the cellular phone of Billy Edwards and to put a hidden recording device on my informant. On 26, 28 and 30 July 2011 I
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