×

Jury trial ends abruptly with judge’s acquittal

Defendant pleads guilty to two other drug charges in open court

LOCK HAVEN — In an unusual twist yesterday, a jury trial for a Mill Hall man on drug charges ended rather abruptly when Clinton County Judge Michael Salisbury granted the defense attorney’s motion for acquittal on the most serious charge.

The charge — possession of drugs with intent to sell or distribute — was dropped by the judge, as the jury waited outside the courtroom before they were to hear closing arguments and begin their deliberations.

Julian Vincent Crosby Sr., 56, after consulting with his attorney Robert A. Hoffa, quickly decided to plead guilty on the other two charges — possession of drugs and possession of drug paraphernalia. Salisbury ordered a pre-sentence investigation with sentencing scheduled for May 14.

Throughout the three hours of testimony, Hoffa argued that there was no evidence to prove intent to deliver by his client, and as a matter of fact, Hoffa asked the judge to declare a mistrial at one point and then to dismiss the intent charge during another stage of the testimony. After the defense rested, Hoffa made a motion to the judge for acquittal of the “intent to deliver” charge.

The key to Hoffa’s motions and the judge’s granting of the acquittal was the lack of an expert in drug trafficking to testify that the circumstances surrounding the arrest constituted the charge of intent to sell or deliver drugs.

District Attorney David Strouse argued relentlessly that the circumstantial evidence presented in the testimony of Lock Haven City Police Sgt. Richard Simpson was enough to prove intent.

But Hoffa and Judge Salisbury disagreed.

Although Crosby, who admitted he has been a drug addict since the age of 13, was found passed out on drugs in a car, with drugs and drug paraphernalia in the vehicle, Judge Salisbury said the police officer is not an expert in drug trafficking and cannot testify as to intent to sell or distribute the drugs.

Strouse said the amount of heroin found in the car — 51 packets — along with the amount of money Crosby had in his pocket — $390 — along with statements made by the defendant about the price of the drugs, was enough to convince a jury that Crosby intended to sell the drugs.

However, after sending the jurors for lunch, Judge Salisbury took several court cases, one given him by Strouse, and spent the next hour reading them before he made the decision on Hoffa’s motion for acquittal when court resumed and before the jury returned to hear closing arguments.

“If there were other factors … but there’s no evidence he tried to sell drugs, no one said he was a drug dealer, there were no scales… no dilutants, 1.21 grams was uncovered, he was using at the time, he also had a syringe and spoon, there was $390, there were three cellphones and 51 packets of heroin. But there was no expert testimony that the drugs found were for resale not for personal use. There was no expert opinion explaining the significance of these facts. There’s no way for a jury to tie the factors together. There is insufficient evidence for the intent to sell,” Salisbury said, declaring an acquittal on that charge.

When Crosby took the stand, he testified that he had just visited a friend named Tom, on Commerce Street, on the day of his arrest, Oct. 2, 2017, and had used heroin while he was in Tom’s home. When he left, the defendant said he passed out in his car parked across the street from the home.

He said he had purchased the heroin in Williamsport for his own personal use… adding that he had “shot up” 20 packets while visiting Tom and another 10 packets earlier that day.

As far as having what the commonwealth insinuated was a lot of money in his pocket, Crosby’s attorney produced pay stubs showing that his client receives $422 a week in workman’s compensation following an accident on the job.

Sgt. Simpson said he responded to a call and found Crosby under the influence of drugs.

The officer also found the 51 packets of heroin and fentanyl, a capped and already used syringe, a pocket knife and the $390 in Crosby’s pockets. Simpson said the defendant was drooling, hard to understand, unsteady, very drowsy, lethargic and kept nodding off during questioning.

Sgt. Simpson said he read the defendant his Miranda Rights and Crosby signed a waiver of those rights. The officer said Crosby told him he got the drugs in Williamsport and the cost of heroin is $125 a brick which is 50 packets. One packet sells for $8 to $10, Sgt. Simpson said Crosby told him.

After the trial, Strouse commented: “I am extremely disappointed in the decision. I believe the commonwealth had a strong case showing this man clearly possessed 51 bags of heroin and fentanyl in a residential area and is now not going to be held accountable by a jury of his peers. I had more than ample evidence to present to the jury.

“I take some solace in knowing that he will be convicted of possession of drugs and possession of drug paraphernalia,” he continued, adding that Crosby also faces conspiracy charges on delivery and possession with intent to deliver drugs stemming from a September 2017 arrest.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

COMMENTS

[vivafbcomment]

Starting at $3.69/week.

Subscribe Today