IBO, Brian R. Lundin [the ebook reader .txt] 📗

sent my informant to purchase crack cocaine, again he met with Edwards and was referred to the house on Smith Street, where he purchased a white substance, which tested positive as crack cocaine. On 2 August, a search warrant was issued for the Smith location and an arrest warrant was issued for Billy Edwards, for conspiracy to distribute cocaine. A search of the smith location uncovered one kilo of crack cocaine packed in forty zips locked bags, one .45 cal. automatic handgun, and fifteen thousand dollars in cash. A male Black now known as Tommy Wilson was arrested at the location also and pursuant to the arrest warrants Billy Edwards was also arrested, who agreed to work with us.
“Was any of this activity video recorded?”
“ Yes, all of the activity beginning on 22 July 2011 was recorded.”
“Are those tapes available to be used as evidence?”
“ Yes sir.”
“Please continue.”
“I was assigned to investigate the case with FBI agent Donald Sparks. We began our investigation by contacting our confidential informants who told us that indeed the State Street Boys had set up a drug operation in Fort Wayne on Smith Street, a predominately black area of the city. We set up a surveillance camera at that location and began to record drug sells by Billy Edwards though the confidential informant. Agent Sparks and I purchased numerous large qualities of heroin from Billy Edwards, which also were recorded on video.”
“ How were you able to make these purchases?” Boni asked.
“The informant introduced us first to Billy Edwards as drug dealers from Detroit, Michigan. We told Billy that our supplier had gotten arrested in Detroit and we needed to setup another source that could deal in kilo quantity.
Billy told us that he could supply kilo quantities, but he had to check with his governor first.”
“Who was his governor,” Boni asked.
“Charles Conway,” the agent said.
“Please continue.”
“During that year we purchased over twenty kilos of heroin from Conway, usually in one or two kilo packs.
“ Agent Owens, what does a kilo weight?”
“2.2 pounds, sir.”
“ How much would a kilo of heroin cost?”
“ Well, it depends on the purity of the heroin.”
“ Would you explain what you mean by purity?”
“The purer the product the more times it can be cut or "stepped on. If the product is fifty percent pure, it can be stepped on five or six times.
So the price for the product would be based on the purity of the drugs, the higher the purity the higher the cost.”
“ Let’s make sure the jury understands what you mean, if you buy one kilo or 2.2 pounds of crack cocaine that is fifty percent pure, after you cut it you now have five kilos or approximately ten pounds, correct?”
“ Yes sir.”
“Please continue, sir.”
“ We told Conway we needed a large shipment, about twenty kilos, we asked him if he could supply that amount, we were told that he would have to get back with us.”
“ Did he?”
“ Yes sir, about a week later we met again with Conway and he told us he could get the goods we wanted.”
Eli objected, “Objection your honor, foundation.”
The judge sustained the objection; “Mr. Boni please establishes a time frame,” she continued.
”Of course you’re honor.”
“Agent Owens, when did this investigation start?”
“I was assigned on February 19, 2009.
“When did you first meet Conway?”
“ Around the first of April of that year.”
“ When did you first buy drugs from Conway?”
“ The latter part of April.”
“ On what dates did you purchase drugs from Billy Edwards?”
“ May I refer to my notes sir?”
“ If it pleases the court, the government would submit the government exhibit #1, Agent Owens Street Notes into evidence.” Boni said.
“ Any objections Mr. Eli?” the judged asked.
“ No, your honor.” Eli replied.
“ The first controlled buy from Conway was on 29 April 2009, for one kilo of crack, the second controlled buy was on 5 May 2009, for five kilos, the third....”
“The defense stipulates the agents field notes your honor,” Eli interrupted,
“ Ladies and gentleman of the jury, a stipulation means that the government and the defense agree that the evidence is true, you will receive the agent’s street notes during your deliberation.”
“ On what date did Conway provide the twenty kilos of crack?” Boni continued.
Referring to his notes, the agent said “On 15 June 2009.”
“How much did you pay Conway for the ten kilos of crack?”
“One million dollars.”
“How pure was the crack”?
“ According to the lab report, seventy percent.”
“ So if you were to cut the drugs you would now have over twenty five kilos of crack correct?”
“ Yes sir.”
“ At this time your honor the government will play audio recordings of the drug transactions between agent Owens and the defendants Paul Fairchild and William Gates.
The audiotapes were played and very cleverly, Agent Owens was able to establish from Gates and Fairchild the date and the time. Eli watched the jury; probably he thought drugs and gangs had affected their lives in some way. After playing the tapes, Eli had his chance to cross-examine agent Owens.
“ Agent Owens you testified on direct examination that you purchased drugs from Conway on numerous occasions, correct.”
“Yes sir.”
“ On the first occasion, who initiate the transaction?”
“ I don't understand your question sir.”
“Did you approach Conway or did he approach you, the first time you purchased drugs from him?”
“I met Conway through a confidential informant.”
“Will you please answer my question agent Owens, did you approach him the first time you purchased drugs from him?”
“ Yes sir.”
“ Did he offer to sell you drugs or did you ask him for the drugs?”
“ I asked him, sir.”
“ Did you at any time tell Conway that you were an undercover DEA agent?”
“ No sir.”
“ Did you tell Mr. Conway that the conversation was being recorded, both on video and audiotapes?”
“ No sir.”
“ Listening to the audiotapes, Conway was reluctant to sell you the drugs at first, correct?”
“ Well yes, but most drug dealers are reluctant on the first sell.”
“ But you or your informant convinced Conway that you was alright, correct?”
“ Yes apparently we did.”
“ What kind of work did you do before joining the DEA, agent Owens?”
“ I was a police officer with the Washington, D.C. Police Department.”
“How long were you a D.C. police officer?”
“Ten years.”
“Were you ever suspended agent Owens?”
“ Yes.”
“ How many times during your ten years were you suspended?”
“I don’t recall.”
“Was it one times, two times, five times?” Eli pressured Owens to answer.
Dan Boni could not wait to stand up and start arguing. He jumped out of his chair and immediately was in front of the judge.
“Objection your honor, relevance?” Boni said.
“Agent Owens has never been arrested and has no criminal record. He is not on trial here,” Boni said angrily.
Calmly Judge Miller looked over her reading glasses and asked, “Where are you going with this line of questioning, Mr. Whitney?”
“I’m trying to establish credibility your honor.”
“Over ruled, please answer the question Agent Owens,” Judge Miller said.
“I was suspended about five times.”
“I would like to enter into evidence your honor defense exhibit #1, the disciplinary record of Agent Owens while a member of the Washington, D.C. police department.”
“So admitted,” the judge said. “
“May I approach the witness your honor?” Eli asked.
“You may.”
Approaching the witness stand Eli gave the agent his disciplinary record and said,
“Agent Owens will you read the highlighted items on your disciplinary record.”
The agent began to read the record, “Disciplinary Record of Detective Ronald Owens dated December 15, 2006, 15 days suspension for violation of Rule #38, Unnecessary Force, April 20,2001, 25 days suspension, violation of Rules #12, Failure To Properly Follow Narcotic Inventory Procedures. June 20, 2002, 30 days suspension, violation of Rule #1, Conduct Unbecoming A Police Officer.”
“Thank you agent” Eli said retrieving the record.
“Did you work on the narcotic squad while a member of the Washington, D.C. Police Department?”
“Yes.”
“From when to when,” Eli asked.
“From January to September 2001”
“So most of your suspension came while you were on the narcotic squad, correct?”
“Yes.”
“Isn’t it a fact sir, that you had a reputation on the D.C. department and on the streets for ripping off drug dealers?”
Before Boni could object, Eli started to read from a newspaper.
“The Washington Times Newspaper ran a headline story, which read, “last week, five officers with the Washington, D. C. Police Department were charged in federal court in a separate corruption investigation. They were accused of ripping off drug dealers. A family of illegal Mexicans immigrants was one of the alleged victims of this group of rogue cops a source said. Juan Martinez a high school student admitted being a drug dealer and he said that officer Owens was one of three officers who arrested and handcuffed him before taking him back to his home where he lived with his mother and three younger brothers. Juan said that Officer Owens and the other officers searched his room and after about an hour the officers released him and left the house. When he went to his room he discovered that $13,000 and a quantity of drugs were missing.”

“I object your honor, Agent Owens is not on trial here,” Boni stated vigorously.
Before Boni could finish his objection, Agent Owens jumped up from the witness stand.
“I was cleared of those charges,” Owens protested loudly.
“I withdraw the question your honor,” Eli said looking at the jurors.
Eli continued his cross-examination and centered on whether the federal agent entrapped Conway and whether he was a credible witness.
Boni on redirect attempted to refute these allegations of entrapment and tried to re-establish Owens credibility.
The government second witness was Billy Edwards. Billy was a big young man, very dark and muscular and he was twenty-one years old.
“Will you state you name and spell your last name please?” And your educational background.” Boni asked.
“Billy Edwards, E D W A R D S. and I have a physical science degree from Chicago State University.”
“Where do you live Mr. Edwards?”
“I’m currently staying