Pubdate: Fri, 15 Jul 2005
Source: Ogdensburg Journal/Advance News (NY)
Copyright: 2005 Johnson Newspaper Corp.
Contact: http://www.ogd.com/letter.htm
Website: http://www.ogd.com/
Details: http://www.mapinc.org/media/689
Author: Paul Mitchell
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/topics/suppression+hearing

JUDGE RESERVES DECISION ON DRUG SEARCH

CANTON - Acting St. Lawrence County Court Judge Kathleen Rogers
reserved decision on whether to allow the seizure of cocaine and
marijuana from a Dec. 1 search warrant to be used as evidence in an
upcoming trial.

A suppression hearing was held Tuesday in county court in the matter
against Billie B. Merrick, 42, of 7242 state Route 11, Potsdam.
Merrick was charged with a host of drug counts following the Dec. 1
search of his house. His trial is scheduled to begin next week.

Merrick was represented by attorney James Monroe at Tuesday's
suppression hearing.

He has pleaded not guilty to first-degree criminal possession of a
controlled substance, second-degree possession of marijuana and seven
counts of fourth-degree possession of a weapon.

He is represented on those charges by Conflict Public Defender William
Galvin. The weapon charges will not be tried in next week's scheduled
trial.

The St. Lawrence County Drug Task Force executed a search warrant at
Merrick 's residence on Dec. 1 seizing nine ounces of cocaine and 10
pounds of high-grade marijuana along with 22 rifles. A previous
conviction makes it illegal for Merrick to possess weapons, police
said.

The Drug Task Force said they had originally gone to Merrick's house
to execute an arrest warrant for third-degree criminal sale of a
controlled substance.

The charges stem from a sealed indictment for two counts of selling
cocaine that Merrick allegedly took part in at his residence.

During the arrest warrant proceedings, police kicked down a locked
door to a room adjacent to the kitchen area; a room they believed
Merrick was in.

Once they entered the room, police spotted the bag of marijuana and
drug paraphernalia sitting on a shelf.

The defense believes law enforcement personnel waited until Merrick
left his residence before executing the arrest warrant, therefor
leading into the execution of the search warrant.

Monroe told the court in his closing arguments that police officers
waited at the state Department of Transportation facility, just down
the road from Merrick's residence, until they received word from a
patrol car parked at Stan's, also just down the highway, that Merrick
had left his house.

Whenever Billie left the house, they used this as an opportunity to
get a search warrant and search the residence," Monroe said. "Clearly
when Billie was out of sight they raided the house."

Monroe also questioned the use of 10 or more police officers to
execute the initial arrest warrant.

Is there any credibility in needing the entire northern New York SWAT
team to execute the warrant?" he asked.

Monroe also challenged the legality of the search warrant submitted to
and signed by Potsdam Town Court Justice George Hewlett around 9:30
p.m. on Dec. 1.

Monroe argued the warrant contained information that a white substance
found in plain view during the execution of the arrest warrant was
assumed to be cocaine.

However, Monroe pointed out it tested negative during a field
testing.

The defense also argued that the room where the one gallon freezer bag
of marijuana and a variety of drug paraphernalia were found was not
Merrick's room but a room rented by Charles Spencer.

"They found a big bag of pot in plain sight in a room that clearly was
not shared Billie and Chuck," Monroe said.

Acting St. Lawrence County District Attorney Gary Miles said police
had every right to search the premises.

"There should be no attack on the validity of this search warrant.
They had a perfect right to search every room of this house and had a
right to be in that room," Miles said.

Miles down played the testimony of Gina Gale, Merrick's girlfriend who
was at the house at the time the arrest warrant was executed.

Gale and Samantha McGregar were placed in handcuffs while police
searched for Merrick, according to testimony. But Gale testified she
heard police searching through the dresser drawers of the adjacent
room she also claims was Spencer's and there was extensive vandalism
to several vehicles on the property.

Spencer also testified, saying he was in the garage when handcuffed by
sheriff's deputies and bought into the house.

He told the court he remained in the handcuffs for 7  1/2 hours before
he and Gale was freed around midnight.

"I've heard a lot of evidence about horrendous police conduct yet no
complaints were filed with the sheriff's department," stated Miles.
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MAP posted-by: Larry Seguin