Judge to rule on separating kingpin trials

January 27, 1993|By Dennis O'Brien | Dennis O'Brien,Staff Writer

An Anne Arundel Circuit Court judge is expected to decide in the next few weeks whether five men charged in October as drug kingpins in one of the county's largest marijuana busts should be tried separately or in two trials.

Deputy State's Attorney Gerald K. Anders asked Judge H. Chester Goudy Jr. yesterday to issue an order allowing James Mitchell Emory, 47, of Pasadena; Roger Lee Emory, 43, of Glen Burnie; and Philip B. Dulany, 48, of Pasadena, to be tried together.

He also asked Judge Goudy to order that William Bailey Jr. 46, of Annapolis, and George T. Johnson, 47, of Glen Burnie be tried together in a second trial.

Mr. Anders said that the request was based on both convenience and the similarity of the evidence against each defendant, which he said indicates the presence of two interrelated drug operations.

The Emorys and Mr. Dulaney sold marijuana that came from New York, and Mr. Johnson and Mr. Bailey dealt in marijuana from Mexico, Mr. Anders alleged.

He said that two trials would also be more convenient and less costly than having five separate trials, which are expected to run two months each and involve evidence that covers dozens of search warrants, video surveillance tapes and "thousands and thousands" of pages of documents.

Attorneys for the defendants yesterday objected to the request, saying they would prefer separate trials. Defendants charged together traditionally seek separate trials because of concerns that evidence used in defense of one could prejudice the rights to a fair trial of the other.

The five men were indicted along with four others in November by a county grand jury in connection with an alleged $1 million marijuana ring that county police say operated for about 10 years.

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