Drug kingpin trial jury told about surveillance Officers saw nothing illegal

April 06, 1993|By Kris Antonelli | Kris Antonelli,Staff Writer

For the first six months of their investigation, undercover narcotics detectives followed James and Roger Emory everywhere -- to pay phones, convenience stores, malls, each other's homes and their co-defendants' homes.

But the officers never saw the men who are charged with running the biggest marijuana ring in Anne Arundel County history buy or sell drugs or do anything illegal, they testified yesterday in Circuit Court on the fifth day of the Emory brothers' trial.

The brothers could face up to 40 years in prison if they are convicted on drug kingpin charges.

During his opening statement, Gerald K. Anders, the prosecutor, said the Emorys' activities might seem mundane at first but that the pieces, once put together, would form the picture of a marijuana ring that has been dealing in large quantities for several years.

Detective Wayne Vernon told the jury yesterday that on April 2, 1992, he followed James Emory, 47, and Philip B. Dulany, a co-defendant who pleaded guilty last week to charges of importing marijuana, from Mr. Emory's home in the 1200 block of Villa Isle Court in Pasadena to Marley Station Mall, where they parked near Macy's and went inside.

Detective Vernon said he spotted a box of green, plastic trash bags in the truck they drove to the mall.

The bags are "one of the ways to package CDS [drugs]," he testified. "Large amounts of CDS."

From the mall, Detective Vernon followed the men to a grocery store, then back to Mr. Emory's house. Mr. Dulany left, and Detective Vernon followed him to Storage Express on Furnace Branch Road and then to Ritchie Mini Storage on Ertel Road.

Police found large amounts of marijuana in lockers at both storage facilities during the Oct. 29 raids in which they arrested Dulany, the Emory brothers and seven others.

Detectives also told the jury yesterday about marijuana they found in the trash outside James Emory's home and in his car when he was arrested, but not in the house. They said they found 65 grams of marijuana at Roger Emory's house in the 7700 block of West Drive in Glen Burnie.

Another co-defendant, George T. Johnson, pleaded guilty to the importation charges last week.

Investigators testified yesterday that they saw Roger Emory, 44, in a bar on Nabbs Creek Road with Johnson. They said they saw the Emory brothers and Dulany loading cardboard boxes into the garage of a house at 17 St. Agnes Drive.

Lawrence Leiben, another co-defendant who pleaded guilty to lesser charges, is expected to testify against the Emorys, possibly as soon as today.

Circuit Judge H. Chester Goudy has not ruled on whether to limit Leiben's testimony. Mr. Anders wants Leiben, whose relationship with the Emorys dates to the 1960s, to testify about the beginnings of the alleged marijuana ring 20 years ago.

"The purpose of his testimony would be to show a continuous and ongoing conspiracy," the prosecutor Anders said.

Peter S. O'Neill, James Emory's lawyer, has asked that Leiben's testimony be restricted to the case at hand. He argued that if police thought there was a conspiracy, they should have charged his client with that.

"If they thought they could prove it, they would have charged him," he said. "But they haven't and they want the jury to hear it anyway."

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