Drug trial defense says detective misled grand jury Total surveillance claim is disputed

April 08, 1993|By Kris Antonelli | Kris Antonelli,Staff Writer

Lawyers for two brothers on trial as drug kingpins accused the lead investigator yesterday of misleading the grand jury that indicted their clients on charges of running the largest marijuana ring in county history.

County police detective Mike Chandler testified that he saw James M. Emory, 47, driving to and from storage lockers where police found hundreds of pounds of marijuana during raids Oct. 29, 1992.

"Was it your intention to mislead the grand jury when you said they met like 'clockwork?' " said Peter S. O'Neill, Mr. Emory's lawyer.

Mr. O'Neill also claimed that Detective Chandler lied in charging documents when he stated James Emory was seen going to and from storage facilities. "That was a lie," Mr. O'Neill said. "A misstatement of the facts of your investigation as you knew it."

Timothy Murnane, lawyer for Roger Emory, complained that charging documents and earlier testimony show that his client was at the storage facility only on Aug. 5, 1992. Although Roger was with Philip Dulany -- a co-defendant police said was part of the ring and who pleaded guilty to lesser charges -- he did not go inside the locker and never got out of the car, Mr. Murnane said.

The trial enters its second week in Anne Arundel County Circuit Court with police detectives recounting for the jury of nine women and three men the hours they spent following the Emory brothers and theirco-defendants as they tried to build a case against them.

Police have charged that James was the chairman of the board of the ring, which met regularly at his home in the 1200 block of Villa Isle Court in Pasadena. If convicted, he and his brother could face up to 40 years in prison.

Yesterday, defense lawyers disputed Detective Chandler's claim that he kept the Emorys under constant surveillance from the time they got up in the morning until they went to bed.

"I pretty much tucked them in bed," Mr. O'Neill read from the transcript of Detective Chandler's grand jury testimony. "I probably knew their routine better than they knew their routine."

But of the 13 times Detective Chandler testified that he was shadowing the Emorys, only twice did the day begin with the brothers meeting Dulany at the house in Pasadena.

Detective Chandler defended his grand jury testimony and the Emorys' charging documents, saying that much of his information came from other investigators on the case and their reports.

"What I meant by 'clockwork', was that we knew pretty much where they were going before they got there," he said.

Detective Chandler also testified that he saw cars belonging to several co-defendants parked at the Emory home on the night of April 28 -- a night that defense attorneys said a boxing match was broadcast on cable television.

Prosecutors expect to put Lawrence Leiben, a co-defendant who pleaded guilty to lesser charges, on the stand today. Judge H. Chester Goudy Jr. has not decided if Mr. Leiben will be allowed to testify about how the alleged ring began.

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