Emory co-defendant enters guilty plea to lesser charges Drug kingpin trial now nearing close

April 16, 1993|By Kris Antonelli | Kris Antonelli,Staff writer

William Bailey Jr., a co-defendant in the Emory drug kingpin case, pleaded guilty to lesser charges yesterday shortly before lawyers began closing arguments in the trial of the alleged leaders of the ring.

Bailey, 46, of Annapolis, pleaded guilty to possession with intent to distribute 50 pounds or more of marijuana and conspiracy to import 100 pounds of marijuana or more in Anne Arundel County Circuit Court. Prosecutors dropped kingpin charges against him.

Bailey had been due to go to trial this month.

Judge H. Chester Goudy Jr. sentenced Bailey to 10 years in prison.

The jury in the trial of James "Mitch" Emory, 47, and his brother Roger, 44, is to begin deliberating today after closing arguments from Timothy Murnane, Roger's lawyer.

Yesterday, prosecutor Gerald K. Anders and James' attorney, Peter S. O'Neill made their arguments.

"If ever there were kings," Roger and James were they, Mr. Anders told the jury. But Mr. O'Neill said the real kingpin was Lawrence L. Leiben, a co-defendant who was the state's key witness and who pleaded guilty to lesser charges.

"Who had possession of the only scale that would enable a drug kingpin to weigh drugs?" he asked.

"Larry Leiben. That's who.

"Who was up at 5:30 in the morning when police came to his home Oct. 29? Larry Leiben. Why is he up at 5:30 in the morning? Because he was awake all night doing cocaine."

He compared witnesses to vegetables in a stew with Leiben being the "putrid" meat that ruins the taste.

But Mr. Anders, the prosecutor, pointed to tally sheets seized from James' home that he said depicted marijuana sales to smaller dealers.

"Leiben is the one who knows the big picture," he said. "He is one of the few people who know."

The case was not "dramatic like a murder or a rape case," he said, but the pieces all fit together.

For example, the receipts for bottles of rum found at the home of Philip Dulany, another co-defendant who pleaded guilty, support Leiben's testimony that Dulany sprayed about 130 pounds of rotted marijuana with rum. And toll receipts from the Delaware and New Jersey turnpikes and the Lincoln Tunnel, also found in Dulany's home, substantiate Leiben's claim that Dulany drove to New York to pick up marijuana for James, Mr. Anders said.

"Phil kept those receipts," he said. "Why? Because he expects to be reimbursed by his employer. The Emory business was his employer."

Mr. Anders told the jury that the initials M. E. on Leiben's tally sheets that indicated payments made could mean only one thing.

"The only person we know with the initials M. E. is Mitch Emory," he said. The initials Rg on the sheets taken from James' home indicate Roger also paid his brother for several pounds of marijuana, he said.

"He has his own business on the side, too," Mr. Anders said of Roger. "Even though he has been described as a partner with Mitch."

To build his case against James, Mr. Anders showed the jury a note to Dulany found in the trash of James' home that ordered Dulany to "Answer the beeper today. Take it with you today."

James also had a set of keys to the storage lockers where the marijuana was found and his phone number was on a lease agreement for one of the storage lockers as an emergency contact, he said.

But Mr. O'Neill noted the number had been scratched out and emphasized that police never saw James Emory at any of the lockers.

Mr. O'Neill complained that police never checked a set of keys found in Dulany's home during the Oct. 29 raids to see if they would fit the storage lockers.

"Because he [Mr. Anders] wants you to focus on James Emory," Mr. O'Neill said, "he doesn't want you to be concerned that Phil could also have the keys."

He recalled testimony that suggested the alleged ring should have made about $560,000 in six months.

"So where is the money?" Mr. O'Neill asked.

Mr. O'Neill said Detective Mike Chandler fabricated the case to justify the time and money spent on the 10-month investigation.

"I look at police as next to God," he said. "And the judge is on top. But they are human beings, and they have to justify what they do, and it's scary. I think that's what happened in this case."

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