Six Month Wiretap Drug Investigation

Another case tried in the Federal Court in Los Angeles, California, involves 65 kilos of cocaine after a six month wiretap investigation.  The defendant was overheard on the wiretap on approximately 25 occasions, and was recorded while in jail, admitting to a nickname that tied him to the conversations.  Despite this, after a two week jury trial, the defendant was acquitted in less than an hour.  The jury was convinced by Mr. Sherman’s closing argument that the defendant was possibly involved in a separate, uncharged conspiracy, but was not guilty of the conspiracy actually charged.  The jury agreed, even though the District Court refused to give an instruction regarding separate, uncharged conspiracies.  The jury foreman later told counsel that although the jury believed that the defendant was a drug dealer, the jury felt the evidence was insufficient to convict him of the crime charged.