Man acquitted of trafficking charges

Arlend E. Stewart was acquitted of trafficking drugs Tuesday in Buchanan County Circuit Court.

The charge stemmed from a Jan. 26, 2008, search of a house on South 16th Street in which the defendant spent the night.

St. Joseph Police officers found a sock containing 6 grams of crack cocaine stuffed into the couch that assistant prosecutor Robert Reinhardt alleged belonged to the defendant, who is from Kansas City. There were at least eight people in the house at the time of the search. St. Joseph police found drug paraphernalia in the room in which Mr. Stewart stayed and collected 37 items of drugs or paraphernalia in the entire house.

The prosecution relied heavily on the testimony of Marlon Short, who claimed to have bought crack from the defendant the day before. However, Mr. Short also revealed under testimony that he had used crack the entire night before the police search. He sat on the couch in the spot where police found the bag of crack, as well.

The prosecution also pointed to the fact that Mr. Stewart had $1,603 on his person when police arrested him and gave a false name. The defendant’s attorney, Kevin Jamison, said his client visited the house to sell rap music, which “may be where the money came from.”

Mr. Jamison argued that the prosecution’s case relied on the testimony of drug addicts.

“They want the court to assume that he was selling crack,” said Mr. Jamison, who did not call his client to testify. “ We cannot assume people into prison.”

Judge Pat Robb acknowledged that many, if not all, of the people in the house at the time were using drugs. But in issuing his verdict, Mr. Robb concluded the evidence did not show the defendant was in possession of the sock of crack.

Compiled by R.J. Cooper, who can be reached at rjcooper@npgco.com.