QS was arrested last October for Possession of Cannabis with intent to Deliver, a Class 3 Felony. He had originally been detained by local police officers when he picked up a box containing 6 pounds of Marijuana from a friend’s house. The package had been shipped here from California. QS was found to be in possession of the receipts and shipping order for the container.
Our initial investigation uncovered that the package had most likely been shipped here by someone else. Although QS admitted he had been in California at the time the box was shipped, there was no evidence that he was the one who sent it. Both the shipping order and the receipt for payment of shipping named a different sender. The recipient was also listed as someone else.
It was our belief throughout the proceedings that the State’s Attorney would not be able to prove beyond a reasonable doubt that QS knew the contents of the box. We requested a trial.
Our defense focused primarily on the lack of evidence and inconsistencies in the police investigation. During the trial, 3 separate police officers were subjected to a vigorous cross-examination. They each admitted that NO investigation had been done with regard to either the shipper or the recipient of the package. They admitted that QS had never opened the box and that they had no evidence of his personal knowledge of its contents.
We submitted several recent Appellate Court cases supporting our legal position to the judge. We wrote and filed a written Memorandum of Law explaining the innocence of our client. In ruling, the Judge noted that there were several innocent explanations for QS’s possession of the box. Furthermore and most importantly, the State had not overcome his presumption of innocence
FINDING OF NOT GUILTY