U.S. v. Pickard
| Decision Date | 29 July 2003 |
| Docket Number | No. 00-40104-01/02/RDR.,00-40104-01/02/RDR. |
| Citation | 278 F.Supp.2d 1217 |
| Parties | UNITED STATES of America, Plaintiff, v. William Leonard PICKARD, and Clyde Apperson, Defendants. |
| Court | U.S. District Court — District of Kansas |
Gregory G. Hough, Office of United States Attorney, Topeka, KS, for Plaintiff.
William K. Rork, Rork Law Office, Topeka, KS, for defendant William Leonard Pickard.
Mark L. Bennett, Jr., Bennett & Hendrix, LLP, Topeka, KS, for defendant Clyde Apperson.
This matter is presently before the court upon the defendants' motions for new trial and defendant Pickard's renewed motion for judgment of acquittal. Having carefully reviewed the arguments of the parties, the court is now prepared to rule.
The defendants were originally indicted on November 8, 2000. They were initially charged with conspiracy to manufacture, distribute and dispense 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 846. An additional charge of possession with intent to distribute or dispense 10 grams or more of a mixture or substance containing a detectable amount of LSD in violation of 21 U.S.C. § 841(a)(1) was added on January 17, 2001. The trial began on January 13, 2003. The trial concluded on Friday, March 28, 2003. The jury returned a verdict on March 31, 2003. The defendants were found guilty on both charges.
Both defendants have filed a motion for new trial. Pickard has also filed a renewed motion for judgment of acquittal. In his motion for new trial, Pickard asserts that the court erred in approximately 90 ways during the course of this litigation. Apperson raises 59 examples of error by the court in his motion for new trial. Each defendant joins in the issues raised by the other one. The defendants contend that these errors, either singularly or collectively, require a new trial.
In the motion for judgment of acquittal, Pickard raises two arguments. First, he contends that the evidence was insufficient to support the jury's verdict. Second, he argues that the jury failed to give adequate consideration to the evidence and arguments presented because it only deliberated for approximately five hours.
The court shall turn initially to the motion for judgment of acquittal filed by Pickard. In considering a motion for judgment of acquittal, the court must uphold the jury's verdict of guilty if "`any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" United States v. Haber, 251 F.3d 881, 887 (10th Cir.) (quoting United States v. Schluneger, 184 F.3d 1154, 1158 (10th Cir.1999) cert. denied, 528 U.S. 1080, 120 S.Ct. 800, 145 L.Ed.2d 674 (2000)), cert. denied, 534 U.S. 915, 122 S.Ct. 259, 151 L.Ed.2d 189 (2001). The court "must ask `only whether taking the evidence—both direct and circumstantial, together with the reasonable inferences to be drawn therefrom—in the light most favorable to the government, a reasonable jury could find [defendant] guilty beyond a reasonable doubt.'" United States v. Magleby, 241 F.3d 1306, 1311 (10th Cir.2001) (quoting United States v. Springfield, 196 F.3d 1180, 1184 (10th Cir.1999), cert. denied, 529 U.S. 1029, 120 S.Ct. 1444, 146 L.Ed.2d 331 (2000)). "Furthermore, `the evidence necessary to support a verdict need not conclusively exclude every other reasonable hypothesis and need not negate all possibilities except guilt.'" Id. (quoting United States v. Wood, 207 F.3d 1222, 1228 (10th Cir.2000)).
In viewing the facts presented at trial in the light most favorable to the government, the court makes the following findings of fact. In October 2000, Gordon Todd Skinner, along with his attorney, Tom Haney, went to the Department of Justice in Washington, D.C. to inform Justice officials about the location of a large LSD laboratory. Skinner told Justice officials that he had been a part of the organization that had manufactured LSD and was now in possession of the laboratory equipment. Skinner told them that William Leonard Pickard and Clyde Apperson were also partners in the LSD manufacturing operation. Skinner said that the equipment was at a decommissioned missile base near Wamego, Kansas that he owned.
On October 23, 2000, at the request of law enforcement officials, Skinner met Pickard in a hotel room in Marin County, California. The meeting was videotaped. During the meeting, Pickard and Skinner discussed the LSD laboratory and its movement from its present location. Pickard advised Skinner that he wanted Apperson to take possession of the laboratory.
On October 27, 2000, DEA agents and others conducted a walk-through of the missile base with Skinner. They observed the contents of a non-operational LSD laboratory packed in approximately 45 large, green shipping containers. The containers were located in a building identified as the "Lester Building" on the base. On October 31, 2000, agents executed a search warrant at the base. Agents took various samples of materials found in the containers and seized 6½ kilograms of a substance they believed was ergotamine tartrate, a precursor chemical for the manufacture of LSD. The substance, however, tested positive for ergocristine, a material that can be used interchangeably with ergotamine tartrate in the manufacture of LSD.
Subsequent phone conversations occurred between Skinner and Pickard. All of these conversations were recorded. Eventually, Pickard told Skinner that he was coming to see the laboratory and, in particular, to make sure that the ergocristine was secure. Skinner reported that the ergocristine was in Tulsa, where he had previously lived, and where his mother owned a spring manufacturing company. On November 2, 2000, Pickard and Apperson arrived in Tulsa. Skinner drove from Wamego on November 3rd and met them. He finally revealed to Pickard and Apperson that the ergocristine was in Wamego with the rest of the laboratory equipment.
Pickard and Apperson then traveled to Wamego, Kansas on November 4, 2000. They made the trip in a Buick automobile they had rented in Tulsa. They met Skinner near the missile base. These conversations were also recorded. Several arguments occurred among the trio. Pickard and Apperson expressed their concern about storage of the laboratory equipment at Wamego. They also indicated that they were concerned for their safety if the entire laboratory, including the ergocristine, was not returned to them.
Pickard and Apperson began making plans for the transfer of the laboratory equipment from Wamego. They rented a truck in Topeka, Kansas. The return destination for the truck was Albuquerque, New Mexico. Pickard and Apperson subsequently drove the truck to the base and left it there. They began loading the truck in the Lester Building on the evening of November 4, 2000. The loading lasted until the morning hours of November 5, 2000. They were, however, not prepared to leave until they obtained the ergocristine. They had additional conversations with Skinner concerning the ergocristine. Skinner agreed to return the ergocristine. On November 6, 2000, the ergocristine was returned to the base by the DEA. Skinner told Pickard where the ergocristine was located. Pickard went to that location on the base and retrieved it. Pickard and Apperson then left the base. Pickard was driving the Buick that he and Apperson had used to travel from Tulsa. Apperson was driving the rented truck. As they left the area, Kansas Highway Patrol officers activated their emergency lights and sirens to stop them. The vehicles driven by Pickard and Apperson, however increased their speed. The troopers pursued the vehicles and eventually forced them to stop by pulling in front of the truck. Apperson was removed from the truck and taken into custody. Pickard fled from the scene on foot after letting the Buick roll to a stop and end up in a ditch. A subsequent search failed to detect him.
Pickard was arrested the following day after being found by a farmer. He was found in a truck at the farmer's property about four miles west of Wamego. The farmer saw Pickard in the truck, and Pickard got out. Pickard advised the farmer that he had gotten stuck early in the morning and needed a ride to Manhattan, Kansas. The farmer had heard about the manhunt and suspected that Pickard might be the subject of the search. He called local law enforcement. After their arrival, Pickard again attempted to flee. He ran through a field, but was eventually caught and arrested. The ergocristine was found in the Buick that Pickard had been driving.
Subsequently, law enforcement officers obtained search warrants. These warrants were executed at the missile base from November 17, 2000 to November 22, 2000. The execution of the warrants took several days because of the volume of materials and the danger posed by the chemical substances. Law enforcement officers found an abundant amount of items and equipment associated with an LSD laboratory. They also found several chemical substances including LSD, lysergic acid, and iso-lysergic acid. Among the items found in the Buick was a recipe for the manufacture of LSD. The paper on which the recipe was written also appeared to contain past production quantities.
During the execution of the search warrants, law enforcement agents found a large patch of dead grass outside the Lester Building. Soil samples of the area were taken, and they tested positive for LSD, iso-LSD, and lysergic acid. During trial, Pickard admitted that, while Apperson loaded the equipment into the truck, he dumped hazardous solutions onto the ground of the missile base.
An analysis of the substances seized from the laboratory revealed 41.3 kilograms of LSD, 23.6 kilograms of iso-LSD,...
To continue reading
Request your trial
-
U.S. v. Apperson
...this tape. The court does not believe that the defendants were prejudiced by the court's handling of this issue. United States v. Pickard, 278 F.Supp.2d 1217, 1235 (D.Kan.2003). Importantly, Apperson does not dispute the district court's description of the factual circumstances surrounding ......
-
Pickard v. Dep't of Justice
...an in camera review to determine if there were any other occasions where Skinner had served as an informant.” United States v. Pickard, 278 F.Supp.2d 1217, 1244 (D.Kan.2003). Pickard's opposition also included a declaration of his own, attesting that at his criminal trial DEA agent Karl Nic......
-
United States v. Smith
...v. United States, 379 F.2d 501, 508 (8th Cir. 1967), cert. denied, 389 U.S.1008 (1967). See generally United States v. Pickard, 278 F. Supp.2d 1217, 1247-48 (D. Kan. 2003) ("A trial court may properly refuse to issue a subpoena when the defendant fails to set forth the expected testimony of......
-
United States v. Zuhrieh
...165 F. Supp. 2d at 1238 (quoting United States v. Winchell, 129 F.3d 1093, 1096 (10th Cir.1997)). See also United States v. Pickard, 278 F. Supp. 2d 1217, 1241-42 (D. Kan. 2003) ("In reviewing jury instructions, the court must determine if the instructions properly state the law and provide......