GUILFORD – A felony hearing became the scene of prolonged legal debate Tuesday night in the Town of Guilford Court, with the judge reversing a decision that would have led to the release of two defendants. During the hearing, prosecutors also admitted to the possible accidental loss of evidence, one defense attorney failed to show up and another called the proceedings “just shy of outrageous.”

The Chenango County Sheriff’s Office arrested six people Feb. 9 and charged four of them – 27-year-old Richard Tyler, 20-year-old Shawndell Johnson, 33-year-old Semajdanyell Baker and 34-year-old Asia Owens, all of Syracuse – with third degree criminal possession of a controlled substance, a B class felony.

Detective Kevin Powell testified he had been involved in the investigation for the past three months and that police were specifically targeting Tyler, who was the only defendant mentioned by name in the search warrant.

“We had a warrant signed by the judge to search Richard Tyler and any vehicle he was in,” said Powell. Both Powell and Lt. Richard Cobb testified that they did not previously know any of the defendants inside the vehicle prior to their arrest, except for Tyler.

Police testified they pulled over a car in which Tyler was a passenger at around 9 p.m. in the Town of Norwich’s South Plaza. Cobb said since police already had a warrant to search the vehicle, officers drove it back to the sheriff’s office. He testified they uncovered a digital scale, plastic baggies and two more bags of crack cocaine, each containing about $100 of the drug.

Under cross examination by Defense Attorney Linden D. Summers, Cobb said they discovered the drugs out of plain view and tucked under a seat. Cobb also testified that about 12 hours after the stop and following consultation with the District Attorney’s Office, police decided to charge all the car’s occupants with a B class felony based on the law of “automobile presumption.” Cobb said the law allows police to charge all occupants with possession of any illegal substance located in the vehicle.

Chenango County Sheriff Ernest R. Cutting said they believe the defendants were transporting drugs from Syracuse to Norwich.

Last night’s hearing began at about 7:45 p.m. with Assistant District Attorney Michael Ferrarese agreeing to lower the $10,000 cash bail on Owens to $1,500. Her defense attorney, Michael A. Garzo Jr., said his client had no previous criminal record and offered reassurances to the court from family members that Owens would comply with any terms set forth by Guilford Judge David Daniels.

The judge said he would reschedule Baker’s hearing after her appointed attorney, Frank Revoir Jr., failed to appear on her behalf. In a telephone call with other defense attorneys, Revoir relayed to the court he had received no notification of a hearing or that he had been assigned as Baker’s defense attorney.

Defendants Tyler and Johnson appeared together. Summers, who represents Johnson, asked the prosecution to produce all notes prepared by any testifying officers in last night’s hearing.