NORWICH – Following two days of deliberation starting this past Wednesday, the 14-person jury was set in order to hear testimony of a drug-related case in Chenango County Court.
The jury case in Chenango County Court this week involves Jose Iran Gonzalez, 48, of New Berlin who was originally arrested in Oct. 1, 2014 by the Norwich Police Department.
It is alleged that at approximately 1:34 a.m. on Oct. 1 at the Howard Johnson's Hotel parking lot, located at 75 N. Broad St. in the City of Norwich, Gonzalez did knowingly and unlawfully possess 45 envelopes containing the narcotic drug heroin and 10 oblong white tablets marked “176” containing the narcotic drug dihydrocodeinone with acetaminophen, with the intent to sell.
This arrest stemmed from an alert which was put out by the New Berlin Police Department for a stolen vehicle.
It is also alleged that when the vehicle was located in the Howard Johnson's parking lot that there was another individual inside the vehicle. Gonzalez was not in the vehicle when the car was approached but was found nearby.
Gonzalez, then 47, was charged with criminal possession of a controlled substance in the third degree, a class B felony; possession with intent to sell; criminal possession of a controlled substance in the seventh degree, a class A misdemeanor; and unauthorized use of a motor vehicle in the third degree, a class A misdemeanor.
At approximately 10:37 a.m. on Thursday, Sept. 10, the final two jurors who will sit on the case were selected to complete the jury selection. At this time City Court Judge, James E. Downey called a 20-minute court recess.
At approximately 10:56 a.m. Chenango County Court was officially back in session in front of the jury.
“Opening statements will now take place, these opening statements and summations for that matter are not evidence, evidence will be provided in between the statements,” said Judge Downey as he addressed the jury.
“Mr. Gonzalez did commit the crime of criminal possession of a controlled substance, a class B felony. On Oct. 1, 2014, at approximately 1:34 a.m. Mr. Gonzalez did knowingly and unlawfully possess 45 individually packaged heroin with intent to sell, as well as 10 oblong white tablets containing hydrocodeinone with acetaminophen that were found in his possession,” said Assistant District Attorney, Thomas L. Bowen, Jr.
“Officers Miller and Legacy were out on the night patrol when they were told to look for a stolen vehicle. When Officer Miller pulled up to the car in question, he ran the plates and they matched the stolen car. Officer Miller discovered that there was in fact a passenger sitting in the car when he approached it and asked, “Where is the driver?” to which the passenger pointed to Denny’s restaurant where Mr. Gonzalez was exiting the back exit, as well as told him he was getting food. Gonzalez then turned an about face and walked towards the front, in which Miller radioed Officer Legacy to pull up out front, where he found Gonzalez,” continued Bowen.
“Officer Miller then noticed a pipe sticking out of his pocket, “crack pipe,” when he searched the defendant’s one pocket he found 45 individual packets of heroin, four full bundles and one half bundle containing 5 packets. The defendant did not appear to be high on any drug, which both the police officers will testify to this. Detective Purdy will also be called in and will attest that in our area 45 packets of heroin is a huge amount for any person to have and that it was not for personal use and therefore for sale,” Bowen added.
I am asking you at the end of the case, that you find Mr. Gonzalez guilty of all accounts,” concluded Bowen.
Public Defender, John D. Cameron, who is Jose Gonzalez's attorney then took the stand for his opening statements.
“Early Wednesday on the first of October my client was at Denny’s restaurant getting some food. He had not seen his girlfriend since the prior Friday, in the past he used her car, but this time he did not come back, so she called the police. Mr. Gonzalez did overuse the car and that was a bad decision on his part. He took the money from his girlfriend and used the money to purchase drugs and then stopped to get some food,” said Cameron.
Cameron then added, “pretty much after that it happened like Mr. Bowen said. But I'd like to add that he did not give the police any trouble during the arrest.”
“Mr. Gonzalez smoked heroin in his pipe in the bathroom of Howard Johnson’s, that is why he had 45 packets and not a full 50. The crux of this case has to do with whether he intended to sell or use it for personal use,” added Cameron.
Cameron then addressed the jury directly saying, “The people need to prove without a reasonable doubt that he intended to sell these drugs, all we know is that he just purchased them. Besides selling, the people have to show intent, that he consciously chose to sell. Therefore I am asking that if you feel the prosecution hasn’t done a good enough job proving that at the end of the trial, that you find my client not guilty,” concluded Cameron.
The prosecution was then instructed by Judge Downey to call its first witness. Officer Miller of the Norwich Police Department was walked in and took an oath before taking the stand.
Officer Miller was asked to describe the night in question, Oct. 1, 2014.
“After noticing a vehicle matching the description, I ran the plates and they came back stolen. It was a silver Ford vehicle, which was reported stolen out of New Berlin, which was parked out back of Howard Johnson’s. I didn’t believe anyone was inside but there was a male laying in the passenger seat. I asked him where the driver was and he pointed to Denny’s where he pointed to Gonzalez walking out the back,” said Miller.
“Did you recognize the driver?” asked Bowen.
“Yes, it was Jose Gonzalez. So I radioed Legacy, sent him to the front because Gonzalez had turned about face and headed towards the front. Legacy walked Gonzalez out the back exit and I spoke with him. I did observe a pipe sticking out of his front pocket but asked if he had anything else on him. After searching him I found the pipe, 4 and half bundles of heroin and pills,” said Miller.
Miller then testified to being an officer for over 8 years and having experienced “over 100 arrests with heroin alone.”
Bowen then asked a array of questions regarding the physical appearance of drug dealers and how they medically look. “Was he alert, quick, slow?” added Bowen.
“Very alert, looking both ways when his hands were on the car, usually heroin users are a lot slower, Gonzalez seemed to be in fine physical health much like I see him here today,” said Miller.
“Have you seen heroin withdrawal?” asked Bowen.
“Objection your honor, there is not enough evidence to ask that,” Cameron interjected.
