Alabama man convicted of drug charge

Published 5:00 am Friday, September 27, 2002

An Oxford, Ala., man is facing up to 50 years in prisonfollowing his conviction on marijuana possession and conspiracycharges Thursday in Lincoln County Circuit Court.

Sam Walker Jr., 39, of 2108 Peek Dr., Oxford, Ala., wasconvicted of unlawful possession of more than five kilograms ofmarijuana with intent to distribute and conspiracy to distributemarijuana. He faces a minimum of 10 years and a maximum of 30 yearson the possession with intent to distribute charge and up to 20years on the conspiracy charge.

“”I believed the state’s evidence would show the defendant wasguilty and that justice would prevail,” said Assistant DistrictAttorney Hilton Miller, who was trying his second case for the DA’soffice.

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Sentencing for Walker is expected some time next week beforeJudge Keith Starrett, court officials said.

The jury deliberated about two hours before reaching its verdictfollowing the two-day trial.

“How can that be,” cried Walker’s sister-in-law, FrancisJackson, as the jury left the nearly-empty courtroom Thursdayafternoon.

Jackson, who said there was reasonable doubt in the case, wasquickly silenced by court security. She had testified during thetrial that part of the money used to purchase the drugs was a loanrelated to Walker’s automobile detail shop in Alabama.

Walker was arrested April 3 during a controlled deliveryoperation by the Lincoln County Sheriff’s Department.

Earlier that morning, Narcotics Officer Chris Picou stopped arented van, driven by Stephen Raemon Duncan, carrying 11,200 grams– or about 27 pounds — of marijuana. Duncan then cooperated withlaw enforcement and contacted Walker to have him come and pick upthe drugs.

Joe Fernald, Walker’s attorney, said his client wasentrapped.

“Obviously, we’re disappointed with the verdict and we will beperfecting an appeal,” Fernald said.

In closing arguments, Fernald said Walker had no predispositionto come to Lincoln County on April 3, other than to help a friendwho was having vehicle trouble. In recorded phone conversationsheard by the jury, Fernald pointed out that Walker never mentionedthe drugs that cost $12,000 and had a reported street value of$54,000.

“He never showed any concern about this huge investment he had,”Fernald said.

Fernald asserted that Duncan, a convicted felon with a cocaineconviction in his past, was the real drug trafficker and wasgetting a “free ride” for turning on Walker. The attorney toldjurors that testimony from accomplices should be viewed with greatsuspicion.

“If someone has something to be gained from it, they’re liableto say anything,” Fernald said.

In his closing, Miller said jurors were seeing a “well thoughtout” package of Walker. Walker was dressed in a suit and tie duringboth days of the trial.

Repeatedly calling Walker a drug dealer and picking up theevidence bag containing the marijuana, Miller attacked thedefense’s entrapment assertion.

Miller cited transaction records showing $12,000 had been wired,in small increments to avoid suspicion, to Duncan since December.He also pointed out telephone comments indicating Walker was beingpressured by buyers in Alabama to delivery the drugs.

“This is not something the police had to entice him into doing,”Miller said about Walker’s willingness to come pick up themarijuana.

Miller also pointed out Walker’s “they’ve already got the drugdog out … we’re busted” comment made during the taped controlleddelivery stop. Walker testified the comment referred to his expireddriver’s license.

Following Walker’s trial, Duncan pleaded guilty to conspiracy topossess marijuana.

Duncan, 34, of 1318 Nile Road, Corpus Christi, Texas, wassentenced to five years and ordered to serve the first day, whichhe had done when he was arrested following the traffic stop. Theremainder of the sentence was suspended and Duncan left for Jacksonto catch a flight back to Texas.