CLEARFIELD – Yesterday the three-day drug trial got under way for a 26-year-old Philadelphia man, Vernon Donate Duncan, who has been accused of selling marijuana and cocaine to an undercover agent from a DuBois apartment in February and March of this year.
During his opening statements, Clearfield County District Attorney William A. Shaw Jr. told jurors the commonwealth filed the charges against Duncan for selling drugs on Feb. 5, Feb. 14 and March 4 to an undercover agent. He said these drug transactions took place at an apartment at 102 Quarry Ave., DuBois.
Then, he said undercover agents and police officers from the county’s Drug Task Force executed a search warrant on March 5. He said they seized marijuana, cocaine, items of drug paraphernalia, firearms and U.S. Currency from a bedroom, where Duncan conducted the drug transactions with the undercover agent within the apartment.
Defense attorney Chris Pentz reminded jurors during his opening statements that they were serving as the “officers of fact” for the case.
The undercover agent with the state Office of Attorney General’s Bureau of Narcotics Investigation and Drug Control testified first. On Feb. 5 the agent went to the apartment where Duncan stayed and entered the building, while another agent and police officers provided surveillance outside. The agent went to the top of the steps, knocking on the right door, which was marked 102.
The agent heard a male ask who was there and told him. After going inside, an African-American male who was later identified as the defendant invited the agent into a bedroom. The agent explained they were there to purchase $80 worth of marijuana, and Duncan said he sold marijuana by the half-ounce for $75. However, the agent said he agreed to sell that amount plus a smaller amount, or approximately $5 worth of marijuana.
According to testimony, the agent watched Duncan retrieve small baggies and the marijuana and then weigh out both amounts. He put the amounts in two, separate baggies and handed them over. The agent and Duncan then discussed future purchases, which he said wouldn’t be a problem. The agent handed him $80, saying their number should be in his cellular phone, which Duncan saved as a contact.
Later on Feb. 5, the agent received a text message from the defendant. He had more if the agent wanted to stop by. The agent told him they could not, as they were out-of-town at the time.
On Feb. 14 the agent went with another one and a police officer to the apartment. Upon arrival the agent was invited inside and went to the dining area with the defendant who asked what they were looking for. The agent wanted an ounce of “green,” which is street slang for marijuana. Then, Duncan asked if he could “help with anything else,” and the agent mentioned someone told them he was the “hook up for some white,” or cocaine. The agent said Duncan told them he was going to offer it but wasn’t sure how to approach the situation.
The agent followed Duncan to the same bedroom as the last drug purchase. He retrieved a green, leafy plant material from a red duffel bag and put it on top of the dresser and then got empty baggies, a digital scale and another bag with the cocaine. Duncan weighed out the cocaine, put it in a bag and set it on a stereo speaker. The agent took it and put in on their person and did the same after he weighed out the marijuana.
While the agent was in the apartment, another one called to check in. After they got off the phone, the agent explained to Duncan that this guy had brought them and helped with some money for the drugs. The agent told Duncan that the guy was just a little anxious and wanted to make sure he was getting what he’d asked for. Duncan said that next time the agent could contact him ahead of time, and he could have it ready, then they wouldn’t have to wait around.
The agent gave Duncan $250 for the drugs and left.
On March 4 the agent went to the apartment and was invited inside by Duncan. This time the agent had contacted him ahead and discussed the amount and the price. The agent wanted an eight ball of cocaine, and he agreed to sell it for $325. The agent was getting marijuana at the same time, which they agreed would be “fronted” and then paid for later.
According to testimony, the agent watched the defendant retrieve his digital scale, weigh the cocaine and put it in a bag. After that he walked to the side of the bed, where the agent heard him unzip a bag, and he then weighed out the marijuana and put it in a bag. He took it over to the agent.
Again when the agent was inside the apartment another called to check in. The agent told Duncan it was the guy who was waiting outside. The agent asked Duncan if he had more cocaine, as they’d want two eight balls possibly later that day or the next day, which Duncan replied wouldn’t be a problem.
The agent told jurors they were trying to see how much “weight,” or the amount of drugs, that Duncan had inside the apartment in case they would apply for a search warrant. During a debriefing session after the purchase, the agent said they decided to apply for a search warrant due to the “weight” of marijuana and cocaine that Duncan had in his possession.
On March 5 the agent said they prepared to execute the search warrant at the apartment. The agent wasn’t a part of the entry team, however, and provided surveillance outside. The agent was involved so far as developing the entry plan and creating a layout of the apartment to prepare the entry team.
Officer Matthew Robertson, evidence custodian with the DuBois City police, testified next. He retrieved two, baggies of a green plant material from a temporary evidence locker at the station that was collected on Feb. 5; one bag of a green plant material and one bag of a white powder that was collected on Feb. 14; and one bag of green plant material and one bag of white powder that was collected on March 4.
Robertson also retrieved numerous items from temporary evidence that was collected as a result of the search warrant executed on March 5. Among these items, he said, were bags of green plant material, a bag of a white powdery substance, digital scales, a marijuana grinder, syringes, firearms, U.S. Currency and other related drug paraphernalia.
Ted Williams, a forensics scientist at the Pennsylvania State Police Crime Laboratory in Erie, was the final witness to testify on Wednesday. Williams was qualified as an expert and testified that the laboratory was accredited by the American Society of Crime Laboratory Directors. Despite being qualified as an expert from an accredited crime laboratory, Pentz questioned Williams’ ability to conduct drug analysis. When asked by Shaw under re-direct, Williams said there wasn’t any doubt that the items submitted were marijuana and cocaine.
The trial resumes at 9 a.m. today with Judge Paul E. Cherry presiding over the case. The trial is scheduled through Friday.