Bail reduced for man in postal pot case
NORWICH – A Norwich man who allegedly had about $15,000 worth of marijuana mailed to him from a Texas border town had his bail reduced to $1,000 after his lawyer complained that credit card interest rates were wreaking havoc on his client’s finances.
52-year-old Carl Smith Jr. is charged with second degree possession of marijuana and third degree conspiracy, both felonies. He is also charged with unlawful growing of marijuana and fourth degree possession of a weapon, misdemeanors.
On July 9, the Chenango County Sheriff’s Office and the Federal Drug Enforcement Administration (DEA) announced they had intercepted 10 pounds of marijuana in a postal package mailed from Donna, Texas, to Smith’s home on County Rt. 34 in the Town of Norwich.
Smith was originally remanded to the Chenango County Correctional Facility on $8,000 bail, which his lawyer, Frederick Meagher Jr., said he paid with a friend’s credit card.
Meagher asked the bail to be excused, explaining that the credit card demanded a $700 surcharge for it to be used in the correctional system and had a interest rate of around 29 percent.
He told Chenango County Supreme Court Judge Kevin M. Dowd that the indirect accumulating costs were unjust and added that his client was a lifelong Norwich resident who had not committed a criminal offense since the 1970s.
District Attorney Joseph A. McBride asked that the bail remain at $8,000, noting the value of the seized drugs and cash was double that amount.
The judge lowered the bail to $1,000.
In addition to the approximate 10 pounds of marijuana, police discovered eight marijuana plants in Smith’s back yard, two small bags of marijuana, a loaded .22 caliber rifle, and an illegal “black jack” weapon. They also uncovered several assorted marijuana pipes and paraphernalia following the month-long investigation by Sheriff’s Office, DEA and Postal Service.
Police then executed a second search warrant after information found at Smith’s home led them to a home at 108 Royal Ave. in the Town of Norwich, where they seized approximately four additional pounds of marijuana, scales, assorted packaging material and paraphernalia. Police also impounded a 2004 Chevy extended cab pick-up truck and found $3,900 in cash, which was seized as illegal drug proceeds.
Police charged the homeowners, 27-year-old Isaias Ortiz Elizondo and 25-year-old Jennifer B. Elizondo, with second degree criminal possession of marijuana, a felony.
Isaias was additionally charged with three other felonies – first degree criminal possession of marijuana, first degree attempted sale of marijuana and third degree conspiracy.
Jennifer Elizondo was released on her own recognizance, but Smith and Isaias Elizondo were arraigned in Town of Guilford Court and both were originally remanded to the county jail in lieu of $8,000 cash bail.
Elizondo is also currently out of jail after posting bail.
Smith has not been indicted on any of the felonies filed against him, but may face a grand jury later in October.
52-year-old Carl Smith Jr. is charged with second degree possession of marijuana and third degree conspiracy, both felonies. He is also charged with unlawful growing of marijuana and fourth degree possession of a weapon, misdemeanors.
On July 9, the Chenango County Sheriff’s Office and the Federal Drug Enforcement Administration (DEA) announced they had intercepted 10 pounds of marijuana in a postal package mailed from Donna, Texas, to Smith’s home on County Rt. 34 in the Town of Norwich.
Smith was originally remanded to the Chenango County Correctional Facility on $8,000 bail, which his lawyer, Frederick Meagher Jr., said he paid with a friend’s credit card.
Meagher asked the bail to be excused, explaining that the credit card demanded a $700 surcharge for it to be used in the correctional system and had a interest rate of around 29 percent.
He told Chenango County Supreme Court Judge Kevin M. Dowd that the indirect accumulating costs were unjust and added that his client was a lifelong Norwich resident who had not committed a criminal offense since the 1970s.
District Attorney Joseph A. McBride asked that the bail remain at $8,000, noting the value of the seized drugs and cash was double that amount.
The judge lowered the bail to $1,000.
In addition to the approximate 10 pounds of marijuana, police discovered eight marijuana plants in Smith’s back yard, two small bags of marijuana, a loaded .22 caliber rifle, and an illegal “black jack” weapon. They also uncovered several assorted marijuana pipes and paraphernalia following the month-long investigation by Sheriff’s Office, DEA and Postal Service.
Police then executed a second search warrant after information found at Smith’s home led them to a home at 108 Royal Ave. in the Town of Norwich, where they seized approximately four additional pounds of marijuana, scales, assorted packaging material and paraphernalia. Police also impounded a 2004 Chevy extended cab pick-up truck and found $3,900 in cash, which was seized as illegal drug proceeds.
Police charged the homeowners, 27-year-old Isaias Ortiz Elizondo and 25-year-old Jennifer B. Elizondo, with second degree criminal possession of marijuana, a felony.
Isaias was additionally charged with three other felonies – first degree criminal possession of marijuana, first degree attempted sale of marijuana and third degree conspiracy.
Jennifer Elizondo was released on her own recognizance, but Smith and Isaias Elizondo were arraigned in Town of Guilford Court and both were originally remanded to the county jail in lieu of $8,000 cash bail.
Elizondo is also currently out of jail after posting bail.
Smith has not been indicted on any of the felonies filed against him, but may face a grand jury later in October.
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