Opening statements expected today in heroin sale jury trial
NORWICH – Opening statements for a jury trial are set to take place Thursday, pending the expected completion of a two-day long jury selection. The Chenango County Court case involves a New Berlin man who was arrested in 2014 for allegedly being involved in the possession and sale of a large amount of heroin.
Jose Iran Gonzalez, 48, of New Berlin was originally arrested in Oct. 1, 2014 by the Norwich Police Department.
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.
It is alleged 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.
An arraignment was set for Jan. 7, 2015 but Gonzalez did not show up to his arraignment for the charges he was indicted on last December.
Gonzalez was assigned a public defender for the matter, John D. Cameron, who has represented him since the time of the arraignment.
When Gonzalez failed to show up for his arraignment, Cameron indicated that he did not know where his client was and that he had not heard from him.
District Attorney, Joseph A. McBride requested $50,000 cash bail for Gonzalez, since he is a “known drug dealer” and has a “wrap sheet out of Queens, NY.”
“He has a history of failing to appear,” said McBride in a previous article.
It should also be noted that Norwich Police’s K9 Nitro assisted in the investigation.
“I’m very proud of the officers for being alert and finding that car in a parking lot full of other cars,” said the then Chief of Police in Norwich, Joseph Angelino.
Gonzalez has been held at the CCCF since his arrest last year.
Most recently, Gonzalez appeared with his public defender, John D. Cameron in front of Chenango County Court as the jury selection began for his felony case on Sept. 8, 2015.
A pre-trial discussion did take place on Sept. 9, 2015 between the prosecution and the defense to discuss the possible inclusion of the unidentified man in the vehicle at the time of the arrest being added to the witness list.
The discussion began by Assistant District Attorney, Thomas L. Bowen, Jr. stating for City Court Judge, James E. Downey, that he would like the police officers involved to testify if they saw Mr. Gonzalez with the unnamed person in the car.
To which Judge Downey responded in the affirmative that they would probably do so but it would only be their testimony and not solid proof of Gonzalez’s sale of the drugs.
“The evidence should come in because it will show the defendant’s intent. He was walking around with drugs after in fact hanging around a known drug dealer. We need to look at the whole case, the defendant is claiming he is an addict not a drug dealer. I am asking that the evidence be brought in,” said First Assistant District Attorney, Michael D. Ferrarese.
The defense was then given a chance to speak, “the whole birds of a feather thing, if I'm in a car with you, Your Honor, it doesn't make me a judge. Absolutely has no connection to my client just because Mr. Bellamy may or may not be a known drug dealer. I would hate to assume people think I am like the people I used to hang out with in my younger days, we need to prove it on the facts of the case,” said Public Defender John D. Cameron.
The previously unidentified man, who has now only been identified only as Mr. Bellamy. More information will be available on him as it is discovered.
“You want to infer now just because they were together that he now is a drug dealer. It's absurd Judge and very prejudicial. He is an addict,” added Assistant Public Defender Aaron A. Dean.
After some more back and forth discussion Judge Downey ended the afternoons brief pre-trial discussion adjourning the case as it stands until a complete jury with alternates was fully assembled.
After two full days of jury selection, it is expected to be complete sometime later today, opening statements will begin promptly after.
Jose Iran Gonzalez, 48, of New Berlin was originally arrested in Oct. 1, 2014 by the Norwich Police Department.
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.
It is alleged 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.
An arraignment was set for Jan. 7, 2015 but Gonzalez did not show up to his arraignment for the charges he was indicted on last December.
Gonzalez was assigned a public defender for the matter, John D. Cameron, who has represented him since the time of the arraignment.
When Gonzalez failed to show up for his arraignment, Cameron indicated that he did not know where his client was and that he had not heard from him.
District Attorney, Joseph A. McBride requested $50,000 cash bail for Gonzalez, since he is a “known drug dealer” and has a “wrap sheet out of Queens, NY.”
“He has a history of failing to appear,” said McBride in a previous article.
It should also be noted that Norwich Police’s K9 Nitro assisted in the investigation.
“I’m very proud of the officers for being alert and finding that car in a parking lot full of other cars,” said the then Chief of Police in Norwich, Joseph Angelino.
Gonzalez has been held at the CCCF since his arrest last year.
Most recently, Gonzalez appeared with his public defender, John D. Cameron in front of Chenango County Court as the jury selection began for his felony case on Sept. 8, 2015.
A pre-trial discussion did take place on Sept. 9, 2015 between the prosecution and the defense to discuss the possible inclusion of the unidentified man in the vehicle at the time of the arrest being added to the witness list.
The discussion began by Assistant District Attorney, Thomas L. Bowen, Jr. stating for City Court Judge, James E. Downey, that he would like the police officers involved to testify if they saw Mr. Gonzalez with the unnamed person in the car.
To which Judge Downey responded in the affirmative that they would probably do so but it would only be their testimony and not solid proof of Gonzalez’s sale of the drugs.
“The evidence should come in because it will show the defendant’s intent. He was walking around with drugs after in fact hanging around a known drug dealer. We need to look at the whole case, the defendant is claiming he is an addict not a drug dealer. I am asking that the evidence be brought in,” said First Assistant District Attorney, Michael D. Ferrarese.
The defense was then given a chance to speak, “the whole birds of a feather thing, if I'm in a car with you, Your Honor, it doesn't make me a judge. Absolutely has no connection to my client just because Mr. Bellamy may or may not be a known drug dealer. I would hate to assume people think I am like the people I used to hang out with in my younger days, we need to prove it on the facts of the case,” said Public Defender John D. Cameron.
The previously unidentified man, who has now only been identified only as Mr. Bellamy. More information will be available on him as it is discovered.
“You want to infer now just because they were together that he now is a drug dealer. It's absurd Judge and very prejudicial. He is an addict,” added Assistant Public Defender Aaron A. Dean.
After some more back and forth discussion Judge Downey ended the afternoons brief pre-trial discussion adjourning the case as it stands until a complete jury with alternates was fully assembled.
After two full days of jury selection, it is expected to be complete sometime later today, opening statements will begin promptly after.
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