Pubdate: Wed, 09 Jan 2002
Source: Daily Times, The (TN)
Copyright: 2002 Horvitz Newspapers
Contact:  http://www.thedailytimes.com/
Details: http://www.mapinc.org/media/1455
Author: Lance Coleman, of The Daily Times Staff

MAN FOUND GUILTY OF SELLING DRUGS NEAR SCHOOL

A 23-year-old Maryville man faces at least 15 years in jail and must
pay a $75,000 fine after a jury found him guilty of selling cocaine
near Sam Houston Elementary School.

Jurors took 40 minutes to find Kenny Melton guilty in Blount County
Circuit Court.

"I don't know if there's much to say," District Public Defender Mack
Garner said. "We tried the best case we could."

Melton won't be eligible for parole until he serves the entire minimum
sentence, Assistant District Attorney John Bobo said.

"The most dangerous person in society is the person who'll do
anything for $20 for drugs," Bobo said.

"I hope this verdict sends a chilling message to every drug dealer in
the county," he said. "If you sell within 1,000 feet of a school,
you're going to do hard time."

In court, Tennessee Highway Patrol Trooper Derek Swenson testified he
bought 0.6 grams of powder cocaine from Melton on May 8, 1998, about
75 feet from the school.

At the time of the purchase, Swenson was working under cover with the
Fifth Judical Drug and Violent Crimes Task Force.

"There were several kids out there playing and waiting for their
parents to pick them up," he testified. "There were so many kids in
the grassy area, it shocked me."

Bobo played an audio tape of the transaction. Swenson was wearing a
transmitter device that sent a signal to a nearby car where Capt. Ron
Talbott operated a recorder that captured audio of the activity.

Melton was recorded saying, "This is a cool neighborhood. You ain't
got nothing to worry about here."

The school property is bounded by Melrose Street, Cunningham Street
and Willow Drive in Maryville.

Garner cross-examined Swenson about the process of weighing and
sealing the powder cocaine before he took it the TBI crime lab in
Knoxville after the arrest.

Bobo outlined the elements necessary for the jury to find Melton
guilty.

"You have the testimony of the officer that the defendant put the
drugs in his hand and he gave him the money. You have an officer who
listened and then you heard the tape," he said.

"Then you know it was at least 1,000 feet from a school because you
hear the school buses on the tape," Bobo said.

Garner started his closing argument by saying," Nobody is here to
defend the sale of cocaine. The question is, has the state proven Mr.
Melton has done it. I suggest the state has not."

The public defender then questioned whether the powder tested to be
cocaine was the powder captured at the scene.

"I suggest we don't know where it came from and we certainly don't
know its the same stuff (that was) tested," Garner said.

"Let me respond in legal terms," Bobo said. "Oh please, oh please!
It was sealed on May 8, 1998, and opened twice. Once by (a TBI
technician) and in court today."
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