Pubdate: Wed, 15 Jan 2003
Source: McAlester News-Capital & Democrat (OK)
Copyright: McAlester News-Capital & Democrat 2003
Contact: http://www.zwire.com/site/news.cfm?newsid=139068&BRD=1126
Website: http://www.mcalesternews.com
Details: http://www.mapinc.org/media/1892
Author: James Beaty

DRUG TRIAL ENDS IN ACQUITTAL

A Pittsburg County jury found William J. Yoast, 27, of Kiowa, innocent 
Tuesday afternoon of a felony charge of possession of a precursor to 
manufactured a controlled dangerous substance.

Yoast had been accused of possessing anhydrous ammonia, a substance which 
can be used in the illegal manufacturing of methamphetamine, on Aug. 18, 
2002. The substance also has legal uses, such as use for a fertilizer or 
refrigerant. The jury, consisting of nine women and three men, deliberated 
about 45 minutes before returning with the innocent verdict in District 
Judge Steven Taylor's courtroom. If convicted, Yoast faced a sentence of 
from seven years to life. In closing arguments, First Assistant District 
Attorney Jimmy Harmon told jurors to think about why Yoast would have had 
anhydrous ammonia in an improper propane container. Law enforcement 
officers testified anhydrous ammonia can corrode the brass fittings on 
propane containers, causing them to leak or blow the top off the container. 
Defense attorneys Jeremy Beaver and Jeff Belote countered that the state 
never proved Yoast was in actual possession of the container, which was 
found in a truck during a traffic stop. They said there had been no 
evidence presented that the vehicle belonged to Yoast. "They also have to 
show you he intended to manufacture methamphetamine," Beaver said. "There 
was nothing in the truck, no lithium batteries, no acid. Not only could you 
not make meth, you couldn't even get started." Beaver said much of the 
testimony had been about placing anhydrous ammonia in a propane container 
and how it corrodes the fittings. "We're going to put a man in prison over 
that?" Belote also attacked the state's case. "Anhydrous ammonia is not 
illegal," he said. "They have to prove he intended to manufacture 
methamphetamine. "They didn't find any methamphetamine," Belote said. He 
said the state was asking the jury to put Yoast in prison because the 
container "doesn't have the right code." The defense counsel also told 
jurors the state didn't take fingerprints and they noted the container was 
never introduced as evidence. They also noted the container was not 
identified with an evidentiary tag immediately after it was seized. 
Previous testimony indicated the container was destroyed because it was 
considered too dangerous to bring it into court. "What about the risk of 
sending an innocent man to prison?" Beaver asked. In the prosecution's 
closing arguments, Harmon told jurors to use their common sense. "What do 
you do when you're a defense attorney and you don't have a defense? You put 
the police on trial," Harmon said. After jurors returned with the verdict, 
Harmon said "We're disappointed, but we accept the jury's verdict." Belote 
and Beaver said there wasn't enough evidence to convict Yoast. "The 
district attorney did as good of a job as he could, but he didn't have the 
evidence," Belote said. Meanwhile, in Associate District Judge Bartheld's 
courtroom, closing arguments were expected to be held today in the trial of 
Patty Juarez, 32, of McAlester. She is accused of possessing 
methamphetamine on June 3, 2002.
- ---
MAP posted-by: Jay Bergstrom