Pubdate: Wed, 05 Feb 2003
Source: Charlotte Observer (NC)
Copyright: 2003 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Author: Gary L. Wright

RETRIAL IN DRUG CASE ENDS IN AN ACQUITTAL

Defense focused on lack of `reliable clues'

Michael Rhynes, sentenced to prison six years ago along with his father,
Charlotte grocer Will Rhynes, in connection with a 25-year drug distribution
conspiracy, has won his freedom.

A federal jury on Tuesday, following a retrial, acquitted Michael Rhynes of
the drug conspiracy.

Rhynes had spent four years in prison before a federal appeals court in 2000
overturned his 30-year prison sentence and ordered the new trial. The
appeals court judges ruled that the trial judge's decision to prohibit a key
defense witness from testifying was "an abuse of discretion."

"I'm in shock right now," Michael Rhynes, 38, said following his acquittal.
"I'm feeling pretty good. I'm ready to move on and enjoy the rest of my life
and my family and raise my children."

Rhynes said his four years in prison were depressing but he never gave up
hope. "I always felt some day I'd be released," he said.

Rhynes praised his defense lawyer, Pete Anderson. "Without him, I'd be
looking at another 30-year sentence," he said.

Anderson said Rhynes faced an uphill battle because the prosecution called
more than a dozen convicted felons to testify against his client during the
trial.

But the defense lawyer said jurors didn't buy their testimony.

"With 15 convicted felons pointing their finger at Michael, that was
daunting," Anderson said. "But real drug dealing leaves reliable clues. The
government had no drugs, no guns, no drug ledgers, no large amounts of cash
and no unexplained wealth.

"The government relied purely on the word of convicted felons. And the jury
was able to discredit their testimony. Justice has finally come for Michael
Rhynes."

Assistant U.S. Attorney Gretchen Shappert declined comment.

Will Rhynes, who had been revered in his community as a compassionate and
generous man, was sentenced to life in prison.

But a federal appeals court in 1999 overturned his conviction too and
ordered a new trial. In throwing out the conviction, the appeals court
judges ruled that the jury did not disclose in its verdict what drugs the
defendants were convicted of conspiring to distribute.

But Will Rhynes, 67, opted not to go to trial again. He pleaded guilty in
November to drug conspiracy and money laundering charges and was sentenced
to 15 years in prison.

Will Rhynes was accused of conspiring to distribute cocaine, crack, heroin
and marijuana. His son and five others also were charged in connection with
the multimillion-dollar drug conspiracy dating to 1970.

Federal prosecutors had contended that Will Rhynes and his son bought and
sold drugs at several of their westside businesses, accepted money from
gambling operations and used drug money to buy 14 pieces of property.

During his 1996 trial, prosecutors portrayed Will Rhynes, who owned the Big
Apple Food Store on Statesville Avenue, as an intimidator who bought silence
with death threats and did good deeds to cover his crimes.

Prosecutors called as witnesses more than a dozen convicted drug dealers who
linked Will Rhynes to some of the region's notorious drug organizations.

But Will and Michael Rhynes proclaimed their innocence even after the
convictions. And they attacked prosecutors for relying on testimony from
felons who the Rhynes believed lied to win early releases from prison.

Following Tuesday's acquittal, Michael Rhynes said his father and the other
defendants convicted in 1996 are also innocent.

"I'm happy for my freedom," he said. "But I'm saddened that my father is
still in prison along with the other gentlemen. I wish they could all have
the opportunity to fight for their freedom."
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