Pubdate: Thur, Aug 26, 1999 Source: Roanoke Times (VA) Copyright: 1999 Roanoke Times Contact: 201 W. Campbell Ave., Roanoke, Va. 24010 Website: http://www.roanoke.com/roatimes/index.html Author: Michael Hemphill CLOSING ARGUMENTS BEGIN IN BLAND PRISON DRUG CASE Summations Take 5 Hours, Still Not Over Prosecutors Called The Defendant's Explanation That He Was Conducting A Private Sting Operation To Catch Crooked Guards A "Fantastic, Secret-agent Spy Story." ~~~~~ Haggling over jury instructions and 5 hours of closing arguments left no time Wednesday for a jury to begin deliberating the fate of five people accused of running a marijuana ring inside a state prison. Whether the jury in U.S. District Court will get that chance today remains to be seen: attorneys for three of the defendants must still deliver their final statements and then federal prosecutors will have a last opportunity for rebuttal. The prosecution began Wednesday's lengthy debate by attacking inmate Michael Fulcher's claim that he was dealing drugs inside Bland Correctional Center from 1995 to 1997 for his own undercover investigation to bust dirty guards. A former informant for the Drug Enforcement Administration, Fulcher, 40, claimed he had his mother save money orders and incriminating letters to chart who smuggled and sold drugs in the prison -- with hopes authorities would reduce his 48-year sentence once he turned over the documents. Calling Fulcher's defense a "fantastic, secret-agent spy story," Lance Salyers, a law student interning at the U.S. Attorney's Office, argued Fulcher's real motive for saving the papers was to blackmail guards if he ever got caught in his lucrative drug trade. That way, Salyers explained, Fulcher "could run his business as long as he wanted." His mother and co-defendant, Ethel Fulcher of Roanoke, aided in the trafficking by placing marijuana in a boom box, which a counselor who'd fallen in love with Fulcher brought into the prison, Salyers said. And, Salyers said, the drug proceeds ultimately went to Ethel Fulcher, and Fulcher's wife, Rosanna Sue Nichols, also a defendant, who then bought more marijuana . The other two accused -- inmate Alvin G. Garcia and ex-guard William C. King of Wytheville -- were both seen by inmates helping Fulcher sell drugs in the prison, Salyers said. Defense attorneys David Whaley and David Baugh took aim at the Department of Corrections as the real criminal. Its guards and administrators allowed marijuana to flow freely in the prison and then tried to protect their own when Fulcher's work became public, Baugh argued. Baugh said both a Richmond attorney and a DEA agent knew about Fulcher's operation long before a DOC agent began his inquiry. Michael and Ethel Fulcher never turned over the documents because they didn't trust what the DOC would do, Baugh said, noting that one guard caught selling drugs is still an officer at the prison. "What you have here are two vigilantes," Baugh said, who were foolish enough to believe the government cared about corruption within the DOC. Attorneys for Nichols, Garcia and King will present their closing this morning. - --- MAP posted-by: manemez j lovitto