After failing to reach a verdict yesterday afternoon, the Carroll Circuit Court jury in the Pamela Snowhite Davis drug-distribution case was to resume deliberations this morning.
Circuit Judge Raymond E. Beck Sr. gave the nine-man, three-woman panel the option of deliberating through the night, but jurors declined.
Testimony in the two-day trial ended yesterday afternoon, with the jury getting the case shortly before 4 p.m. The defendant did not testify in the so-called "UPS case."
Ms. Davis, 48, is a vocal supporter of marijuana legalization. She is on trial on a four-count indictment charging possession of marijuana with intent to distribute, possession of marijuana, possession of drug paraphernalia and maintaining a common nuisance.
Since a Carroll County Narcotics Task Force raid May 7 at Terrapin Station, her Silver Run farm, Ms. Davis has sharply criticized the task force, at times claiming its case against her was meant to silence her criticism.
Not so, said Assistant State's Attorney Barton F. Walker III.
"We can believe in the legalization of marijuana, but we cannot possess it and we cannot use it," the prosecutor said in his closing arguments. "I submit that she knew exactly what was in her house, exactly what it was used for, and she used it."
On a tip from an Orange County, Calif., sheriff's deputy, the task force learned that a United Parcel Service package addressed to the farm contained 1 1/2 ounces of marijuana. A Carroll sheriff's deputy posed as a UPS employee and delivered the package to the farm. When a woman signed for the package, task force officers entered the house.
Every item the task force seized in the raid was introduced in Ms. Davis' trial, from less than 1 ounce of marijuana found in her bedside stand to dozens of pro-marijuana pamphlets, magazines and posters. A water bong, a plant-growth light, rolling papers and hollowed-out oil cans also were admitted as evidence.
In his closing argument, defense attorney Stephen P. Bourexis argued that the search warrant authorizing the raid was defective, and that prosecutors had not proved his client was a drug dealer.
"What we have here is an overwhelming experience of my client finding herself a drug dealer because somebody decided to send a package to her house," he told the jury.
"I'm not suggesting to you that Pamela Snowhite Davis is the epitome of Snow White in 'Snow White and the Seven Dwarfs.' She is human, and she has her faults. But there is no evidence in this case that she is guilty of distributing drugs."