Jury gets case of federal drug agent accused of helping frame 17 people in Ohio

By Thomas J. Sheeran, AP
Wednesday, February 3, 2010

Case against drug agent in Ohio goes to jury

CLEVELAND — The government presented enough evidence to convict a federal drug agent accused of helping frame 17 people, even without considering the testimony of a corrupt informant, the prosecutor said Wednesday as the case wrapped up.

But the defense for Lee Lucas, 41, a veteran Drug Enforcement Administration agent, belittled the government’s case as based on “inexplicable” and “inconceivable” testimony.

The case went to a U.S. District Court jury following closing arguments by Bruce Teitelbaum, a federal prosecutor, and Lucas’ attorney, Thomas Roth. Deliberations begin Thursday.

Teitelbaum told jurors that people were framed in the 2005 Mansfield sting directed by Lucas, and that even known drug dealers who were targeted have rights.

“Everybody, every citizen, has rights,” he told the jury. “Innocent people were framed.”

Teitelbaum said the case against Lucas was strong without taking into account the paid informant who had admitted framing people. Teitelbaum highlighted discrepancies between Lucas’ testimony in prior trials and his surveillance reports and testimony from government witnesses and video and audio tape evidence.

He urged jurors to study the surveillance reports and compare the information to Lucas’ trial testimony and the statements of trial witnesses.

Roth variously described government witnesses and evidence as “inexplicable,” ”impossible” and “inconceivable” and said Lucas’ testimony that helped clear a suspect showed he never meant to frame anyone.

After one surveillance, Lucas was asked whether the photo of a person with the same nickname as the target was the dealer in question. “He said it wasn’t her, because it wasn’t her. It’s that simple,” Roth said.

If Lucas wanted to frame people, Roth asked, “Why wouldn’t he have said,’Yeah, that’s her.’”

Roth said the 18 counts against Lucas were excessive and said the government might want jurors to “horse deal,” convicting on some counts and acquitting on others.

Roth told jurors that if they believe Lucas is innocent, “Don’t let go of that conviction. Hold onto it. Much depends on it.”

Lucas faces charges including obstruction of justice and perjury. The case prompted the government to drop charges related to tips provided by Lucas’ paid informant in Mansfield.

The informant, Jerrell Bray, who testified for the government, is serving 15 years for perjury and civil rights violations against those targeted. He has admitted framing people in the investigation by deliberately misidentifying them or staging scripted phone calls to make them appear to be drug dealers.

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