Marshall convicted of drug charges
Posted on Wednesday, June 25, 2008
A Fayetteville man was found guilty Tuesday after a prosecutor told the jury not to believe the "dope fairy "put prescription drugs in a shoe in his toolbox.
The jury heard an alibi witness talk about a man who was eaten by a mountain lion, a husband who worked for Interpol and surviving a 50-foot fall.
A Washington County jury deliberated for more than four hours before convicting Eddie Marshall Jr., 45, on felony charges of possession of both oxycodone and morphine and misdemeanor charges of possession of Valium.
The jury recommended three-year sentences and a $ 1, 000 fine on both felony charges and a $ 500 fine on the misdemeanor charge. Formal sentencing is set for July 2. He has prior convictions for breaking or entering, theft of property and domestic battery.
University of Arkansas police testified that they seized a total of 22 pills four oxycodone, three morphine and 15 Valium.
Julie Modina-Medel of Lincoln testified that she put the drugs inside a shoe in Marshall's toolbox, which was in his truck, the day before his arrest on March 9. She said Marshall gave her a ride to Fayetteville and he did not know she put the drugs in his shoe, where they were found by police.
She said people were always stealing her drugs and she did not know who she could trust, so she stashed them there. She said she was bipolar, suffered from serious pain and needed the pills, for which she had prescriptions.
"Mama told me not to keep all your money in one place," she testified. "I don't ever put all my pills in one place.... I lose stuff all the time."
She said she was traumatized because a family member's brother-in-law had been eaten by a mountain lion. She also said she had survived a 50-foot fall and that she had a husband who worked for Interpol.
She said she had taken several pills, including Prozac, oxycodone, Valium and thyroid medicine, before the trial Tuesday.
"When I don't have my medicine, all I do is cry," she testified.
David Bercaw, 4 th Judicial District deputy prosecutor, told the jury this whole case hinged on the credibility of the witnesses. Bercaw said the alibi witness' story is just not believable, that she would go around stashing pills like a squirrel hiding nuts.
"If you are a kid, you put a tooth under your pillow and your parents tell you the tooth fairy visited," Bercaw said during closing arguments. "Today we're getting a story the dope fairy put (the drugs ) there."
Three UA police officers testified that Marshall consented to a search after he was pulled over for having a broken windshield. He was nervous and shaky, but cooperative, officers said.
Marshall told the jury that he consented to a search because did not know the pills were in his truck.
FEEDBACK:
Something to say about this topic? Submit a Letter to the Editor online
