CRIMINAL: BREWER V. COM. (SC 11/22/2006)

Criminal: Forfeitures; investigative hearsay
DATE RENDERED: 11/22/2006

SC affirmed Brewer’s convictions and 60 year sentence for one count of engaging in organized crime, KRS 506.120, four counts of trafficking in five or more pounds of marijuana, KRS 218A.1421(4), and four counts of trafficking in eight or more ounces but less than five pounds of marijuana. KRS 218A.1421(3). Defendant was not entitled to a directed verdict of acquittal. TC did not abuse its discretion in admitting the notebook or the accompanying testimony, as the Commonwealth produced sufficient evidence to show there was a conspiracy, that Brewer was a part of that conspiracy, and that the information documented in the notebook was made in furtherance of the conspiracy. Next, Brewer waived her right of joint representation in full compliance with RCr 8.30. It was an abuse of discretion for the trial court to admit evidence of firearms for which no connection to the drug trafficking scheme was shown. However, this error was harmless. Finally, SC affirmed TC’s order of forfeiture of Defendant’s real property, vehicle, and currency. However, the forfeiture of Defendant’s firearms has been reversed and remanded to the trial court for a determination that the firearms are actually "traceable to the exchange" for controlled substances.

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