JUDGE ACQUITS MEDINA MAN OF MAILING POT TO COUNTY JAIL

Defense says marijuana wasn't sent intentionally

MEDINA: Even the judge thought it was an open-and-shut
case.

Stephen Francis didn't deny sending a letter to his girlfriend in the
Medina County Jail last December.

A sheriff's deputy who checked the incoming mail for contraband found
a small amount of marijuana inside the envelope.

What possible defense did Francis have?

One good enough, as it turned out, to persuade Common Pleas Judge
Judith A. Cross to acquit the Medina man of a felony charge that could
have sent him behind bars for a year.

At his trial yesterday, Francis, 44, testified that he didn't
deliberately send drugs to the jail.

``It was an accident,'' he said.

Francis explained that the small amount of marijuana leaves -- 0.97
gram, about 1/28 of an ounce -- was left over from a drinking and
smoking session in Columbus. While tidying up afterward, he swept the
leavings from a night stand into an envelope, which he shoved into a
backpack.

Weeks later, he said he inadvertently grabbed the envelope containing
the marijuana to enclose the letter to his jailed girlfriend.

Assistant County Prosecutor Joseph Salzgeber ridiculed Francis'
story.

``You would have this court believe you didn't see or smell marijuana
in the envelope?'' Salzgeber asked on cross-examination.

Francis said he was a heavy cigarette smoker and suggested that masked
any odor.

In closing arguments, Salzgeber argued Francis had sent the marijuana
to his girlfriend as an ``early Christmas present.''

``Stephen Francis didn't know that mailing marijuana to the jail
constituted a felony,'' Salzgeber said.

Possession of marijuana in the amount found in the envelope is a minor
misdemeanor, punishable by no more than a fine.

Defense attorney Christine Julian argued that the prosecution's
``Christmas present'' theory made no sense as a motive. She pointed
out that the girlfriend, who was serving 45 days on a drunken-driving
conviction, was scheduled for release on Dec. 17 -- two days after the
letter arrived at the jail.

``She would have been home for Christmas,'' the attorney
said.

The fact Francis had put his return address on the envelope also
indicated that the enclosed marijuana ``was nothing more than an
accident,'' Julian said.

``The defendant is not stupid,'' said Julian, noting that Francis had
served three years in the Navy where he was trained as a helicopter
mechanic and had taken some college classes.

Before announcing the verdict, Cross commented that she had wondered
before the trial how Francis would defend himself since he already had
admitted sending the letter containing the marijuana. But Cross, who
decided the case because Francis waived his right to a jury, said his
explanation was plausible, and prosecutors had not shown conclusively
that he intended to commit the crime.

Francis said he too was somewhat surprised by the verdict.

``Not to sound too corny, but it kinda restored my faith in the legal
system that the truth prevailed over the machinations of the Sheriff's
Department,'' he said.

Francis still faces some legal problems.

After the marijuana was discovered in the envelope, police obtained a
search warrant for his home. Although no drugs were found, Francis was
charged with possession of drug paraphernalia.

He pleaded no contest and was convicted of the misdemeanor charge,
which carries a maximum punishment of 30 days in jail and a $250 fine.

Cross yesterday delayed sentencing pending completion of a probation
report.

Checked-by: "Rich O'Grady"