DRUG TRIAL ENDS IN ACQUITTAL

A Pittsburg County jury found William J. Yoast, 27, of Kiowa, innocent
Tuesday afternoon of a felony charge of possession of a precursor to
manufactured a controlled dangerous substance.

Yoast had been accused of possessing anhydrous ammonia, a substance which
can be used in the illegal manufacturing of methamphetamine, on Aug. 18,
2002. The substance also has legal uses, such as use for a fertilizer or
refrigerant. The jury, consisting of nine women and three men, deliberated
about 45 minutes before returning with the innocent verdict in District
Judge Steven Taylor's courtroom. If convicted, Yoast faced a sentence of
from seven years to life. In closing arguments, First Assistant District
Attorney Jimmy Harmon told jurors to think about why Yoast would have had
anhydrous ammonia in an improper propane container. Law enforcement
officers testified anhydrous ammonia can corrode the brass fittings on
propane containers, causing them to leak or blow the top off the container.
Defense attorneys Jeremy Beaver and Jeff Belote countered that the state
never proved Yoast was in actual possession of the container, which was
found in a truck during a traffic stop. They said there had been no
evidence presented that the vehicle belonged to Yoast. "They also have to
show you he intended to manufacture methamphetamine," Beaver said. "There
was nothing in the truck, no lithium batteries, no acid. Not only could you
not make meth, you couldn't even get started." Beaver said much of the
testimony had been about placing anhydrous ammonia in a propane container
and how it corrodes the fittings. "We're going to put a man in prison over
that?" Belote also attacked the state's case. "Anhydrous ammonia is not
illegal," he said. "They have to prove he intended to manufacture
methamphetamine. "They didn't find any methamphetamine," Belote said. He
said the state was asking the jury to put Yoast in prison because the
container "doesn't have the right code." The defense counsel also told
jurors the state didn't take fingerprints and they noted the container was
never introduced as evidence. They also noted the container was not
identified with an evidentiary tag immediately after it was seized.
Previous testimony indicated the container was destroyed because it was
considered too dangerous to bring it into court. "What about the risk of
sending an innocent man to prison?" Beaver asked. In the prosecution's
closing arguments, Harmon told jurors to use their common sense. "What do
you do when you're a defense attorney and you don't have a defense? You put
the police on trial," Harmon said. After jurors returned with the verdict,
Harmon said "We're disappointed, but we accept the jury's verdict." Belote
and Beaver said there wasn't enough evidence to convict Yoast. "The
district attorney did as good of a job as he could, but he didn't have the
evidence," Belote said. Meanwhile, in Associate District Judge Bartheld's
courtroom, closing arguments were expected to be held today in the trial of
Patty Juarez, 32, of McAlester. She is accused of possessing
methamphetamine on June 3, 2002.