 Garland Ray Nichols of Grantsville (pictured left) was found
guilty yesterday on two counts of delivery of a controlled
substance during proceedings of the Calhoun Circuit Court.
The twelve-person jury returned a verdict in short order, after
Prosecutor Matt Minney told the jurors there was a
preponderance of evidence against Nichols for selling
marijuana.
Nichols could be facing one to five years in prison on each
count.
Much of Nichols' defense was his attorney questioning the
credibility of two individuals who made the drug buy for the State
Police.
The Grantsville man stood before the court and said he had
problems understanding what crime he had committed, quoting
constitutional law.
"The constitution guarantees me my life, liberty and pursuit of
happiness," indicating it had been taken away from him by the
charges. He said the drug charges stem from his not paying
taxes.
Nichols told the court that legislative appointees like the State
Police should not be in a court of law, saying they were
legislated to patrol the highways.
Nichols was charged after being arrested for a "controlled
purchase" arranged by State Trooper Fred Hammack, formerly of
the Grantsville Detachment.
Trooper Hammack had arranged for the electronic wiring of at
least one of the two informants. He presented a tape recording to
the jury of what he said was a marijuana buy.
Both informants testified before the jury for the prosecution.
When a search warrant was obtained for the Nichols residence,
police found marked bills used during the drug buy and at least
one "Tupperware container" of marijuana.
Defense attorney Ernie Skaggs questioned Trooper Hammack
about the informants being reliable witnesses. Skaggs indicated
they had arrest records or convictions.
Skaggs asked if they were "confidential informants," implying
they were used for entrapment.
Hammack described Tim Tallhammer and Willie Nelson as
"cooperating individuals" who he believed were credible
individuals to make the buy.
Skaggs referred to Tallhammer and Nelson as being "used" to get
the results the officer wanted, asking what favors or concessions
were given them by Hammack for their cooperation.
Skaggs asked if the informants just walked into the police office
and said "Gee, I don't have anything else to do, I just want to
help."
Trooper Hammack refuted the allegations.
Prosecutor Matt Minney clarified the chain of command used with
the marijuana.
"I found $916 in the (Nichols) safe, including the marked bills,"
said Hammack, who testified he also found marijuana in a wallet
belonging to Nichols and indicated there was marijuana in a
tobacco can.
The officer said during his search he found scales and sandwich
bags, often used by dealers.
Judge David Nibert presided over the court.
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