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SBI and Wake Sheriff Want to Know: Who Mailed Pot Back to Suspect?

Author: IAPE February 15, 1998

www.WRAL.com
Link to Arti­cle
BYLINE: Stu­art Watson

Raleigh, NC

RALEIGH — Police are sup­posed to be as vig­i­lant with seized evi­dence as they are with crim­i­nals. That’s par­tic­u­larly impor­tant when the evi­dence is drugs. But WRAL-TV5 Inves­tiga­tive Reporter Stu­art Wat­son reports that either the SBI or the Wake County Sheriff’s Depart­ment mailed two pounds of con­fis­cated mar­i­juana back to the man accused of deal­ing the drugs.

Wake County detec­tives seized what they said was two pounds of mar­i­juana from a home at 3008 Renee Court in Knight­dale on Sept. 12, 1997. Detec­tives charged 37-year-old Michael Low­ery and 37-year-old Cindy Low­ery with pos­ses­sion of mar­i­juana for resale.

A sheriff’s spokesman says the department’s evi­dence tech­ni­cian hand deliv­ered the evi­dence to the SBI lab for test­ing. The SBI’s assis­tant direc­tor says the bureau exam­ined the evi­dence and mailed it back to the sheriff’s depart­ment on Nov. 23, but the pack­age was deliv­ered to the defen­dant back in Knightdale.

Michael Low­ery, the man charged with pos­ses­sion of the drugs, declined to speak cam­era, say­ing it might jeop­ar­dize his case. But he told Wat­son off-camera that the box of evi­dence was deliv­ered to his doorstep. He says his name was printed on one side in large block let­ters. On the other side in the win­dow of an enve­lope was the name of the detec­tive. He says he burned it.

The Sheriff’s spokesman says an infor­mant told them Michael Low­ery did not destroy the drugs but resold them. Cap­tain Ken Duck­worth also says the Wake County offi­cer sent the evi­dence to the SBI lab wrapped in a plain brown paper, with an evi­dence slip inside, nei­ther of which con­tained the defen­dants name or address.

So how did the pack­age reach the Knight­dale address?

“That’s what’s caus­ing us some con­cern,” said Duck­worth. “It’s never hap­pened to us before, and in talk­ing to the SBI, it’s not hap­pened to them either. We don’t know how that could have happened.”

The SBI is refer­ring all ques­tions to the sheriff’s depart­ment, which con­tin­ues to inves­ti­gate the miss­ing evi­dence. The sheriff’s office still believes it has a case against Michael and Cindy Low­ery, but chances are, they’ll hear about the miss­ing evi­dence from the Lowery’s attorney.

* Reporter: Stu­art Wat­son
* Pho­tog­ra­pher: Lori Foushee
* Web Edi­tor: MJ Ainsley

- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -
Inter­na­tional Asso­ci­a­tion for Prop­erty and Evi­dence
“Law Enforce­ment Serv­ing the Needs of Law Enforce­ment”
www.IAPE.org


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