Drug case dismissed! "One doesn't need a botany degree. There are people on the street that can identify psilocybin mushrooms."

 

On November 30, I did a post on Ray Madrone assault case with co-defendant, Carlos Ariel MartinezGutierrez. Both were held to answer.

Madrone had another 2023 case for posession of alprazolam and cocaine. EPD Detective Donald Bailey testified for the People at the preliminary hearing. Retired Judge Christopher Wilson issued his ruling on 12/1. 

Det. Bailey's name most recently appeared as the EPD contact in the Matthew Williams OIS shooting.I don't know Det. Bailey because he is one of the newer additions to EPD. Humboldt is not Kentucky, Det. Bailey. This is what happens when you cannot retain experienced, decent officers and have to settle. Gone are the days where we had the caliber of Det. Ron Harpham. 

Judge Wilson's excoriated the officer and the DA's office. His remarks will give you insight into what it takes to convict someone of drug trafficking. This case couldn't even make it past probable cause and as judges say all the the time, the burden of proof is low at a preliminary hearing.

"There are a number of evidentiary issues," said Judge Wilson. "This is an investigation into alleged drug trafficking. Is there evidence of sales?"

Judge Wilson referred to the testimony at preliminary hearing. The evidence as to drug trafficking by Madrone presented at the preliminary hearing was "the quantity of packages and p.o. records, cell phones and text messages associated with drug trafficking; specifically to Xanax."

"The testifying officer is not the one who tested the substance, so I cannot hold Mr. Madrone to answer to that."

"One doesn't need a botany degree. There are people on the street that can identify psilocybin mushrooms."

Judge Wilson said "the witness was fuzzy about identifying despite having experience so no holding order.

Regarding the cocaine and alprazolam, same remarks about testifying officer being the one who did not test the substance.

"Were there anomalies in testing? Over objection I allowed Mr. Harris to question then ultimately sustained Ms. O'Connell's objection about foundational issues."

Judge Wilson referred to the many years of experience of the detrctive and said there wasn't probable cause that it was cocaine. "Mr. Madrone is being discharged as to this complaint. I believe he is held on another case." Judge Wilson told Madrone the People can refile.

Deputy District Ian Harris just stood there. Conflict Counsel Supervising Attorney Meagan O'Connell did not have to say anything.

This is why I don't print every press release on a drug bust. HCDTF's Matt Tomlin and others shoddy work allowed the plea and local attorney Michael Acosta and his partner Sarah Carroll to walk off with a deal. 

While this case was dismissed and Madrone ordered released, he has the other assault case and right after Judge Wilson's ruling, the DA refiled charges. The refiled case has 3 counts and a special allegation. Why is the DA wasting resources on this case? Madrone already has another case, resolve both with a plea. The investigation has issues; they won't disappear. Focus on murderers, rapists and child molestors.

For years HCDTF, the DA's office and HCSO rack up their stats on drug cases, going after easy, sloppy convictions and the officers causing this resign, transfer because good ole Humboldt never addresses the root issue. Ultimately, the truth comes out. Going after people who can't fight back because they don't have the money or resources is corrupt Humboldt in every area; not just the criminal justice system. That is why the bullies, the evil, the good ole boys and gals do not want this blog or anyone else around who challenges their incompetence, injustice while they continue to profit.

Madrone looks nothing like his booking photo. He has a beard and wore his hair in a pony tail in court. 

Drug case that was dismissed:

Complaint for this was in previous post.

Drug case that was refiled:

Madrone was arraigned on this case on 12/1. Bail was set at $25,000. Madrone is represented by Conflict Counsel. Preliminary hearing in this case is scheduled for 12/11.

12/11: Preliminary hearing continued to by defense; still haven't received video footage.

12/13: The preliminary hearing was continued to 12/20. Madrone was held to answer on all charges. Instead of Mr. Harris; Deputy District Attorney Trent Timm was the prosecutor for the preliminary hearing. Arraignment on information is 1/4/24.

12/13 court minutes:

12/20 court minutes:

1/4: Madrone arraigned on information in the drug case. 1/23 pre trial; 2/5 pre trial; 2/13 trial confirmation and 2/20 jury trial.

1/23: DA's motion to consolidate drug case with assault case granted by Judge Kaleb Cockrum over defense's objection.  Madrone has a co-defendant in the assault case. Defense not ready for trial. 2/13 and 2/20 dates vacated in drug case. Trial assignment on 2/2.

2/2: Defense continuance granted. 2/5 date vacated. Trial assignment on 3/15; jury trial 3/18.

Previous posts:

https://johnchiv.blogspot.com/2023/11/ray-madrone-held-to-answer-for-assault.html?m=1

 https://johnchiv.blogspot.com/2023/09/epd-arrests-ray-madrone-on-ramey.html?m=1