Yolo County Jury Acquits Woman of Drug Charges

The incident began on November 4, 2009 when officers made an 11 pm traffic stop.  The car was pulled over for turning on the left turn blinker while stopped at a red light, when the law requires one to do so 100 feet or more before the intersection.

The bag of marijuana weighed 19 grams or about 2/3 of an ounce.  The vehicle was searched and a backpack was located under Ms. Olivares’ passenger seat, which contained $1950 in cash.

During the search, the defendant’s cell phone received a text message requesting “some sh-t to sober up.”  Officers believed this was a request for drugs.  Ms. Olivares was arrested for a misdemeanor transportation of less than one ounce of marijuana.

During a subsequent search at the Woodland Police Department, an additional $2300 in cash was found in the defendant’s bra.

The codefendant in this case, Isidro Olivares, gave consent to search his residence.  During the search of the codefendant’s residence, officers located 69.84 grams (almost three ounces) of methamphetamine, 25.02 grams (almost one ounce) of heroin, a digital scale and packaging material.

Despite the similarities in their last name, the codefendants were not related or married.  According to Defense Attorney Jeff Raven, Ms. Olivares was only guilty of being friends with and staying with a drug dealer.  She did not have a key to the residence.  And the meth was found in a high drawer between two pairs of men’s pants.

Mr. Olivares pled no contest to both the heroin and meth charges.  Mr. Olivares is a citizen of Mexico and was deported there.  Ms. Olivares is a US citizen.

Critical to the case was the admissibility of a text message that Officer Lara read prior to making the arrest.  The text message was the only piece of direct evidence that tied Ms. Olivares to the drugs – and even that was only tying it to the marijuana, not the meth or heroin found at the residence.

The text message from “Flaco” said, “Are you going to come if not, then I’m going to drink until I get hella [f-word] drunk until I can’t [f-word] walk. I need some [f-word] sh-t to sober up and I am going to go [f-word] hang my [f-word] self to death so please come by and sell me some, peaches, or I am going to buy some more drinks, are called, four loko 12.0% of alcohol, so when u get here call me please so I could unlock the door.”

The defense sought to exclude the statement for lack of foundation and on the grounds that the statement is hearsay.

Deputy DA Michael Vroman argued that a request is by definition not hearsay.  Moreover, it was circumstantial evidence of drug-related activity. 

Flaco is apparently Ms. Olivares’ brother, however, the defense countered that Flaco is a common Hispanic nickname.

However, the evidence turned on the fact that there were two phones in the car and neither the prosecution nor the police bothered to check with the phone company to determine whose phone it was.  Judge Fall thus ruled that the expert witness cannot consider the contents of the text message and that the Officer could not testify about the text message.

Deputy DA Vroman argued that the transportation of marijuana for sale was a slam dunk.  In terms of the remaining charges, the possession for sale of heroin and meth should be based on the fact that she possessed it, she knew of its presence, she knew what it was and she intended to sell it.

He argued she can be guilty in three different ways, either as the perpetrator, as an aider and abettor or as part of conspiracy – and the natural and probable consequence of conspiracy to sell is possession.

He argued that while Isidro Olivares had keys to the apartment, Maria Olivares had moved in, she had gotten comfortable.  Her mail and prescription medications were in the kitchen.

He further argued that you could not open a drawer in the kitchen without finding meth.

Moreover, there was no evidence that either of them had a job, yet paperwork shows that she grossed $320 in October.  That, Mr. Vroman argued, has to be drug money.

Mr. Raven argued that while Ms. Olivares may be morally culpable and guilty of bad judgment, a bad choice of friends and staying at a drug dealers house, that does not mean she was a drug dealer.

She had not stayed at the apartment very long.  She had not even unpacked.  The DA cannot prove that she had been there longer than a day.

Did she know that there were drugs?  Probably.  Did she know Mr. Olivares was a drug dealer?  Probably.  Is that itself a crime?  Absolutely not.

Did she know there was a large amount of meth high up in a closet? Probably not.

There was no contraband found in her bag. 

Did she know heroin was in the crisper drawer in the fridge? Maybe, maybe not.

Weak circumstantial evidence is dangerous, Mr. Raven argued, it results in people getting convicted of crimes they didn’t commit.

Ms. Olivares was not a perpetrator, she didn’t even have a key.

Agent Rogelio Orozco, the Yolo DA Investigator for YONET (Yolo County Narcotics Enforcement Team) had testified that drug dealers package things the same and that it is common for people to team up to sell where one person has the cash and the other has the drugs. 

He testified that this is to prevent loss during robbery, or in case of interactions with the police or tandem drug sales.

Jeff Raven countered in closing that there was no evidence that the backpack was hers and that the jury cannot accept that as fact merely because it was on her side of the car. 

He argued that Agent Orozco tries to take a scenario and pigeonhole it into a case like this where it doesn’t fit.  “When you overreach, you undermine your credibility,” Mr. Raven told the jury.

In his rebuttal, Mr. Vroman argued that it did not matter who played the biggest role as long as she played a role in facilitating.

Moreover, he argued it does not matter how long she lived there. 

“She has made herself at home, she has put down boots,” he argued referring to boots photographed in the closet.

However, the jury did not buy it.  They did not even convict her of trafficking the marijuana.

—David M. Greenwald reporting