Judge denies bail request despite lawyer's argument
CHICORA — A defense attorney for a Center Township man accused of dealing drugs asked a district judge to reduce his client's bail, arguing that a $250,000 bond could only be afforded by the wealthy and is a “form of punishment that flips the innocent until proven guilty concept on its head.”
District Judge Lewis Stoughton denied reducing 40-year-old Clifford J. Anderson's bail during a preliminary hearing Tuesday.
The decision, according to the man's lawyer, ensures Anderson will continue to stay in the Butler County Prison as he awaits trial on charges of two felony counts of possession with intent to deliver a controlled substance along with misdemeanor charges of possession of a controlled substance and drug paraphernalia and possession of a prohibited offensive weapon. Anderson pleaded not guilty.
Anderson's lawyer, Ken Haber, also asked Stoughton during the hearing to drop all charges against Anderson, claiming a lack of evidence.
Haber argued that Anderson wasn't a resident of the house where the Butler County Drug Task Force, assisted by the county's emergency services unit, found suspected crack, heroin, cocaine and marijuana on Aug. 19. The house, which is along Route 8 near the Clearview Mall, was unoccupied when authorities executed a search warrant and there was no evidence — like mail or a lease — that suggested Anderson rented or owned the home, he said.
But Assistant District Attorney Terri Schultz, prosecuting the case, noted that authorities had surveilled the house leading up to the search and observed Anderson entering and leaving multiple times.
Butler Township Detective Max Wittlinger, who testified Tuesday, said that the owner of the home told authorities that Anderson indeed rented the apartment.
Among the items police say they found in the home were six scales, leading prosecutors to charge Anderson with the drug dealing charges.
But Haber noted that police also found a smoking pipe with marijuana residue inside and that these drugs could have been used for personal use by sprinkling cocaine on the marijuana. Haber also noted that a razer blade found in the residence could have been used to cut lines for personal use.
He said that if Anderson was a drug dealer, police would have found large amounts of cash, but they did not. Officers also found a large knife with metal knuckles in the living room, documents said.
After police searched the home, they issued an arrest warrant for Anderson and he was apprehended by U.S. marshals Sept. 30 on Millstream Lane in Jackson Township. He arrested without incident, according county Detective Tim Fennell, who leads the task force.
“They saw him come and go from the residence. Clearly testimony shows Anderson was there one time,” Haber said. “Best conclusion is, he many have been a visitor. “There's nothing at all that indicates Anderson lived there.”
But Schultz argued that they had met their burden of proof and that Anderson was a drug dealer.
Stoughton held the charges for the Common Pleas Court, where he said Anderson could once again ask for a reduction in bail.
Schultz also argued against reducing Anderson's bail, citing his previous criminal record in unrelated cases.
“He has a history of always showing up for court and that's what important,” Haber responded.
