FRANK LEWIS

PDT Staff Writer

U.S. Attorney for the Southern District, Carter M. Stewart has filed a response to a motion by Nancy and Lester “Ape” Sadler of West Portsmouth, for acquittal on several convictions handed down by a jury in U.S. District Court in Cincinnati.

The Sadlers argue that there was insufficient evidence to support the convictions in the following counts of conviction: (Count 1) Conspiracy to Distribute Controlled Substances, (Count 2) Maintaining a Drug Premises; (Count 27 Nancy alone) Wire Fraud; (Count 28 Nancy alone) Laundering of Monetary Instruments; and (Count 29) Continuing Criminal Enterprise.

“It is well settled that the test to be applied by a trial court in determining a defendant’s motion for acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure is taking the evidence and inferences most favorably to the government, if there is such evidence therefrom to conclude that a reasonable mind might fairly find guilt beyond a reasonable doubt, the issue is for the jury.” the government said. “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

Viewing the evidence in the light most favorable to the United States, a rational trier of fact could have – and did – find the essential elements of the crimes beyond a reasonable doubt,” Assistant U.S. Attorney Timothy D. Oakley said in the government’s response.

The Sadlers argue that there was insufficient evidence to support the convictions in the following counts of conviction: (Count 1) Conspiracy to Distribute Controlled Substances, (Count 2) Maintaining a Drug Premises; (Count 27 Nancy alone) Wire Fraud; (Count 28 Nancy alone) Laundering of Monetary Instruments; and (Count 29) Continuing Criminal Enterprise.

Viewing the evidence in the light most favorable to the United States, a rational trier of fact could have – and did – find the essential elements of the crimes beyond a reasonable doubt. The Sadlers argue that there was insufficient evidence to support the convictions in the following counts of conviction: (Count 1) Conspiracy to Distribute Controlled Substances, (Count 2) Maintaining a Drug Premises; (Count 27 Nancy alone) Wire Fraud ; (Count 28 Nancy alone) Laundering of Monetary Instruments; and (Count 29) Continuing Criminal Enterprise. Viewing the evidence in the light most favorable to the United States, a rational trier of fact could have – and did – find the essential elements of the crimes beyond a reasonable doubt.

In response, the government said - “The Defendants argue that no rational juror could conclude that the Sadlers’ agreed with anyone to commit the crime of unlawful distribution of controlled substances. This ignores the significant evidence presented at trial that there was, in fact, such an agreement. What is necessary to prove guilt in a conspiracy is an agreement to distribute or possess with the intent to distribute controlled substances. Contrary to the Defendants’ argument, the law does not require the government to prove an overt act in a drug conspiracy.”

Stewart said testimony also showed that the doctor (Brenda Banks) was addicted to hydrocodone and that she was supplied by Nancy Sadler and others to keep her, at times, sedated and barely able to communicate properly at the clinic.

The government went on to respond to several motions in which the Sadlers asked the court to set certain convictions aside, and finalized their response with a conclusion that agreed with one motion, but asked for denial on others -“The United States agrees that three predicate offenses necessary for the conviction were not proven. Therefore, the United States agrees that Count 29 should be dismissed.” But the U.S. Attorney’s Office went on to say - “For all of the reasons stated above, the United States respectfully requests that the defendant’s motion for judgment of acquittal under Rule 29 and a new trial under Rule 33 be denied as to Counts 1, 2, 27, and 28.

The Sadlers operated a pain clinic in Waverly at the time the indictments were handed down in 2010.

Frank Lewis may be reached at 740-353-3101, ext. 232, or at flewis@heartlandpublications.com.