- United States
In June 1987, the Portland Police Bureau began investigating
cocaine trafficking in the near north and northeast areas of the
City of Portland, Oregon.
Acting upon information supplied by a confidential informant,
the police paid special heed to four individuals, Bradford
Lockett, Herbert Lockett, Keith Horsley, and Marcella Manning.
Portland police officers began to monitor the activities of
Bradford Lockett ("Lockett") and Manning, observing Lockett's
activities approximately ten to twenty hours per week from
October 1987 until his arrest on February 6, 1988.
Search Warrant and Entering
Numerous members of the Portland Police Bureau served a search
warrant at the Thompson Street residence.
Officer Jacobelli knocked on the door and announced that he was
a police officer and that he had a search warrant.
After four to five seconds elapsed without a response, the
officers pried open the door and entered.
Discovered cocaine, baggies, paging device
Inside, they encountered Lockett, Marcella Manning, and Carla
They also discovered approximately 1,800 grams of cocaine, most
of it found either in a bedroom, in a plastic bag resting on the
television set, or lying on a large plate on the coffee table in
the living room.
Some of the cocaine was contained in 80 small baggies, resting
on or alongside the coffee table.
Also found in the living room was a cooking pot and seven
The room resembled, according to Officer Brumfield, a
cocaine-packaging assembly line.
leather jacket belonging to Lockett was found in a closet.
paging device was discovered on Lockett
Locket was convicted
Four counts: conspiracy to possess cocaine with intent to
distribute, conspiracy to distribute cocaine, distribution of
500 grams or more of cocaine, and possession of 500 grams or
more of cocaine with intent to distribute..
Lockett contends - Officer was opining as to guilt
The district court erred in allowing Portland Police Officer
Derrick Foxworth to testify, as an expert,
that only persons intimately
involved with a cocaine packaging operation are usually allowed
at the packaging site.
Lockett does not dispute Foxworth's status as expert witness
under Rule 704.
By so testifying, Lockett argues, Foxworth was opining as to
- Cannot give a direct opinion as to guilt
witness is not permitted to give a direct opinion about the
defendant's guilt or innocence.
- Expert can testify regarding the ultimate issue to be resolved
With this caveat, however, an expert may otherwise testify
regarding even an ultimate issue to be resolved by the trier of
Foxworth's testimony falls in the
latter classification rather than the former.
Foxworth merely described a typical cocaine packaging operation.
- Jury can determine if there was a cocaine packaging operation
The jury was left to determine, on its own, whether there was a
cocaine distribution operation in the present case, and whether
Lockett's presence was an exception to the general practice of
cocaine packaging operations.
Foxworth's testimony did not invade the province of the jury