We recently wrote about the 45-year-old Kyle Nathan Smith who pleaded not guilty to several drug importation charges. Customs intercepted packages of MDMA with his address on the packages. Then local law enforcement found drugs in similar packaging in the man’s home. However, claiming that someone else used his computer to buy drugs worked; the judge found him not guilty. A similar case just appeared in Forchheim, a large town in northern Bavaria.
Police in Forchheim intercepted a package containing 100-grams of hashish, headed to the defendant’s home. The package came from a drug dealer in the Aachen area. Investigators caught wind of this dealer and checked his trade routes (sales channels as described by one prosecutor). They specifically watched the packages sent from the Aachen area to the upper Franconia region. There, in the town of Forchheim, the defendant claimed that an unknown person ordered the drugs to his house.
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The “great stranger” struck once more after police seized another package. The second one contained a chocolate plate of Hashish. To this offense, too, the defendant argued that he never ordered drugs from the darknet. “As a judge, I do not have to accept every abstract possibility which I regard as unlikely in favor of the accused,” Judge Silke Schneider said.
During the proceedings at the District Court of Forchheim, the prosecutor, Stefan Meyer, emphasized his belief in the defendant’s guiltiness. The state, via Meyer, charged the man with drug distribution related charges—based on the quantities that police found. He said that “the accused should admit that he ordered the drugs for his own use, then he could drop the distribution charges. Recently I had a case where someone ordered a kilogram because it was cheap.”
In the suspect’s apartment, police found “a few grams” of hashish, marijuana in dry bud form, as well as a marijuana-tobacco blend. “How is someone who does not live with you in the house pick up the package of drugs when it arrives?” Meyer asked the accused. He made no mention of the drugs police discovered in the search of his home.
“They have no evidence on my client, apart from an address label,” Marcus Fischer, the defense attorney said. The lawyer filed an appeal regarding the charges—if convicted, his client would receive a fine of 3600 euros and 90 days jail time. He mentioned that 90 days is a criminal record.
Judge Silke Schneider said that “this is exactly the problem with the Darknet—that nothing is traceable. Soon, more witnesses will be heard. We will read chat protocols.” He adjourned the session and reopened the investigation, pending new evidence.
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