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$1M bail stands in meth seizure case

A Russell woman will stay behind bars on $1 million bail after a hearing Monday that provided additional details into how she was allegedly caught with over 20 pounds of crystal methamphetamine.

Maelynne L. McCall, 19, faces charges of possession with intent to deliver, possession of a controlled substance and endangering the welfare of children in connection with the March 24 raid at 5 N. Main St. in Russell.

Her council, Assistant Public Defender Francis Waweru, had filed motions for habeas corpus and bail modification on her behalf.

The habeas motion essentially required the district attorney’s office to present evidence to support both the charges and McCall’s detention.

Two officers — Agent Andreu Foriska with the Attorney General’s office and Chief County Detective Thomas Kibbey — testified in the hearing Monday before Judge Gregory Hammond.

Foriska said the execution of a search warrant on March 24 was part of a “long-term narcotics investigation” and involved two controlled buys – each for about one-half pound of methamphetamine — with a co-conspirator at McCall’s apartment.

He testified that there a “large brown (cardboard) box” with all the seams and corners taped was recovered. Inside it were two additional boxes and a plastic tub. The lion’s share of the methamphetamine was found in that tub.

Waweru asked if there was any intelligence implicating his client prior to the buys. Foriska said there was not but that the activity did transpire at her apartment.

He followed up by asking if there was any evidence that McCall was dealing.

“Just the 21 pounds of meth in her closet,” Foriska said, acknowledging there was no evidence before the controlled buys.

Kibbey testified the investigation included citizen tips as well as intelligence from New York state that led to the search warrant and seizure of 19 grams of methamphetamine in a bathroom drawer and 20.86 pounds in the defendant’s bedroom.

He explained that McCall was interviewed twice, telling investigators that the box was located on the stoop outside of her house and that she assumed it was bad because of what the co-conspirator did. He alleged that she also told investigators that the box had been there for four to five weeks before it was seized.

“She had no knowledge of what exactly was in that box,” Waweru argued, stressing that there was no evidence she knew what the co-conspirator was doing. “My client had no idea whatsoever there was 21 pounds of meth inside that residence.”

First Assistant District Attorney Cody Brown noted that McCall isn’t charged with selling drugs but with possession and child endangerment.

“Ms. McCall is not innocent,” he said, suggesting that she knew what was going on and was acting as a “stash house.”

Hammond said that it is “not a leap of faith” to infer that the contacts of the box were drugs.

“This isn’t small-time, one-off drug dealing,” he said, explaining that “case after case” supports the idea of that intent to deliver can be inferred based on the amount of drugs seized.

He said the Commonwealth met its burden and denied the habeas motion.

Discussion then shifted to bail.

Waweru said it is set at $1 million but that his client has connections to the area, no plans to travel, no addiction issues and a limited criminal record.

Further, she has “no way to afford” $1 million bail, he said.

Brown said that $1 million is an “extraordinary amount” but noted this case presents “extraordinary circumstances.”

He said he has “extreme concerns” she will flee if released and noted that this was not a “small scale” drug operation.

Hammond called it simply a “huge quantity of meth.”

He raised concerns for her children as well as for her if she were released and witnesses against the operation.

Hammond, in denying the motion, concluded that McCall has “every reason in the world to abscond” and said that the bail amount is “warranted” at this point in the case.

Starting at $3.50/week.

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