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PAGE • - PLAINDEALER - WEDNESDAY, MARCH 28. 1984 Judge Brody finds man quilty of two drug charges after 1982 raid By Cliff Ward Plaindemler news service A man who disappeared for 18 months after authorities discovered 51 pounds of marijuana in a raid on the Lake in the Hills residence of his ex- wife, was found guilty Wed­ nesday of drug charges in McHenry County Circuit Court. Judge Leonard Brody found James L. Birge, 41, of Lake in the Hills, guilty on one count of felony drug possession and one count of intent to deliver. The charges stem from a 1982 police drug raid conducted at 237 In­ dian Trail, Lake in the Hills. According to testimony, on May 19, 1982, officers from the Chicago Police Department and police from Algonquin and Lake in the Hills found 51 pounds of marijuana in a locked, cabinet- type freezer in the garage of the home, which was owned by Birge's mother, Mrs. Jean Sumner, but was rented by Birge's ex-wife, Margaret. Since Birge was not present when the raid was made, the state had to prove he had knowledge of the marijuana and also immediate and exclusive control of the contraband in order to argue constructive possession of the drug. Assistant State's Attorney Gail Moreland relied on testimony from Chicago police officers and local authorities to try to prove constructive possession. Algonquin Police Lt. Steven Schinkel said he had a conversation with the defendant after his November arrest in which Birge allegedly said he was holding the marijuana for a friend. But under cross examination from defense at­ torney James Boback, Schinkel said he did not write a report of his conversation with Birge because he didnt consider it important. Moreland also produced testimony and evidence to try to tie Birge to the residence in Lake in the Hills, including an Tiiwmig driver's license and a Firearm Owners Identification card -- both listing 237 Indian Trail as Birge's address. V, The locked freezer where the marijuana was found, produced some conflicting testimony. Under questioning from Boback, Birge's 18-year-old daughter, Jeanette, said she unlocked the freezer with her mother's key only the day before the raid. However, no key was found by the officers Who conducted the raid and in the subsequent search of the premises. Moreland said Margaret Birge was scheduled to be a witness, but her whereabouts could not be determined. In announcing his decision, Brody said a combination of small items produced the guilty verdict. Birge could face up to seven years in prison for the crimes. Brody set April 27 for a sen­ tencing hearing. •££ £ II W W m m !M # (a !« !m [2 m • o w O k 5 C| SAT.. & SUN. , A ( M M I s- *i J • • B I ' X W M M W > - i 2 oc Z i •? £ iU . I u 2 2 °~ 2 o ?;! J 5 w> O 00 < > - a Q < 3 Z a >- o < "> m i/i Senior alert Attorney General Neil Hartigan has urged consumers to be alert to the ac­ tivities of a Dallas- based company, Academy Life In­ surance, which apparently has targeted senior citizens for the sale of so-called "Estate Conservation Plans." Those people who may have been treated unfairly should call the senior citizens hotline at (800) 252 - 2518. Needlepoint meeting The Fox Chapter of the American Needlepoint Guild invites the public to attend its annual d i n n e r a n d needlepoint exhibit at the John Evans Inn, in Crystal Lake, April 10. Cocktails are at 6:30 and dinner will be served at 7 p.m. All interested people are welcome. Please RSVP by April 6. For further information,, _ call Dawn Schlarb at (815) 459-4889 or Mary McGuire at (815 ) 459-7772. Gem society The Hiawatha Gem and Mineral Society will meet Tuesday, April 3, at 7:30 p.m. in the Lake Villa Town­ ship Hall, at the intersection of G r a n d A v e n u e (Route 132) and Fairfield Road. A program on field trips will be presented. Anyone interested is invited to the meeting at no charge. Refresh­ ments will be served. RENT RINSEtfVAC the professional do-it-yourself carpet cleaning system First Hour of Rental FREE SI.00 per hour..for every hour thereafter (Example 2 hours... total charge $1 plus tax.) Special Rental Rate Good Monday thru Thursdoy RINSENVAC cleans the way professionals do at a fraction of the cost. . P OVERNIGHT SPECIAL* 8:00PM - 9:00AM $10.00 H0î 4400 W. RTE. 120 McHENRY ILL.