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 Jury finds man not guilty in possession of over 10 grams of crack cocaine charge web posted December 2, 2009 EDGEFIELD – A jury found an accused drug dealer not guilty of trafficking in crack cocaine after a traffic stop found him in possession of over 10 grams of crack cocaine in April of 2007. Johnny Major Lott, 51, was charged with trafficking of crack cocaine, open container, speeding 46 in a 30 mph area, and driving under suspension on April 14 of 2007. The jury convicted Lott of driving under suspension and open container but refused to convict on the drug charge. After the one day trial on Tuesday, the jury deliberated for most of the afternoon and at one point returned to the courtroom to be instructed by Judge William Keesley on the difference of “actual possession” and “constructive possession” of drugs. After Judge Keesley read the jury the legal definitions he gave an example of possession using a pen. Placing the pen in his pocket Judge Keesley said having the pen in his pocket would be “actual possession” and then placed it on the edge of the bench stating although he did not have “actual possession” of the pen he was still in “constructive possession” being that he had the ability to control the use and therefore was in legal terms, in control of the item. The jury continued their deliberations, often times quite boisterously, and reached their final conclusion of not guilty on the possession of the drugs. With no felony conviction Judge Keesley had no other option than to sentence Mr. Lott to time served for the open container and driving under suspension charges. Mr. Lott was revealed to have several DUI convictions, other criminal charges, as well as at least two other distribution of crack cocaine convictions. A third conviction would have required a mandatory sentence of 25 years. Although Mr. Lott was found not guilty on this drug charge, he is currently facing two other distribution of crack cocaine charges in Lexington County. It was confusing to many how the jury could reach a decision that Mr. Lott was in “constructive” possession of an open container but was not in “constructive possession” of the drugs found in the same vehicle. © Copyright 2009
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