Judge frees mom accused in sons' drug ring
A federal judge Friday reversed the jury's conviction of a Rochester woman accused of participation with her sons in a violent drug-trafficking operation.
That ruling will free Janine Plaza-Pierce, who has been jailed since her arrest five years ago.
A jury Thursday convicted Plaza-Pierce of a drug-trafficking conspiracy, but U.S. District Judge Frank Geraci Jr. ruled Friday that the conviction was legally illogical and could not stand.
After six weeks of testimony and a week of deliberations, the federal jury on Thursday convicted Plaza-Pierce's sons — Pablo "Paul" Plaza and James Kendrick — of spearheading a drug network that operated for nearly two decades.
The jury also convicted Kendrick of the murders of Ryan Cooper and Francisco Santos. Plaza was also convicted of the Santos killing.
Guilty verdicts in murder, drug trafficking trial
Plaza-Pierce was also accused of a role in the Santos murder; she was acquitted of that charge. The jury, however, said it had found her guilty of a role in the drug conspiracy that peddled cocaine, crack cocaine, heroin and marijuana.
However, the jury was also asked as part of its verdict to state whether prosecutors had proved that the defendants trafficked each of the illegal drugs. These questions, coupled with questions about the amounts of drugs a jury believes a defendant trafficked, are used for sentencing if there is a conviction.
While saying that the allegations were proved against the two brothers, the jury announced that prosecutors did not prove that Plaza-Pierce had trafficked heroin, cocaine, crack cocaine or marijuana.
That unsurprisingly gave birth to the question: How could the jury determine Plaza-Pierce participated in the drug trafficking conspiracy while not being involved with any of the illegal substances the drug dealers sold?
The verdict, Geraci decided, was inconsistent, and he ordered a hearing, which was held Friday.
Assistant U.S. Attorney Andy Rodriguez maintained at the hearing that the jury's guilty verdict should stand. "This is a complex issue," he said, asking for more time to research. "It's not an altogether clear issue."
Cheryl Meyers Buth, the attorney for Plaza-Pierce, opposed holding additional hearings on the verdict.
"The jury found Ms. Plaza-Pierce did not commit any underlying federal crime that was the object of the conspiracy," she noted in a court filing, asking that the judge acquit Plaza-Pierce.
Geraci decided that the jury's guilty verdict could not be reconciled with its answers to the specific questions about the drug conspiracy. He acquitted her and ordered her freed.
Kendrick and Plaza-Pierce face up to life in prison, and are scheduled to be sentenced Nov. 4.