Fred Gardner: The People vs. Christopher James Chakos

Back in December, 2004, Chakos, a phlebotomist in his late twenties, was stopped while driving home from the lab where he worked in Santa Margarita. He permitted Orange County Deputy Sheriff Christopher Cormier to search his car. In Chakos's backpack Cormier found seven grams of marijuana, a letter from Robert Sullivan, MD, confirming that Chakos used cannabis for medical purposes, and $781 in cash. There followed a search of the apartment that Chakos shared with his mother and half-brother, and which had a videocamera trained on the front door. Chakos led Cormier to his bedroom closet, where he kept a glass jar with 25 grams of marijuana, ziplock bags with 90 and 42 grams respectively, a digital scale, and 99 baggies.

The Orange County District Attorney charged Chakos with possession for sale. Chakos was convicted by a jury solely on the testimony of Deputy Cormier, who appeared both as a percipient witness (to Chakos possessing marijuana) and as an expert (who could deduce from "the totality of the circumstances" that Chakos was dealing).

Read More