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Capshaw v. State9/29/2000
70.
Although many of the witnesses against Capshaw were drug users and inadvertently manifested the deleterious effects of drug use through their inability to recall specific dates, there was abundant testimony implicating him in a conspiracy to purchase methamphetamine at low California prices for profitable resale in the Casper market. Tisdale was clear, temporally and otherwise, as to the March 22, 1993, incident in which he was arrested for DUI when he went to assist Capshaw and Horn. Shortly thereafter, Draper observed Capshaw's presence during the weighing and repackaging of the product obtained on the March 22, 1993, trip. Such presence is corroborative of the underlying conspiracy. Urrutia, 924 P.2d at 969.
Moreover, the veracity of Draper's observations was confirmed when the search warrant, based upon her information, yielded quantities of methamphetamine and cash, along with the scales and repackaging materials she had described. Both Draper and McIntosh specifically described deliveries of methamphetamine made to them by Capshaw. For McIntosh, one delivery to her was a gesture of gratitude for her company on Capshaw's last buying trip to California. Draper, whose information to the police was the basis for the search warrant, found out soon after that warrant was issued that Capshaw's motives for delivery could be more sinister:
[Draper]: . . . And Gary came out of the back room. And he informed me he'd made up a syringe for me to use.
[Prosecutor]: Did you use the syringe Mr. Capshaw provided to you?
[Draper]: Yes. [Prosecutor]: Why did you use it on that occasion?
[Draper]: The topic of conversation, before he came out, when he was fixing this up, was -- there was a friend of theirs, a user of theirs, that was very paranoid. And the topic was how to tell if people are going against you. And one of the ways is if they did no longer use drugs around you, or you never seen them anymore. So I felt the pressure of -- I couldn't let them know.
Even Horn, whom Capshaw scapegoated as the "real conspirator," implicated the appellant when cross-examined by the prosecutor:
[Horn]: My general purpose for going to California was to get drugs. Nobody else --
[Prosecutor]: But did Mr. Capshaw know that?
[Horn]: I imagine he did. He was pretty gung ho about it.
[Prosecutor]: You weren't secretive about it, you let him know what your intentions were?
[Horn]: I believe I did, yes sir,
[Prosecutor]: And after you made those intentions clear, he introduced you to Mr. Tisdale, is that correct?
[Horn]: Yes sir.
[Prosecutor]: So this first time, how much methamphetamine did you get?
[Horn]: Quarter pound.
[Prosecutor]: How much did it cost?
[Horn]: $2,500.
[Prosecutor]: Who was present when you obtained it?
[Horn]: Myself and [Capshaw] and [Tisdale].
Indeed, Capshaw's strategy of maintaining that, while he was present, he was not a conspirator engendered difficulties beyond Horn's testimony. The strategy for discrediting the parade of witnesses adverse to Capshaw was to show that they had each accepted very favorable plea bargains as a quid pro quo for their testimony against him. This was made clear by defense counsel's opening statement:
And Mr. Tisdale, for coming here this week and speaking to you, ladies and gentlemen, is going to be free. By coming in here and pointing the finger at the person the state asks him to point his finger at, doesn't go to prison.
While the prosecutor makes no mention
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