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State v. Henry9/29/2004
ing the tablets, Agent Freeze concluded that the tablets contained Alprazolam, a Schedule IV controlled substance. Agent Freeze made a written report and sent it back to the Kingsport Police.
Officer David Johnson is an officer with the Kingsport Police Department. He heard a call on April 12, 2002 from Officers Quillen and Lane that they were in a foot pursuit. Officer Quillen radioed that he had the suspect in custody. Officer Johnson arrived on the scene. The officers patted down the defendant for weapons. Officer Johnson put the defendant in his police cruiser and drove the defendant back up to the apartments. While Officers Quillen and Lane searched for evidence, Officer Johnson stayed with the defendant in the police cruiser. Officer Johnson noticed the defendant bobbing his head like he was trying to reach something with his mouth. Officer Johnson asked the defendant what he was doing. The defendant told the officer he was trying to "reach that pill." Officer Johnson got out his flashlight and found a pill sitting on the defendant's shirt. Officer Johnson did not know how the pill had gotten there. The defendant would not tell Officer Johnson where he had originally obtained the pill but said he dropped them. The officer later found another pill on the floorboard. Officer Johnson also noticed that the defendant was attempting to talk while keeping something concealed under his tongue. Officer Johnson found a necklace in the defendant's mouth partly under his tongue and partly in his cheek. Officer Johnson gave both of the pills and the necklace to Officer Quillen.
The defendant also presented proof at trial. The first witness was his mother, Betty May Frieden. Ms. Frieden testified that the victim told her that she wished she had not pressed charges against the defendant. According to Ms. Frieden, the victim told her that she had messed up and was trying to get back at the defendant for an incident that happened a while ago. The defendant's mother said that the victim and the defendant have had several domestic problems because of the victim's mother and brother. The victim also told the defendant's mother that she went to see the defendant with "some boys" who had brought bats or sticks with them. However, they left when they saw the defendant because one of them knew the defendant. According to the story told to the defendant's mother, after the boys left, the victim began to beat the defendant with her purse, and the defendant grabbed the purse and threw it. On cross-examination, Ms. Frieden stated that the boys had been hiding in the bushes and she did not know if the defendant had seen the boys. Ms. Frieden stated that the victim told her this shortly after the incident. However, Ms. Frieden had not told anyone, including the police or the district attorney, this information prior to trial. Ms. Friend testified that the earlier incident which caused the victim to press the charges against the defendant involved the victim's brother. Apparently, the defendant took a package sent to the victim by her brother to the drug task force. In effect, the defendant turned in the victim's brother for drugs while the defendant was working as an informant. The defendant's mother also stated that the defendant and the victim both fight. The victim takes out orders of protection but always comes back to the defendant. In fact, when the victim was out on furlough she stayed with the defendant, who was living with Ms. Frieden at the time.
Shandra Wolfe, a witness to the incident, also testified for the defendant. She testified that she lives at Dogwood Terrace Apartments and saw the victim the night of April 12, 2002. She saw three young boys and the victim outside of an apartment in the comp
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