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Parker v. State10/3/2005
We glean a summary of the facts underlying the petitioner's conviction of attempt to possess cocaine with intent to deliver from this court's opinion in the petitioner's direct appeal.
The [petitioner] was employed by the City of Alcoa as an animal control officer. During early 1997, he contacted Joy Hubbard and inquired if she had animals running at large. She replied that she did not. During the conversation, the [petitioner] asked for her phone number and later made several calls to her. Ms. Hubbard eventually became suspicious that the [petitioner] was involved in illegal drug activity and contacted the Alcoa Police Department. She was told to contact them again if she obtained any additional information. On June 20, 1997, the [petitioner] called Ms. Hubbard, and she contacted the police department. She met with several police officers, and they placed a wire on her. Pursuant to the [petitioner's] instructions, Ms. Hubbard met the [petitioner] at the Rock Gardens Park where she gave him $40.00. The police officers observed and monitored this meeting.
After leaving the park, Ms. Hubbard returned home. Her exhusband and one of the police officers went into her basement. The [petitioner] then arrived at Ms. Hubbard's house. According to Ms. Hubbard and to the officer in the basement, the [petitioner] wanted an aluminum can which she did not have. The [petitioner] then left Ms. Hubbard's home. After he left, a second officer went into the basement. The [petitioner] returned to Ms. Hubbard's house with an aluminum can. He laid small rocks on the can, lit them and used the can to smoke the rocks. A forensic scientist from the T.B.I. Crime Laboratory later identified the residue on the can to be cocaine. The officers in the basement testified that they heard the [petitioner] talking to Ms. Hubbard about drugs. They also heard Ms. Hubbard ask the [petitioner] to give her her part of the drugs. Eventually, the [petitioner] left Ms. Hubbard's home.
The [petitioner] related a rather unusual story. In the way of background, he had previously worked as an informant for the Drug Task Force. He then obtained a job with the sanitation department of the City of Alcoa. While working in that capacity, he filed a lawsuit against the city. He testified that as a part of the settlement of the case, he became the animal control officer.
The [petitioner] testified that when he first met Ms. Hubbard he was on an animal control call. According to the [petitioner], Ms. Hubbard stopped him and told him she wanted to discuss a problem with him. They went to Ms. Hubbard's house, and she brought out a box of records and several cases of micro cassettes. The [petitioner] believed this was evidence of corruption in the Alcoa Police Department. The [petitioner] explained that the reason Ms. Hubbard made him aware of this information was because he had a reputation of one who was not afraid to fight city hall. The [petitioner] testified that he later talked to a city commissioner who told him that he would have to have material evidence to proceed against the police department. The [petitioner] said that it was his duty to gather evidence against corrupt policemen.
After the initial conversation, the [petitioner] said he saw Ms. Hubbard on several occasions, and she continued to express an interest in turning this information over to him. In mid-June, the [petitioner] told Ms. Hubbard that she should come up with some money so that he could take the information, make copies of it, document it and put it in chronological order. A few days later, they talked again by telephone, and Ms. Hubbard asked the [petitioner] to "front her" some dope. They then agreed to meet in the park
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