Defendant claims cocaine delivered to wrong address

NEWARK - Whether a package containing a kilogram of cocaine was supposed to be delivered to a local restaurant or not became a key argument between attorneys in the trial of a local restaurant owner Tuesday.

The address of Big Mommas' House of Chicken and Fish, the restaurant owned and operated by Steven L. Smith, caused several sidebars during Smith's trial.

Smith, 45, last known address 314 N. 10th St., Newark, is charged with one count each of possession of cocaine and trafficking in cocaine. Both charges are first-degree felonies.

Assistant Licking County Prosecutor Paula Sawyers told a jury of seven men and six women in her opening statement they would hear evidence that a package was intercepted July 9 at a FedEx facility in Columbus. One juror is an alternate.

The package reportedly contained more than 1,000 grams, or more than a kilogram, of cocaine and was addressed to a Jonathan Smith at 50 N. 11th St. in Newark.

A controlled delivery was done of the package to the restaurant, which Smith owns and operates, officials said.

Smith's attorney, Ray English, told the jury the delivery was made to the wrong address. English argued in his opening statement the address of the restaurant is 50-A N. 11th St., not 50, where the package was delivered. Sawyers said the restaurant is the only business in the building.

English also argued evidence the prosecution alleges is indicative of drug trafficking had other purposes. Jeweler bags were used by Smith's daughter, who makes jewelry, and a nutritional supplement commonly used as a cocaine cutting agent is used by Smith's fiancee for treatment of a medical condition, English said.

Sawyers argued an "owe list" and a cocaine press with cocaine residue on it also were found in Smith's residence.

Eight witnesses testified Tuesday afternoon about how the package was discovered and delivered by police to Big Mommas' by an undercover officer posing as a FedEx delivery driver.

Central Ohio Drug Enforcement Task Force Lt. Paul Cortright testified about items located at Smith's home during the execution of a search warrant July 9.

Cortright said about $50,000 in cash was located in vacuum-sealed bags in a closet in the master bedroom of the home, as well as 10 cellphones located in various places throughout the residence.

Cortright testified other items reported found — including three large bottles of the nutritional supplement, a digital scale and a press commonly used to press cocaine or other narcotics — in their totality were indicative of drug trafficking.

English focused his cross examination of Cortright on the everyday uses of those items and elicited testimony that no other investigation by CODE officers was underway involving Smith.

English also told the jury there was no direct evidence of drug trafficking occurring at Smith's home.

Cortright also testified the fact that the nutritional supplements and a mortar and pestle were found under a sink with other chemicals such as bleach posed questions as to what their purpose was in the home.

The final witness called Tuesday, a Newark Division of Police officer, testified about a traffic stop conducted on Smith's vehicle. Smith left the restaurant about an hour after the package was delivered, according to testimony offered Tuesday. The officer testified the package was located in the back seat of Smith's vehicle, behind the driver's seat.

Video of the traffic stop was played in court for the jury.

Testimony is expected to continue Wednesday morning.