On Jan. 6, Wayne County Circuit Court Judge Ulysses Boykin adjourned the final conference set for that day to Feb. 3 after the Wayne County Prosecutor’s Office came up with 600 pages more of evidence against Nelson Po of Sumpter Township.
The extra time will give defense lawyers, Ronald and Scott Ruark, time to study the additional evidence.
The jury trial requested by Po is now set for Feb. 23 and 24.
Po is charged with one felony count of delivering / manufacturing 5-45 kilograms of marijuana on Aug. 16 at his home at 45025 Harris Road.
If found guilty of the charge, Po could be imprisoned for 7 years and/or pay a fine of $500,000.
Defense attorney Scott Ruark drafted a motion that was to be presented Jan. 6 to dismiss the charge against Nelson Po based upon entrapment. He will now present and argue his motion to dismiss on Feb. 3.
Ruark will argue that the Deferred Prosecution Agreement, signed by Sumpter Township and Po on Nov. 3, 2015, is an illegal drug deal – 200 pounds of marijuana for $40,000 – and that Sumpter Township used it to entrap Nelson Po into breaking the law.
Sumpter Township Police already have confiscated about $1 million worth of possessions owned by Po and his wife Clarita.
Clarita Po is suing Sumpter Township Police Detective John Toth in a civil case before Wayne County Circuit Court Judge Robert J. Colombo.
She sued the township, its supervisor, and Det. Toth following the raid in August on her home and her husband’s marijuana grow house. She was jailed and then released without any charges filed against her.
Sumpter Township and Supervisor John Morgan were withdrawn from the case due to governmental immunity. Det. Toth is the only defendant left in that case. Discovery in that case runs until April 14.
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