United States V. Russell - Background of The Case

Background of The Case

In late 1969, Joe Shapiro, an agent for the federal Bureau of Narcotics and Dangerous Drugs (later to become part of the Drug Enforcement Administration), was assigned to locate an illegal methamphetamine ("meth") production lab believed to be on Whidbey Island in Washington. His investigation led him to Richard Russell and John and Patrick Connolly, the lab's proprietors. On December 7, they met and he represented himself to them as a member of a group which wanted to control meth production and distribution in the region. He offered to supply them with phenyl-2-propanone(P2P), a necessary ingredient in meth manufacture which had become difficult to obtain, in return for half of the resulting output. He insisted beforehand on being shown the lab and given a sample of what they could produce.

John Connolly gave Shapiro from his most recent output, and Patrick Connolly said they had been able to make three pounds of meth since May of that year. Shapiro also observed an empty P2P bottle at the house. Two days later, he returned with 100 g of P2P. While he mostly watched as the trio made their meth, at one point, according to later court testimony, he and Russell helped pick up some pieces of dropped aluminum foil and put it into a flask. Patrick Connolly finished the rest of the process, and Shapiro stopped by the next morning to pick up his half of the meth. He also bought a portion of the remainder for $60.

A month later, he returned and asked Connolly if he was still interested in doing business. Connolly said yes, but that he would not be able to sell him any as he had gotten some bottles of P2P elsewhere and was busy making another batch. Three days later, Shapiro returned with a search warrant. Among other items, he seized two bottles of P2P, one an empty 500-g container, the other a partially full 100-g one (not the one he had originally given them). All three were arrested and charged with five separate violations of federal drug laws.