Feds fail second time to get drug conviction

Kim Smith

Friday, Feb. 4, 2000 | 10:26 a.m.

Federal prosecutors hope the third time will be the charm after jurors in the second trial of an alleged drug kingpin Thursday failed to return a verdict.

U.S. District Judge Justin Quackenbush declared a mistrial in Andre McGee's drug conspiracy case when jurors could not reach a decision on four drug-related counts after a day and a half of deliberations. Quackenbush had dismissed 14 other counts earlier in the trial because of a lack of evidence.

Assistant U.S. Attorney Walt Ayers told jurors that between 1990 and 1997 McGee bought cocaine, converted it into crack cocaine, sold it and hid the profits by purchasing $1 million worth of property and cars.

McGee was indicted on drug conspiracy, cocaine possession and money-laundering counts.

Although McGee's first trial, in December 1998, also ended in a mistrial, prosecutors vowed to re-try McGee in April.

Defense attorney Tom Pitaro said he isn't surprised.

"I wish we could have gotten an acquittal on the other four counts, but if they choose to pursue them again, we'll be there to defend him," Pitaro said.

Pitaro had argued that a number of the government's witnesses could not be trusted because they only agreed to testify after receiving immunity, cash or lenient sentences.

A Feb. 17 hearing has been scheduled to discuss McGee's custody status. He is currently being held at the Clark Center, a halfway house.