NorthwestMarch 21, 2013

KELCIE MOSELEY of the Tribune

A so-called "merchant of meth" was found guilty of two counts of delivery of methamphetamine and one count of trafficking in meth Wednesday, despite the fact that he was not present to hear the jury's verdict.

Brian N. Pratt did not appear for his trial Tuesday, one day after it began. He also did not appear on Wednesday. His $100,000 bond was revoked, and a bench warrant was issued for his arrest Tuesday, but Pratt has not yet been located.

Pratt's defense attorney, Gregory Hurn, submitted a motion to delay proceedings because the witnesses subpoenaed to testify on Pratt's behalf did not show up for court. That motion was denied by District Judge Jeff M. Brudie, who presided over the trial. A follow-up motion for a mistrial was also denied.

"I've never had a defendant not show up in the midst of a trial," Brudie said.

The three felony charges against Pratt, 40 at the time he was charged, were filed in September after Lewiston police detective Brett Dammon and former detective Tom Sparks used a confidential informant to set up controlled buys from Pratt.

The two detectives and Terry Spray, who said he acted as the informant in exchange for lenience on his own delivery of meth charge, testified Monday.

Dammon said the first controlled buy took place Sept. 4, and the second occurred two days later.

Detectives confirmed Pratt was renting a shop on Cedar Avenue where they suspected he was trafficking the drugs. They also identified him as the owner of a blue Chevrolet truck that was used to deliver the meth on the second buy, according to testimony. When a search warrant was issued for the shop, Dammon said investigators discovered about 410 grams - nearly 1 pound - of meth in a coat pocket. The narcotics were found wrapped in several layers of plastic wrap and latex gloves.

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The bags of meth were presented in court Monday, in addition to a digital scale, small baggies, packaging materials and other paraphernalia allegedly found in the shop.

Though Pratt was not present for Tuesday's proceedings, Brudie said the trial is required to continue after a jury is sworn in, regardless of whether or not the defendant is there. On Tuesday, the jury heard clips from a body wire recording when Spray initially made contact with Pratt to set up the buy, but audio was not available for the actual exchange because the equipment failed to record, according to testimony.

After closing arguments Wednesday, the jury deliberated for about an hour and 15 minutes before coming back with guilty verdicts for all three counts.

Sandra Dickerson, Nez Perce County chief deputy prosecutor, withdrew a persistent violator enhancement against Pratt after the verdict. Sentencing will occur before Brudie once Pratt is located. He faces a maximum sentence of life in prison and a $100,000 fine for trafficking in methamphetamine, as well as a maximum of life imprisonment sentences for delivery of a controlled substance.

Hurn said he will have to establish contact with his client before determining if they will appeal the decision.

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Moseley may be contacted at kmoseley@lmtribune.com or (208) 848-2270.

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