New Milford - The pool room and restaurant located near the Lackawanna station was raided by District Attorney Ferguson Monday afternoon, assisted by constables from Montrose and New Milford. Several gambling devices were procured and seized for evidence. It is said school boys and girls between the ages of 13 and 18 visited the place between school hours and on Sunday, it is alleged, and worked the slot machine and played pool for money. Prominent men are expected to appear before the court and may give testimony which will cause the people to sit up and take notice. The proprietors of the poolroom were taken before Justice of the Peace Shelp and are held under $1,000 bail to appear before the Grand Jury at Montrose. Frank Knapp and a foreigner, whose name could not be ascertained, are named as defendants.

Montrose – The big snow storm, which began on Friday afternoon, Feb. 13, at about 4 o’clock, with a fine flaky precipitation, had by Saturday morning assumed big proportions covering Montrose like a blanket, being one of the heaviest snow storms in many years. In fact, many of our older citizens aver it the deepest snow they had ever seen. The depth of the snow, carefully measured in different places, sheltered from the wind, was over 24 inches. One correspondent wrote: “That was a “pippin” of a snow storm wasn’t it? Don’t you wish you were a kid and could again enjoy a good wallow? For a time, Saturday, it seemed as though the storm would rival the severe blizzard of 1888. At that time railroad communication was cut off for days, but in Saturday’s storm the trains were delayed but a few hours. The country roads were well filled and dairymen bringing milk to the creameries found the only wise way to draw milk was by “double teaming” it. The snow is light, but an absence of high wind kept it from drifting as it otherwise might. Also The Montrose Chapter Daughters of the American Revolution will meet at the home of Mrs. Clara Gardner Miller, Feb. 23d. As has been the custom of the chapter since its organization, a special program will be given appropriate to Washington’s birthday.

Hop Bottom – Alvah Green, a humorous entertainer, will appear here on Thursday evening, March 5th. This is the third number of the entertainment course being conducted by the ladies of the Shakespeare Club. Also What might have been a serious catastrophe one day last week was averted by the prompt action of Mrs. E. M. Loomis, when a lighted oil stove was accidently overturned in the room occupied by her mother, Mrs. Esther Tiffany, a lady past 80 years of age. Mrs. Loomis promptly seized the stove and threw it out of doors just in time to save a serious conflagration. Fortunately, Mrs. Loomis received only slight burns about the hands and face.

Clifford – Jasper Gardner, an aged Civil War veteran, passed away early Tuesday morning after a prolonged illness. He is survived by his widow and five daughters. During the Civil War he served as a member of the 56th Penna. Volunteers and was severely wounded at Chancellorsville. He was a member of Clifford Post G. A. R. The funeral was held at his home. He lacked a week of being 77 years of age. Also we have been treated to the heaviest snow storm of the season, the snow drifting very badly in some localities.

Jackson – Frank Leonard installed an acetylene lighting plant for S. S. Coddington last week.

Lawsville – It took the Montrose and Conklin stage two days to make the trip Saturday and Sunday, owing to the drifted condition of the roads. The storm stopped all travel on the roads, Saturday, and the milk teams and U. S. Mail rigs could not get out, the snow being so deep and the day so bad.

Dimock – S. W. Bunnell, driver of the Rush stage, was unable to make his trip Saturday on account of the snow drifts. He came through Monday, walking part of the way.

Forest City – It is believed that St. Joseph’s Catholic church will have to be abandoned as a place of worship owing to the settling of the surface. Last week settlings became noticeable, and on Saturday night considerable damage was wrought to the interior of the edifice and it is feared the entire structure will be demolished. Fissures a half foot in width can be seen in the street in front of the church and the damage has also extended to the adjoining property.

Rush – The Rush orchestra, consisting of 16 pieces, was organized Jan. 6. The following officers were elected: Earl E. McCain, manager; Byron Gary, ass’t; Mary E. Hickok, sec’y; Maud McCain, treasurer; Prof. J. W. Werner, musical director. The members are making rapid progress and we welcome this musical innovation as a creditable addition to our progressive town. ALSO Mrs. Kirby Bunnell and Mrs. Abbie LaRue will serve the Ladies’ Aid dinner in the parlors of the M. E. church on Thursday, March 12.

Harford – The Women’s Christian Temperance Union met with Mrs. C. J. Tiffany on Thursday. Subjects: Would it be better for women to vote, and what shall we do to earn a little money for the temperance cause.

West Auburn – Who says we would not have an old-fashioned winter? Snow two feet deep and zero weather so common as to excite but little comment.

Herrick Center – The annual school drama under the auspices of the senior class was given at the high school auditorium last Friday. The drama was “Tanglefoot vs. Peruna,” a court scene under the reign of woman suffrage. The parts were well sustained, those of the judge by Miss Olive Price, and an old fogy lawyer, by Gaylord Reynolds, being especially worthy of mention. The receipts were $53.45.

Meshoppen – Conductor W. W. Woodward heads the list of conductors of the Lehigh Valley railroad as having been the longest in service of the company. He entered the service as trainman in December, 1868, and was promoted to passenger conductor on April 1, 1878, and is still serving in that capacity. The next on the list is L. H. Woodward, a brother of W. W. Woodward.

Susquehanna – The hospital will hold a comic opera, “A Trip to the Moon,” Feb. 19, 20 and 21, for the benefit of the Simon Barnes hospital.

What happens to evidence after a criminal case has concluded?  Most people probably never really think about that question.  I do not recall ever really considering it until I became a prosecutor and the police would call to see if they could get rid of the evidence in a particular case after its resolution as well as victims calling rightly wanting their property returned.  Fortunately, computers and digital cameras have made some evidence preservation easier than in previous generations – massive amounts of digital data can be stored on hard drives.  Evidence can be preserved to some degree through the use of the newer technology.  This allows the police to clean out their evidence rooms a little more regularly as well as assisting victims in getting back their property a lot faster.

On the other hand, there is physical evidence that simply cannot be preserved “digitally.”  What happens to that evidence?  Such things as weapons and drugs provide hard questions for police and prosecutors as to the timeframe for disposal and destruction.  A friend provided me with a newspaper article from a Florida paper that highlighted this conundrum. 

On November 18, 1993, charges were filed against Kenold Antione in Volusia County, Florida, in connection with felony drug offense relating to the distribution of cocaine.  The cocaine was found in a bag in Antione’s motor vehicle by a deputy sheriff during a traffic stop – and Antione fled the scene as the deputy sheriff was searching the motor vehicle.  As a result of some pre-trial rulings, the case languished in the system for a period of time until finally getting to the trial stage in February 1996 – and Antione did not show up.  A warrant was issued for his arrest.

On March 22, 2013, Antione was apprehended in an unrelated traffic case – but he was using an alias so his identify was still not immediately known.  Eventually he was identified as Kenold Antione – the same individual who had failed to appear for trial 17 years earlier.  You probably have guessed the problem at this point – the evidence was long gone having been destroyed in a routine evidence room clean out. 

How could this happen on an open case?  The evidence was also used to prosecute the co-defendant who had been in the motor vehicle with Antione and fled with him.  After the co-defendant had been convicted and served out his sentence, the Clerk of Court did not see any reason to keep the evidence on a closed out case.  Although a notice was sent to the prosecutor’s office, the notice referenced the co-defendant’s case and no one made the connection between the co-defendant’s case and Antione’s ancient pending case and outstanding warrant.  And that failed connection resulted in the destruction of the evidence.

The defense moved to dismiss the charges based upon the defendant’s inability to review the evidence that the State was going to present against him.  In other words, he could not get his own laboratory to test the substance to determine that it was cocaine.  The defense also noted that the prosecution no longer had any evidence to produce at trial to demonstrate that Antione was engaged in drug trafficking.  The argument was akin to the Wendy’s commercial: “Where’s the beef?”  Well, the beef was gone.

The media reports never followed up on Antione’s case – but I suspect that the charges were dismissed or the prosecution simply withdrew them.  The article indicated that Antione was a Haitian immigrant facing deportation so the prosecution might have simply handed him over to the federal government.  The case provides an interesting example of the evidence retention question – and how sometimes stuff just happens.

On a broader level, we maintain evidence not only through the trial itself, but past the appellate stage and the post-conviction stage (both state and federal).  If the evidence was admitted, the Court has to make a determination as to what to do with the evidence.  If the evidence was not admitted, then the police and prosecutor have to make the decision what to do with the evidence.  If the case has never gone to trial and it is still open, then the evidence needs to be preserved – even if the defendant is on the run and cannot be located.  In those circumstances, the only way the evidence would be destroyed would be if the case was withdrawn or dismissed based upon timeliness issues.