Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 7, 1995 TAG: 9507280114
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE: LENGTH: Medium
Assistant U.S. Attorney Joe Mott argued that there is $200,000 in a bank account in the Bahamas that could fund a getaway by Victor and Dayna Layman. And, he said, Joe "Jay" Smith III is adept at creating aliases.
But the suspects have known about the investigation since the first arrests and search warrants were executed last December, and their attorneys argued they were unlikely to flee.
"I've known about this for seven months," said Russell R. Coles. "I'm not a flight risk. I've got a job in Danville - I'm a teacher. I have a daughter in Danville."
Ten people were charged with being part of a drug conspiracy in an indictment by a federal grand jury two weeks ago. Some of them face additional charges. The indictment was sealed until Thursday, as seven of the defendants appeared in court to have bond set.
Victor Layman, a real estate broker, is accused of leading a conspiracy and with supplying 10 pounds of marijuana a month to Robert Selman of Bedford, and to others. Selman was arrested last December, along with Layman and Majid Khoshghad. The charges against them in state courts will not be pursued now that federal charges have been brought.
Khoshghad, whose attorney said is "prepared to be truthful," was not arrested with the other defendants. He is to make his initial court appearance Monday. Julia Cheryl Halls Fender and her husband, George, who now live in Maine, also will be allowed to report on their own. All three are alleged to have grown marijuana in the basements of "grow houses" to supply the operation.
The attorneys for defendants in court Thursday were upset that authorities began arresting their clients Wednesday evening without notifying the attorneys and allowing the defendants to turn themselves in. Several had to spend the night in jail before their court appearance.
Victor Layman's attorney, Tony Anderson, said the arrests went against a long-standing unofficial courtesy between defense attorneys and the government.
"It's just more of their meanness - that's all that's going on here," said Jonathan Rogers, who represents Smith.
Mott said the government was concerned that the defendants, facing the reality of potentially hefty jail time, might flee.
Mott argued unsuccessfully to keep Smith from being released on bond. Detective H.W. Ewers, a Roanoke County officer assigned to the federal Drug Enforcement Administration task force, testified that Smith had an encoded computer file called "AKA file" that listed aliases. He also had a post office box in another name and used different names on utility bills.
Smith also would not tell a probation officer what he does for a living, and he had assets "far above legitimate enterprises," Mott said.
"We haven't been able to find [his assets], because he's a very clever man at disguising assets," Mott said.
But U.S. Magistrate Glen Conrad released Smith on $75,000 bond - the highest of all the defendants - and ordered him to be at home between 7 p.m. and 8 a.m. All the defendants must surrender their passports.
The government plans to seize seven houses it claims were used to grow high-quality marijuana in the sophisticated operation, as well as a computer system, cash and a vehicle.
And, Mott said, "We're not convinced we found all of the assets."
Also released on bond Thursday were Dayna Layman, who is married to Victor Layman; Robert G. Christenson; and Darrell D. Gordon.
by CNB