BERKSHIRE EAGLE- March 16, 2010

PITTSFIELD >> A New York state man who was facing a potential 10-year prison sentence was recently acquitted of a felony drug charge in Berkshire Superior Court. After a two-day trial that concluded late last month, a Superior Court jury failed to reach a unanimous verdict on a charge of possession of crack cocaine with intent to distribute that was lodged against Johnny Copeland, 21, of Hudson.

After the jury deadlocked on that charge, Judge John A. Agostini declared a mistrial. Prior to jury deliberations, Copeland's defense attorney, Marc C. Vincelette, had asked Agostini to enter a required finding of not guilty, claiming that the prosecution's case was insufficient as a matter of law. Agostini declined to rule on the motion at the time, and the case was sent to the jury, which failed to reach a unanimous verdict.

After the mistrial was declared, Vincelette again requested Agostini to enter a not-guilty finding. The judge, who didn't immediately rule on Vincelette's motion, issued a written decision three days later that agreed with Vincelette's position and found the defendant not guilty.

The charges in the case, which was prosecuted by Berkshire Assistant District Attorney Richard M. Locke, stem from a March 14 search of a motor vehicle on Daniels Avenue, where Pittsfield Police recovered a large amount of crack cocaine under the driver's seat. Copeland was a passenger in the vehicle.