Angelina County, Texas, Judge Acquits Man on Drug Charges

By Brian Cole

Published on March 26, 2007

State District Judge Barry Bryan relieved the jury of its duty in mid-trial after the defense presented its evidence. Assistant District Attorney Dale Summa took the case to trial with an offense report as well as testimony from officers and Summerlin’s ex-wife, Belinda Gilchrist. Not included in the prosecution’s evidence were photographs, physical evidence, fingerprints, lab results, or a written statement from Gilchrist.

Summerlin’s attorney also said the Sheriff’s office lost its own search warrant, forcing it to contact Gilchrist for a copy the day before trial began.

During cross-examination, Summerlin’s attorney peppered Sgt. Joseph Davidson with questions relating to the alleged drug residue found by investigators. The residue was never tested.

Summa said he took the case to trial in the hope that testimony and the offense report alone would be enough to make a case. According to Judge Bryan, it was not.

Summerlin was placed under arrest May, 10, 2005, after his wife reported his alleged drug activities to Zavalla police.

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