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Archive for Sunday, July 8, 2012

Convicted man in meth case making appeal

July 8, 2012

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Randy J. Dyke was defiant when he addressed a federal judge in February before he was sentenced to nearly 20 years in prison for counterfeiting money and manufacturing methamphetamine.

The 52-year-old Lawrence man called the trial in the case “a joke.” His attorneys have accused undercover officers of planting the idea of methamphetamine manufacturing as a way to convict Dyke and co-defendant Donald Milton Steele of more serious charges related to an investigation that included a 2010 raid on Steele’s house east of Lawrence, 1706 N. 1500 Road.

“These gentlemen behind us, they are the criminals. They set this up,” Dyke said, according to a transcript of the Feb. 29 sentencing. “I am convicted of manufacturing. I am innocent of manufacturing. They are guilty. They manufactured this whole case for the reason to convict us.”

Now an attorney for Dyke, who is in federal prison in El Reno, Okla., is asking the U.S. 10th Circuit Court of Appeals to acquit him of the most serious charges on grounds U.S. District Judge John Lungstrum should have thrown out Dyke’s conviction of charges related to meth manufacturing and counterfeiting based on “outrageous government conduct.”

“A motion to acquit for outrageous government conduct focuses solely upon the government’s conduct, not the proclivity or eagerness of the defendant to commit a crime,” Dyke’s attorney Lumen N. Mulligan wrote in a brief also asking for oral argument in the appeal.

Steele, whose attorney is making a similar appeal, was sentenced to serve 25 years in prison, and both men after a trial last summer were convicted of six counts in all, including possession with intent to distribute more than 50 grams of methamphetamine. Dyke’s convictions were conspiracy to counterfeit money, conspiracy to manufacture meth, distribution of hydrocodone, two counts of distribution of methadone and possession with intent to distribute more than 50 grams of meth.

Federal prosecutors accused Steele of developing a plan in 2009 to pay for a large shipment of marijuana with counterfeit money, and the government said he and Dyke set up a house he owned in Topeka for a counterfeiting operation.

Prosecutors also said that in February 2010, Steele directed Dyke and another man to retrieve $10,000 in counterfeit money and more than 50 grams of meth they had conspired to have manufactured from the Topeka house. On Feb. 17, 2010, authorities raided the house east of Lawrence that also was home to All Seasons Tree Service.

Dyke’s defense attorney criticizes how investigators handled an undercover operation in the case, especially based on the initial tip they received from Kelly Findley, who spent about nine months in prison for conspiracy to related to counterfeiting investigation.

Instead of any meth operation, Findley initially only predicted investigators would find evidence of marijuana distribution, a scheme to buy marijuana with counterfeit money and the passing of bad checks. Dyke and his attorneys throughout the case have criticized how the mention of manufacturing meth came into play based on a conversation Findley and an undercover officer had with Steele.

Dyke’s side has also criticized investigators for providing instructions about how to produce meth and funds to buy manufacturing supplies.

Before and after Dyke’s trial, Lungstrum ruled against motions alleging outrageous government conduct saying there was evidence Steele first mentioned the idea of manufacturing meth.

But Mulligan argues the government is not allowed to “induce a defendant to become involved in a new criminal activity merely to create a new opportunity for prosecution.”

“Prior to the sting operation, moreover, Mr. Dyke had no criminal history relating to methamphetamine,” Mulligan wrote in his appellate brief.

Federal prosecutors have until later this month to respond to appeals from Dyke and Steele, but at Dyke’s sentencing, they had stressed how defendants in the case “jumped in with both feet” relating to the meth charges.

Dyke’s attorney is asking the appeals court to throw out the charges related to meth and counterfeiting, which carry the steepest prison sentence, and to order Dyke to be resentenced on the less serious charges.

Mulligan, who is also a Kansas University law professor, is also requesting that the appeals court grant Dyke a new trial that would include a jury instruction related to “voluntary intoxication” based on Dyke’s extensive drinking at the time of the investigation.

Comments

jdyke 1 year, 9 months ago

Just wanting to let you all know that I am a female. Also, you will know when I am yelling. I promise you that

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Flap Doodle 1 year, 9 months ago

Dude, your caps lock key is sticking. Better get that seen to or people will think you're screaming at them. Or maybe that is what you are doing...

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jdyke 1 year, 9 months ago

I would have to borrow it from the government since it was THEIR METH!

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jdyke 1 year, 9 months ago

Sorry for the mistypes. I have to type these post kind of fast seeing as I do not have all day to spend on this site

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jdyke 1 year, 9 months ago

Wow! it amazes me at how quick you all REFUSE to look at what is availible to you. Yes he is an acoholic. An alcoholic, by the way, IS NOT GOING TO SAY NO TO BEER. I think that some people might need to educate themselves on what being an alocholic really is.

UNIKU - He wouldn't be right for the part!

auntie - well then I guess that measured it wrong

g_rock - We feel it is our right to make the TRUTH known and we feel that you all desrve to hear the truth. I am sorry that some people feel that they have to put their own spin on it. I understand that they are so miserable with their own life that they have to try to hurt others. Thank GOD that my family is strong and the words that are being said will not cause us to shed a tear or lose sleep at night...

dulcinea47 - The is kind of our point. He is an alcoholic. he is NOT going to say no. Even an alcohoic has a point they can reach.

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autie 1 year, 9 months ago

50 grams of get go? That's a bit more than $20 worth however you cook it.

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g_rock 1 year, 9 months ago

I would like to name this saga "The New Yellow House."

geesh

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Dosborne 1 year, 9 months ago

As for the Intoxication instruction, it is my understanding that Randy Dyke has a history as an alcoholic AND that the state was supplying alcohol to him while building this case. They get him drunk and they get there case?

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Dosborne 1 year, 9 months ago

I completely understand wanting to get meth manufacturers and users off the street. I do not understand how people can be so quick to trust a government which has lied repeatedly for years. It's not rocket science, it's public record. Even the STATES expert witness said there was only enough stuff to make $20 if there was an EXCELLENT cook. Um hello, Randy Dyke is on the STATES recording being called out for buying the wrong stuff. This man is OBVIOUSLY not a meth user or manufacturer. That is if you trust what the STATE has to say in its own case. Do not be blind people, do not be ignorant. Get the transcripts and read them, it will make you fear everyone you know. It seriously made me put it very clearly to my friends that so called funny comments would no longer be tolerated in my presence. The government has made it clear in this case and as I have recently learned, many other cases, that they will bend whatever it takes to make themselves look like the hero. This story is just one of many which should be of concern for any American who values his/her constitutional rights.

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LadyK77 1 year, 9 months ago

Well put, JDyke. Being related, I have known Randy for over 30 years. And yes he is no saint. But drugs and counterfeiting were never in his repertoire. He is the first person to jump in and help when someone is in trouble. For those of you who want to call him a doper, take a closer look at yourself. He drinks, that doesn't mean he does drugs. And to think he helped mastermind a meth operation? That's pretty laughable.

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jdyke 1 year, 9 months ago

It is my opinion that those who are willing to judge somebody as harshly as you are all judging MY FATHER are the ones who seem to have secrets to hide...We have no secrets. I am sorry if you refuse to open your eyes to what the government has done. Let it be known that IT IS AGAINST THE LAW TO MAKE UP A CRIME JUST TO GET THE "BAD GUY". We have the transcripts and we are willing to share them. Be honest though! Would you actually read them or would you continue to talk blindly about the situation at hand. For some reason I don't think that ANY of you really care about the truth so long as you can try to make somebody else's life miserable so that you don't have to face your own issues. Guess what! It isn't working. Unlike you,we know the truth. Not only was I in the court room but I have it in black and white...Please do the world a favor and get a life...It is our right to fight for what is right and that is just what we are doing and going to continue to do...

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mdfraz 1 year, 9 months ago

It's not quite that simple, somebody. There are certain crimes, specific intent crimes, where voluntary intoxication might be a defense. Specific intent crimes are when a person undertakes an action with the intent to achieve some specific crimal result. An example is burglary: entering into a location where you are not supposed to be with the specfic intent to commit a theft, sexual crime or other felony therein.

However, for general intent crimes, which constitute the vast majority of those in the criminal code, voluntary intoxication is not a defense. For instance, possessing a controlled substance is illegally possessing a drug, say, marijuana, but there is no further intent required. The mere possession is the illegal act, and intoxication is not a defense.

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somebodynew 1 year, 9 months ago

OK. Skipping the first part of this attorney's appeal, but going with the second: If I start drinking excessively every day and become "voluntarily intoxicated", I am not responsible for anything I do ?????

I think we just solved the jail overcrowding situation.

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Mike Gerhardt 1 year, 9 months ago

Sorry, he is a meth maggot doper, unworthy of the oxygen he is stealing from productive citizens.

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