[420 Girl]

A jury of 11 peers has found Kevin Black guilty on all charges. Remanded into custody, Black will be sentenced on June 26.

Five women and six men were sequestered yesterday at 11:15 a.m. following the charge from Justice Stephen McNally of the Court of Queen's Bench.

They returned with their verdict at 3 p.m.

On hearing the verdict, Black's mother left the court in tears. Other family members, including sisters and brothers, were also in court to provide support.

The jury heard closing arguments from the federal Crown and the defence on Wednesday morning, Day 7 of the trial.

Standing at a lectern beside a chart showing the details of each grow operation Kevin and Paul Black were involved in, prosecutor Monica Johnson reviewed evidence to show there was an agreement between the two brothers, while fellow Crown prosecutor Christian Libotte looked on.

After she finished her hour-long summation, defence counsel Randall Maillet took just 15 minutes to tell the jury the Crown's evidence did not prove beyond a reasonable doubt his client was guilty of the two conspiracy charges.

"All you have is, he is a paid runner for Paul Black.

He has the expertise with the operation of the grow operations, but there is nothing here to suggest he was in a conspiracy with Paul Black to produce and traffic marijuana. I would suggest that you acquit Mr. Kevin Black."

Black, 44, pled not guilty to a charge of conspiracy to produce marijuana and a charge of conspiracy to traffic on Day 1 of the trial.

During the Crown's closing, Johnson told the jury the 186 pounds of marijuana seized from the eight residences during the Operation Jackpot takedown on April 19, 2005, was produced for a commercial operation.

Johnson suggested to the jury there were three questions they could ask themselves when making their decision:

1. Was there an agreement between at least two people?

2. Was Kevin Black a part of that agreement?

3. Did Kevin Black participate in that agreement?

The prosecutor then went through the evidence to show the jury how each question could be answered and a verdict of guilty could be rendered. Johnson highlighted conversations between Paul and Kevin Black and conversations between other individuals, including Jeff Hamilton, Robin Charest, Andrea LeBreton, Allen Ramsay, Glenwood Gallan, Ronald Stewart, Francis Parker, Peter Murphy and other unnamed individuals.

Of those conversations, Johnson said, "We submit Paul Black and Kevin Black had an agreement ...

We submit each individual had an agreement with Paul Black and Kevin Black to grow marijuana so ultimately Paul Black and Kevin Black could sell it for profit."

As Johnson highlighted passages from certain conversations, the jury followed along in the transcripts.

They also flipped through photos showing the eight grow operations. The prosecutor told the jury they had heard the evidence of expert witness Inspector Marlene Snowman, who testified each grow operation was operated in a similar manner. Photos showed the marijuana plants in black buckets, the nutrients being fed through black spaghetti line and black buckets of lava rock. High-intensity lights were set up and reflective or white plastic wrap adorned the basement walls. The windows were concealed to avoid detection and block out natural light.

The high-intensity lights were wired directly to the electrical panel, another way to avoid detection, said the expert. Exhaust fans were used to minimize the smell of the marijuana and to maintain a consistent temperature for the plants.

The marijuana plants were fed a steady diet of fertilizer and the pH balance was watched closely.

Lights remained on for up to 18 hours a day until the plants were ready to flower and produce buds. Then the light was decreased until the plants were ready to be cultivated.

Wiretap conversations involving a grow operation at 1 Luton Lane in Loggieville that was being taken care of by Peter Murphy detail the cultivation of marijuana plants. Paul and Kevin Black can be heard discussing the preparations and having to return a second day with others to finish them.

Johnson said the Crown submitted the conversations between Kevin Black and Allen Ramsay show Black was in charge of Ramsay and his maintaining of two grow operations at 750 and 1405 King George Highway. Black can be heard berating Ramsay for not following his directions, the mis-operation of equipment, causing a flood, not staying at a location, and having visitors. In that particular incident, Kevin Black asks Ramsay if he is deaf and stupid after he confirms he has someone at the house with him.

Johnson told the jury surveillance evidence from police officers places Kevin Black and his truck at locations where grow operations were found. The surveillance was conducted following information garnered from wiretap calls.

During the trial, RCMP officers and members of the Miramichi Police Force testified to seeing Kevin Black leaving Canadian Tire with a shopping cart full of bags of lava rock, and later seeing him at 1 Luton Lane in Loggieville unloading it. At other times, Kevin Black's truck is observed at the residences later searched and where grow-ops were dismantled.

He is also observed as a passenger in Paul Black's vehicle.

Johnson said Kevin and Paul Black could be heard on the wiretaps discussing distribution of the marijuana and pricing.

She said Paul Black made the arrangements with the people to grow the marijuana and Kevin Black set the operations up.

In her conclusion, the prosecutor said, "In view of all the evidence and Kevin Black's direct declaration and actions, we submit he is part of and participated in an agreement to produce and traffic in marijuana."

Defence claims subservience

Maillet submitted that while there may have been participation, his client had a subservient role in the operation.

The defence lawyer said there was no evidence Kevin Black had any discussions with the growers about financial matters. He reviewed the transcripts, showing where discussion about money was between Paul Black and the growers.

"Kevin Black's involvement was purely from a technical point of view," said Maillet, "He was not there for the alleged agreement to set it up. The evidence before you on the agreements is between Paul Black and the growers."

Maillet continued, saying of the 75,000 wiretap calls captured, there was never any indication his client was involved in an agreement. He added evidence showed that when the growers had problems, they called Paul Black, who in turn told them he'd get Kevin Black to fix it.

In other conversations, particularly one involving the sale of a pound of marijuana that Kevin Black obtained from Ronald Stewart at Paul Black's request, Maillet says Kevin refers to the numbers not being right for his brother, not the two of them.

"If that is their dope, he'd be saying for us, not you," Maillet submitted to the jury. "Again it shows he is clearly doing work for him. He's getting paid for his work with Paul Black."

Correction -- In the story titled Growops valued at thousands in the May 21 Miramichi Leader an incorrect name was attributed to the residence at 750 King George Highway. The correct name is Allen Ramsay.

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