Judge David A. Wiseman, during the trial, denied a motion to declare a mistrial for Jing Xin Xiao as moved by Chief Public Defender Adam Hardwicke, the defendant’s counsel.
Hardwicke, in his oral motion, strongly objected to the testimony of the government’s cooperating defendant who testified on the drug deals between Jing Xin Xiao and the government witness.
Hardwicke argued that “there’s no longer a fair trial” for his client, who has denied charges of possession and trafficking of “ice.”
Assistant Attorney General Russel Lorfing said the defense, in effect, waived its right to move for a mistrial, since there was no objection raised by the defense when the government witness started testifying on the drug deals between him and Jing Xin Xiao.
The government witness said he had had drug deals with Jin Xing Xiao for over a year and a half or until the defendant was arrested on April 7, 2010.
The government witness, who identified the defendant in the courtroom as his “main supplier,” said he had been selling drugs “almost on a daily basis,” and could dispose of a gram of “ice” a day.
He said he had been purchasing $350 worth of “ice” from the defendant, whom he called “Hondan.”
He did not know the defendant’s real name.
Jin Xing Xiao also uses the aliases “Big Brother” or “Tasi.”
The government witness said he had been using “ice” for the past 10 years and the last time was on April 5, 2010 — two days before the defendant’s arrest.
He said he stopped using “ice” since serving his nine-month jail term.
The government witness said he agreed to conduct a controlled buy, which was audio recorded and monitored by the police, and was able to buy “ice” from the defendant on April 7.
Earlier, Assistant Attorney General Peter B. Prestley, who is also prosecuting the case, presented Detective Sean White as a government witness. It was White who conducted the surveillance.
Hardwicke claimed that White “appeared to be struggling to remember” the facts of the case.
Assistant Public Defender Adam Miles is also serving as counsel for Jing Xin Xiao.
The defendant has been on pretrial release after posting $5,000 cash as 10 percent of the $50,000 bail and the remaining $45,000 as unsecured or appearance bond.
The defendant was released to Papago resident as his third party custodian.
Over 230 grams of “ice” worth $118,250 were seized last April from Jing Xin Xiao.
