Prosecutor responds to motion for the dismissal of music festival drug charges

Federal prosecutors have responded to Jimmy Tebeau's lawyer's motion to dismiss charges against his client of facilitating drug sales, saying that the indictment is sufficient and does not infringe on Tebeau's right of free speech.

Tebeau, 44, of St. Louis, was charged in June not with using or selling drugs, but for operating a campground where he allegedly facilitated the sale of cocaine, marijuana, LSD, psychedelic mushrooms, Ecstasy and opium. The indictment came after a four-year federal investigation into Camp Zoe, a Shannon County, Mo., campground Tebeau purchased to hold music festivals like "Schwagstock" and "Spookstock;" Tebeau's Grateful Dead tribute band is named The Schwag. The venue closed in November 2010 after the federal government seized it.

Tebeau has maintained his innocence throughout the legal process and filed a motion to dismiss the charge Oct. 17. The basis for the dismissal is insufficient indictment, according to court records. The Missouri State Highway Patrol, U.S. Drug Enforcement Administration and the Internal Revenue Service made more than 100 drug purchases during its investigation of the 330-acre concert venue, and assistant federal prosecutor Keith Sorrell alleges Tebeau intentionally profited from the illicit drug sales, according to court documents.

"The government fails to allege and cannot allege any facts showing that Tebeau had the illegal purpose" prohibited by the law he's accused of breaking, Tebeau's lawyer, Gilbert Sison, wrote in the motion. "The government must prove that Tebeau knowingly made his property available for use for purpose of unlawfully manufacturing, storing, distributing or using a controlled substance."

Charging Tebeau for the sale and consumption of illicit drugs at Camp Zoe has also infringed upon Tebeau's First Amendment rights and could set a precedent of censorship for other musicians, Sison wrote in the motion.

"If the government's interpretation stands, the only sure way for concert and music promoters to avoid liability under the statute would be to not hold such concerts or music festivals at all," Sison wrote.

The motion also notes that Tebeau has not held a festival at Camp Zoe since being indicted, and that represents an "impermissible infringement" of his free speech rights.

Sison could not be reached for comment.

Sorrell didn't buy the dismissal on either basis, writing in a Nov. 9 response that the indictment is both sufficient and constitutional.

The indictment includes the charge, time period of the offense and Tebeau's involvement, making it sufficient, Sorrell wrote. Conviction or acquittal of the charge would bar any further investigation linked to the case, he added.

"The indictment is legally sufficient as a plain, concise statement of the essential facts constituting the offense charged," Sorrell wrote.

Sorrell wrote that Tebeau's claims of censorship are unfounded because drug use at the festivals was not incidental and that most of the audience was there to sell or use illicit drugs.

Drug dealers allegedly walked around the festival advertising their products. Marijuana dealers could be found with prepackaged marijuana in backpacks shouting, "reefer," while other drug dealers would show buyers how to use the substances they sold.

Undercover police video shows multiple drug dealers at a Camp Zoe festival saying, "people don't come here for the music; they come here for the drugs," according to the motion.

The festival's medical facility, "Safestock," was used mostly to treat drug overdoses, Sorrell wrote in the motion.

All the while, Tebeau knew drugs were being sold, bought and consumed on his property, Sorrell alleges. In the motion, Sorrell said Tebeau made a conscious effort to eradicate drugs like nitrous oxide, methamphetamine and crack cocaine, but encouraged the sale of other drugs.

"While there was music in the camp, it is clear from the campers' activities that the main purpose of the campers was to buy, sell and use illegal drugs without police interference," Sorrell wrote in the motion.

The next hearing for the case has not been scheduled.

Despite the indictment, Tebeau's music career vigorously continues. The Schwag plays up to six nights a week, and Tebeau can be found playing with the Jerry Garcia Band when not with his band. The Schwag will play in Cape Girardeau Dec. 10 at Pitter's Cafe and Lounge.

Tebeau said he is not reluctant to play in Southeast Missouri, despite his past run-in with law enforcement. The Schwag recently played in Rolla and Springfield, Tebeau said.

The last time Tebeau played in Cape Girardeau was a memorable one, he said. The Schwag was in the city to play a show at Pitter's June 17, and Tebeau was set to turn himself in on the federal charge the same day. Nevertheless, the show went on.

"I got out of jail and walked to Pitter's," he said. "It was pretty crazy."

Tebeau said he has been advised by his attorneys to not talk about the case. And despite the charges against him, Tebeau would rather talk about music.

"It's what I was born to do," he said of playing music. "I like to take people on a musical journey."

psullivan@semissourian.com

388-3635

Pertinent address:

499 Independence St., Cape Girardeau, Mo.