TWO ARRESTED ON METH CHARGES DESPITE RULING

Two men were arrested Tuesday night in Cape Girardeau for possession of ephedrine, a precursor for manufacturing methamphetamine, despite a Missouri appeals court ruling last year that made it more difficult to prove such cases.

Christopher T. Anthony, 23, of Calvert City, Ky., and Jon B. Anthony, 21, of Park Hills were arrested on the parking lot in front of Kmart after an employee from Schnucks reported the purchase of several boxes of Sudafed, which contains ephedrine. Cape Girardeau police officers converged on the suspects' parked gray Nissan about 5:20 p.m. Tuesday.

In the car they found 26 boxes of Sudafed or similar products along with other precursors: lithium batteries, rubbing alcohol and starter fluid. The men, who are brothers, were taken into custody without incident. Prosecuting Attorney Morley Swingle issued warrants against them on Wednesday.

Both were charged with possession of ephedrine with intent to manufacture methamphetamine, a Class D felony. If found guilty, they face terms of one day to one year in the county jail or one to five years in prison or a fine of $5,000.

Bond was set at $7,500 for each man. They were still lodged in the Cape Girardeau city jail Wednesday.

Last year the Western District Court of Appeals overturned the conviction of a Marshall man found guilty of attempting to manufacture methamphetamine. He had been arrested in the possession of a number of precursors: a gallon of toluene, a bottle of Liquid Fire, four bottles of pseudoephedrine and one bottle of ephedrine along with an air tank. The court ruled that the state did not present evidence that the man planned to manufacture meth or that he knew how.

The case set a new standard of evidence for pursuing a case of intent to manufacture. Besides pills and other precursors, police now need something more: a recipe, an admission by the defendant, the testimony of a co-defendant or other witness, or proof of a history of manufacturing meth.

"We do have that proof in this case," Swingle said but would not specify which type of proof.

He said the court of appeals has made it more difficult to make a case for intent to manufacture meth.

"Nowadays we have to screen cases a lot harder and only file if we can prove the other factors or at least one of the other factors," Swingle said.

Cpl. Kevin Orr of the Cape Girardeau Police Department said both the amount of ephedrine found in the car and the presence of other precursor items led to the arrest.

"We have to make sure that in addition to just one item there have to be other items that would lead you to believe they intended to manufacture methamphetamine," Orr said.

The state often can prove intent to manufacture if any of the precursors has been altered, but in this case they had not been.

"Most of the time when we get involved something has already transpired. They've already made the conversion," said Sgt. Kevin Glaser of the SEMO Drug Task Force.

"Then they've taken a substantial step: They have made a conversion of the initial product. The court says that shows intent."

Absent any conversion, officers hope to get the suspect to make a statement admitting intent..

The court ruling has had an effect on law enforcement, Glaser said.

"It has made it a little bit tougher. We have to do a little bit more homework and research to go forward and charge a guy.

"But it has not tied our hands," he said.

The attorney general's office has asked the Missouri Supreme Court to consider transferring the case of the Marshall man. So far the Supreme Court has not agreed to do so.