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Mack trial opens; faces weapons, drug charges
Thursday, November 07, 2013 10:00 AM
Prosecutors began presenting evidence Wednesday in a jury trial for a Madison man facing weapon and drug charges.
Thomas Mack, 46, was arrested in March after an investigation by the Madison Police Department and parole officers. Mack's most serious charge is possession of a weapon by a serious violent felon, a Class B felony.
Parole officers told police they found guns in the residence where Mack had been staying. Mack has previous convictions for felony intimidation and battery with a serious deadly weapon.
Mack also faces charges for counterfeiting, possession of methamphetamine and marijuana and maintaining a common nuisance.
Mack's trial is being split into two parts because presenting his criminal history could possibly influence the jury's decision on the case. The first part of Mack's trial will focus on the latter charges.
While prosecutors did not get through all of their evidence on the first day of the trial, a majority of the information presented was from law enforcement officers involved in the case.
The investigation began when Madison Patrolman Kurtis Wallace was dispatched to a gas station regarding a customer who attempted to use a counterfeit $100.
Through investigation officers were led to 3587 Woodside Drive and were told Mack was living at that residence.
This address was different from the address Mack had given parole officers, which was on Aulenbach Avenue. Parole agents eventually tracked him to the Woodside Drive address, where they noticed the weapons in the home and contacted police.
Due to Mack's criminal history, police applied for a no-knock search warrant - which would allow police to enter the home unannounced. The Emergency Response Team executed the arrest warrant.
A majority of the case will focus on whether or not Mack actually lived at the residence where police arrested him. Prosecutors claim that Mack has called it his house on several occasions and has personal items including bills located in the house.
Defense attorney Jim Spencer said Mack has no legal ownership of the residence, and has only been at the house as a guest, implying he had no ownership over the items police seized.
After executing the arrest warrant and subsequent search warrant, police seized several items, including capsules filled with white powder, foil with a white residue, a metal pipe with a white residue and several glass pipes rolled up in tissues.
Spencer has requested those items not be entered into evidence, because lab reports did not indicate any controlled items in the home. Prosecutors intend to call an analyst from the Indiana State Police lab to the witness stand today to testify about the items seized from the home.
Police also found five images of a $100 bill photocopied onto a single sheet of paper. Police found the photocopied bills, along with a printer, in a crawl space in one of the closets in the home.
Special Agent Joe Parker, a Secret Service agent who works out of the Louisville district, testified that he reviewed the five images and determined they were not authentic.
"It's (the paper) thicker, for one thing. It doesn't have the same consistency of a Federal Reserve note," he said. Parker said the bills also did not contain color-shifting ink on the numbers and did not contain a watermark.
Parker said the bills police found were counterfeit and could have been made using the printer police found. But he acknowledged it has not been proven that the counterfeit bills came from the printer police found.
The trial was scheduled to resume this morning with additional testimony from Lt. Det. Tyson Eblen with the Madison Police Department about items seized from the residence.
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