advertisement

Did Elgin man know he was selling illegal synthetic marijuana? A Judge will decide

Prosecutors wrapped up their case against an Elgin man accused of selling synthetic marijuana out of his Algonquin tobacco shop, arguing he gave a pointed warning to an undercover cop making a drug buy.

"Be careful, it will knock you on your (rear)" John Monteleone said to an undercover officer on July 25, 2013, who bought drugs at King Puff N Stuff, said Assistant Illinois Attorney General Gregg Gansmann in his closing argument.

"Legal substances don't knock you on your (rear). Controlled substances do," Gansmann told Kane County Judge Linda Abrahamson, who presided over the bench trial.

Monteleone, 48, was charged in September 2013 with possession of more than 200 grams of a controlled substance with intent to deliver and a host of other felonies.

His wife, Tracy, 46, also was arrested on charges she possessed more than 200 grams of a controlled substance. Authorities say 168, one-gram packages of synthetic marijuana were found at the tobacco shop as well as 3,582, one-gram packages seized from Tracy Monteleone's car.

Defense attorney Edward Edens argued that Monteleone did research, did not know the products were illegal, and ran a legitimate business to provide for his family. Edens said the police fabricated testimony that his client told authorities in September 2013 that he didn't "sell drugs anymore" and that his client even filed insurance claims on the products after his store was burglarized twice that year.

Edens also argued that police should have arrested Monteleone sooner if they knew he was selling illegal drugs and that authorities wanted to "make an example" out of Monteleone.

"People need to be indicted in this case and it's not my client. It's the police department," Edens argued.

But Assistant State's Attorney Kelly Orland said Monteleone's testimony was evasive, biased and contradictory. Monteleone kept proceeds from the synthetic marijuana in a separate pants pocket because they were illegal sales.

He also told police in written and oral statements that his wife "did not approve of" and was "totally against" him selling the products in order to save her from criminal responsibility, Orland noted. "The defendant acted in a manner that clearly shows he knew this was an illegal product," Orland said.

Tracy Monteleone pleaded guilty in October 2015 to possession of 200 grams of a controlled substance and got the maximum four years of probation, and a $15,660 fine. If she breaks probation, she faces up to 15 years in prison.

If convicted, John Monteleone faces between six and 30 years in prison, with no chance of probation.

Abrahamson took the matter under advisement and will issue her verdict on Nov. 5.

Police seize synthetic cannabis from Algonquin tobacco store

Expert: Samples from Algonquin shop contained synthetic marijuana

Police: Algonquin shop owner smoked, sold synthetic marijuana

Elgin man accused of selling synthetic pot says he thought products were legal

Police: Elgin man accused of selling synthetic pot said he didn't sell drugs 'anymore'

Article Comments
Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the "flag" link in the lower-right corner of the comment box. To find our more, read our FAQ.