Elgin man guilty of selling synthetic pot out of Algonquin tobacco shop
A Kane County judge Friday convicted an Elgin man of selling synthetic marijuana out of his Algonquin tobacco shop in 2013.
John G. Monteleone, 48, faces six to 30 years prison when sentenced Dec. 21 in the largest synthetic marijuana case prosecuted in the county since the drug became illegal several years ago.
"He wrote in his own statement (to police) that his wife did not approve of selling 'this product,' " said Judge Linda Abrahamson, adding Monteleone was "aware of the effect" of the one-gram packages with the name of Mary Joy because he too had smoked it.
"He told the officer (in a July 2013 undercover buy), 'Be careful, it will drop you on your rear,' " Abrahamson continued. "He knew all of the facts that made his conduct illegal."
Monteleone was convicted of possession 200 grams or more of a controlled substance with intent to deliver. Prosecutors argued he sold drugs three times to undercover officers in 2013, and 168 one-gram packages of synthetic marijuana were seized by members of the North Central Narcotics Task Force from the tobacco shop in September 2013.
Abrahamson rejected arguments from defense attorney Edward Edens that police lied about Monteleone saying he didn't "sell drugs anymore" and that Monteleone had researched the products on the internet to ensure they were legal.
Abrahamson noted Monteleone made cash transactions when buying and selling the products, didn't issue customers receipts and kept proceeds in a separate pants pocket than other sales at King Puff N Stuff.
"He's not a drug dealer," sobbed Monteleone's wife, Tracy, after the verdict. She was arrested in September 2013 and charged with possession of a controlled substance. She pleaded guilty in 2014 to felony possession of a controlled substance and was sentenced to the maximum four years of probation. Authorities say 3,582 one-gram packages were seized from her car outside the family home.
Edens said he planned to order the transcripts from the bench trial, on and off since August, in an effort to argue for a new trial. "There's a lot of issues," Edens said. "It just took too long to do the whole thing."
Monteleone's bail was revoked after the conviction and he was taken to the Kane County jail to await sentencing. He can have his sentence cut in half for good behavior in prison. He has no previous criminal convictions.