The Indiana Court of Appeals has upheld a conviction from Starke Circuit Court. Last June a jury found Earl Beem of Hamlet guilty of possession of methamphetamine and maintaining a common nuisance, both of which are Level 6 felonies, and of possession of paraphernalia.
Court documents indicate he was living with Melissa Howard in Hamlet in February of 2016 when Hamlet Police officers began pulling trash from the residence. In it they reportedly found needles, syringes and spoons, all of which are used to ingest illegal substances.
Officers obtained a search warrant for the home on March 4, 2016. While applying for the warrant, they learned Beem had left the residence in a vehicle. An officer followed the car and detained Beem while the warrant was being served.
During the search officers reportedly found aluminum foil pieces with white residue on them in plain view on the dresser in the master bedroom and “a lot of baggies in one bag” that had white, flaky residue in them. Court documents note some of those items tested positive for methamphetamine.
During Beem’s jury trial, the state presented evidence that he had been living at Howard’s residence and had smoked methamphetamine with her. The jury found him guilty of all three charges on June 1, 2016, and he was sentenced to 30 months in jail.
In his appeal, Beem contends he did not have actual possession of the drugs or paraphernalia and that he did not own the residence where they were found.
However, state law finds he had a “possessory control” over the residence because he lived there with Howard’s permission. The court also cited incriminating statements made by Beem in both text messages and a telephone conversation between Beem and Howard made from jail while he was awaiting trial.
By law, the state does not have to prove a defendant owned a residence to support a conviction of maintaining a common nuisance. The court found that since Beem had been living at the house for a month prior to the execution of the search warrant he had the ability to maintain dominion and control over the premises.
