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July 12, 2007 - Tampa Tribune (FL)

Informant Urged Suspect To Sell Him More Drugs

He Helped DEA As Part Of Plea Deal

By Elaine Silvestrini, The Tampa Tribune

Return to Drug War News: Don't Miss Archive

TAMPA - The prosecution's key witness in an overdose death case testified Wednesday he encouraged the defendant to sell him larger quantities of drugs.

Brandon Erwin is standing trial on drug distribution charges and a charge that he is criminally responsible for the November 2005 overdose death of Andrew Culver, a 35-year-old businessman who authorities say bought cocaine and methadone from Erwin.

Erwin worked part time as a host in the Blue Martini nightclub in International Plaza.

The key witness, Stephen Wilkinson, was free on bail after being arrested on drug distribution charges when he met Erwin and others in the club and told law enforcement he could provide information about drug dealing in the club.

Wilkinson testified he was trying to find a way to provide "substantial assistance" to authorities in order to receive more lenient treatment in his own case.

He was facing a minimum of 15 years behind bars and, after his cooperation, wound up with a year of probation, he said Wednesday under cross-examination from defense attorney Rachel May.

"Kind of hit a home run, huh?" May remarked.

Wilkinson didn't respond.

Under questioning from May, Wilkinson said he signed an agreement with a state prosecutor that required him to provide information to help in the prosecution of a particular level of crime.

Under his plea agreement, he was to receive a three-year prison sentence.

The agreement says if he assisted in bringing another case that could get someone a potential sentence of at least 15 years, he could have two years shaved off that recommendation.

Wilkinson said Erwin initially offered him smaller quantities of methadone than he purchased.

He said he asked for larger amounts at the direction of Drug Enforcement Administration Agent Scott Albrecht.

Under federal law, sentences for drug trafficking are enhanced when larger amounts of drugs are involved.

"Have you ever heard of sentencing entrapment?" May asked.

"No," Wilkinson responded.

Under questioning by May, Wilkinson said he thought Erwin was not particularly smart and was eager to please. He said he laughed when Erwin offered smaller amounts of drugs.

"When you laughed at him, he offered higher amounts, didn't he?" May said.

"Right away," Wilkinson responded.

Assistant U.S. Attorney Lee Bentley asked Wilkinson whether anyone ever told him the sentences faced by Erwin or anyone else about whom he provided information.

No, Wilkinson said.

Wilkinson also testified he took his father and younger brother to the Blue Martini. He said he heard that his father used cocaine there, but he didn't directly witness that.

Wilkinson denied he used cocaine or broke the law in any way while he was cooperating with law enforcement.

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