John Brokenbrough v. State Delaware

John Brokenbrough was tried before a jury and convicted for Delivery of Cocaine, in the Superior Court, in and for Kent County. A co-defendant, George Atkins, was tried and convicted at the same trial for Delivery of Cocaine and Second Degree Conspiracy. John Brokenbrough was sentenced to be imprisoned for eight years. In this appeal, Brokenbrough sets forth two grounds which he contends require reversal of his conviction. First, he asserts that there was insufficient evidence to support the jury's verdict. Second, he alleges that improper and prejudicial closing argument to the jury by the prosecutor denied him a fair and impartial trial. An understanding of the factual circumstances is important for an analysis of both of the issues that Brokenbrough raises in this appeal. On March 5, 1986, Detective Bullen, an undercover Delaware State Police officer, met with the co-defendant, Atkins, for the purpose of purchasing a quantity of cocaine. Bullen and Atkins drove to an apartment complex in Dover, Delaware. They both entered the apartment of Mary Scott, who resided in the complex. Inside the Scott apartment, Detective Bullen asked Mary Scott about the possibility of purchasing drugs. At the time, Detective Bullen was wearing a body microphone which taped the conversation. Following a brief Discussion, Mary Scott left her apartment to procure some drugs. During Scott's absence, the co-defendant, George Atkins, told Detective Bullen that Scott was only going three doors down. Scott returned to the apartment shortly after leaving and told Bullen that she could not obtain any cocaine at that time but that she could obtain some at about 3:30 p.m. later that day.