On May 17, 2014, 29-year-old Kenneth Moore was arrested in Galveston County, Texas after police seized three bags of white powder from him that field-tested positive for cocaine.
On August 6, 2014, Moore pled guilty in Galveston County Criminal District Court to possession of a controlled substance. He was sentenced to two years in prison.
The Galveston County District Attorney’s Office notified Moore’s defense attorney in October 2014 that the Texas Department of Public Safety crime laboratory tested the powder on August 20, 2014 and the powder was identified as benzocaine, a legal substance used as a local anesthetic.
Moore’s attorney filed a state petition for a writ of habeas corpus and the prosecution filed a response agreeing the writ should be granted. A trial court judge recommended the writ be granted and on November 24, the Texas Court of Criminal Appeals granted the writ and vacated the conviction.
On January 2, 2015, the charge was dismissed. Moore sought compensation from the state of Texas, but the claim was denied.
– Maurice Possley
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