Jury Rejects Entrapment Defense, Returns Guilty Verdict

A jury in Judge Kimbler's courtroom returned a guilty verdict late Tuesday afternoon in the case of State of Ohio v. Brian P. Medvick. Mr. Medvick was indicted for one count of Drug Trafficking, a fourth degree felony. Mr. Medvick admitted to selling two pills that contained an illegal drug, but claimed that the confidential informant used by the Medway Drug Enforcement Agency had entrapped him into committing the crime.

When a defendant raises the defense of entrapment, he or she has the burden of proving by a preponderance of the evidence that the entrapment took place. Because the burden of proof is on the defense and because a person raising that defense has to admit that he or she committed the offense, it is not often used. Indeed, in over 24 years on the bench, this was the first trial that Judge Kimbler presided over where the defense was raised.

Mr. Medvick was allowed to remain on bond after the jury returned its verdict. A pre-sentence investigation was ordered and sentence will be imposed on November 5, 2010 at 8:30 am.

Mr. Medvick now resides in Strongsville, Ohio, but at the time of offense lived in Brunswick, Ohio. Mr. Medvick is one of approximately 43 defendants who sold drugs to the confidential informant who testified for the State.