Superior Court upholds dismissal of criminal charges against former SCI Huntingdon CO
Chilcote allegedly smuggled can of chewing tobacco into prison
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The Pennsylvania Superior Court has upheld a ruling by Huntingdon County Judge George Zanic that dismissed criminal charges against a former corrections officer at SCI Huntingdon who allegedly smuggled a can of Stoker's chewing tobacco into the prison for inmate use.
According to a ruling Thursday by a three-judge panel of the Superior Court, Zanic, in reviewing charges against Frank Rodney Chilcote, 40, found that chewing tobacco "is not poison and therefore is not contraband."
The prosecution argued just the opposite -- that tobacco contains nicotine, which is both a drug and a poison.
In January of last year, Huntingdon Borough police were called to the prison when a deputy warden became suspicious after noticing the officer talking at length with one of the inmates.
He reviewed two calls the inmate had made to a family member, asking the relative to meet a staff member outside the prison on the evening of Jan. 13.
Huntingdon police were called, and the next day, a search of the inmate's cell turned up a can of Stoker's long-cut wintergreen chewing tobacco under his mattress, as well as loose tobacco wrapped in a paper towel.
In a written statement, the inmate admitted that twice before he had tobacco dropped off outside the prison and brought inside -- to be used by the inmates.
Chilcote was initially charged with one count of providing contraband (a non-controlled substance) to an inmate. A second more serious count was added that prohibited alcohol or drugs for the inmates.
Chilcote, through Huntingdon attorney Gregory Alan Jackson, then posed a challenge to the charges, contending tobacco is not a prohibited substance under either of the charges brought against Chicote.
According to the Superior Court, the prosecution responded, contending "that since tobacco contains nicotine, and nicotine can cause illness or death if ingested in large enough quantities, it is a poison, and poisons are expressly included as substances prohibited by the (statutes) charging Chilcote."
A year ago, a hearing was held concerning the challenge to the alleged offenses.
Dr. John G. Shepherd, a professor at the North Carolina School of Pharmacy who specializes in clinical toxicology, testified.
He analyzed the danger posed by the nicotine in the amount of moist snuff contained in the can which was allegedly brought into the prison by Chilcote.
He concluded: "Simply eating a full can of tobacco would not be fatal, but it wouldn't be a pleasant experience. It would likely cause vomiting."
He reviewed ways a person could extract the nicotine for concentrated use, finally concluding, "It is my opinion that there is enough nicotine in a single can of moist snuff to cause harmful effects.
"It's really the dose that defines whether a substance is going to be a poison or not," he continued.
"It's the dose that makes the poison," he concluded.
A large amount of nicotine is potentially life-threatening, he explained.
He pointed out a large amount of water or other substances could also be harmful.
It is this point that the Superior Court seized on.
It noted that Zanic concluded that under the prosecution's definition of a poisonous substance, the possession of toothpaste, which contains fluoride, would be considered contraband.
"The commonwealth's proposed construction (of the law) would violate the presumption that the General Assembly does not intend absurd results by rendering criminal the delivery of any substance including fluoride toothpaste and potable water, whose constituent components may be toxic in large quantities."
The Superior Court opinion written by Judge John T. Bender concluded "tobacco is not poison, and it is, therefore, not contraband under the statute. ... Accordingly, the Commonwealth's argument fails."
Judges Deborah A. Kunselman and Maria McLaughlin joined with Bender in upholding Zanic's ruling.
The opinion points out that SCI Huntingdon is a tobacco-free facility, meaning that neither the inmates nor the staff can possess or use tobacco while there.
Chilcote's attorney could not be reached for comment.