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Richard Grant acquitted


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June 10, 2005

Owner of West Side Club Is Acquitted of Drug-Den Charges

By JULIA PRESTON

New York Times

In a surprising upset for federal prosecutors, the owner of the Sound Factory, once one of Manhattan's hottest nightclubs, was acquitted by a jury yesterday on charges that he turned the club into a den for rampant drug use and sales.

After deliberating for little more than a day, the jury declared the owner, Richard Grant, not guilty on all three counts of conspiracy to aid narcotics distribution and providing a building for drug sales.

The prosecutors opened the trial on May 12 with lurid accounts of empty drug vials strewn across the dance floor and clubgoers collapsing from overdoses of Ecstasy and methamphetamines. To avoid drawing the police, they said, the club's security staff ran an improvised clinic where bouncers slapped and pinched unconscious patrons and doused them with cold water to avoid calling ambulances.

But the jurors were apparently never convinced that Mr. Grant condoned the drug use on his club's premises or that he was aware that some security staff members were selling narcotics and encouraging clients to use them.

A lawyer for Mr. Grant, Camille M. Abate, said the verdict was an important rebuff to prosecutors who sought to punish narcotics dealing among young Sound Factory patrons by going after Mr. Grant, who emerged during the trial, she said, as a legitimate businessman. Ms. Abate said the charges were a heavy-handed application by the government of a statute that was originally designed to catch owners of houses sheltering crack cocaine dens.

Mr. Grant's lawyers said he had been severely punished despite his exoneration. When he was indicted in March 2004, federal authorities shut down the Sound Factory, which was located at 618 West 46th Street, near 11th Avenue. Mr. Grant lost the entire business, which his lawyers valued at $3.5 million.

"The government got its way anyway by putting the Sound Factory out of business," said Kevin Claffey, who represented Mr. Grant's corporation in the trial.

Mr. Grant, 62, looking pale and speaking in a shaking voice, said he was too stunned with relief to celebrate. "Now I'm going to try to pick up the pieces, but it's like broken glass," he said. "A lot was taken away from me with the closing of the club."

Mr. Grant, a Canadian citizen, said he was likely to sue city and federal authorities to try to recover his legal fees and some of his losses.

Randell Rogiers, a Sound Factory security staff member, was also acquitted after the four-week trial in Federal District Court in Manhattan. Judge Barbara S. Jones threw out two counts against the defendants.

It was a sober ending for the Sound Factory, a huge club on the Far West Side that was once renowned for theme parties lavishly produced by Mr. Grant that kept patrons dancing all night and into the day. Mr. Grant, who testified in his own defense, acknowledged under questioning by a prosecutor that club drugs like Ecstasy and GHB were frequently used by clubgoers.

The prosecutor, Benjamin M. Lawsky, recalled the drug overdose deaths of two Sound Factory patrons.

But the government's case apparently failed when its main witness, Ronald Coffiel, the club's former chief of security, suffered a blow to his credibility. Mr. Coffiel admitted in court that he had stolen from Mr. Grant by secretly skimming as much as $40,000 over a two-year period from the club's entrance fees. That testimony threw doubt on his claims that he kept Mr. Grant completely informed about the secret drug trade on the premises.

Mr. Coffiel pleaded guilty in February to three narcotics counts and cooperated with the government.

Mr. Grant's lawyers presented an order from a New York State judge requiring tightened antidrug security procedures at the club. Mr. Grant had sent it to Mr. Coffiel, adding a handwritten message: "Follow these instructions to the letter."

The defense also presented photos and documentary film footage from inside the club that it said countered the prosecutors' contention that drug use was ubiquitous and always visible.

Ms. Abate was fiercely critical of the prosecution and the law it tried to apply. "This statute is so vague that anyone who opens their door to young people who like music has to fear being prosecuted," she said. "The case was started by an attorney general who frowns on dancing," she said, referring to John Ashcroft.

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its funny i see a few of you cheering and saying good for him but you wernt singing such a tune when he got rid of Jp and brought in JV and 2 months later the club was shut down...you were all ready to burn the man at the stake....but im glad he got cleared i guess kinda knew it was gonna happen people with alot of money usually dont do prison time and thats just the way it is... :dj:

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its funny i see a few of you cheering and saying good for him but you wernt singing such a tune when he got rid of Jp and brought in JV and 2 months later the club was shut down...you were all ready to burn the man at the stake....but im glad he got cleared i guess kinda knew it was gonna happen people with alot of money usually dont do prison time and thats just the way it is... :dj:

We are cheering cause the man was acquited on all charges blaming him for the drugs and everything else that went on in there. The truth of the matter is regardless if the dood brought talent no one wanted, its the fact that the city LOST.

THATS RIGHT YOU FUCKIN SHIT EATING ASS LICKING PIGS YOU LOST!

That is the cause for :party: left and right. It means the RAVE act failed!!! I mean we all know people do drugs and sell them at clubs its just not right to try to put all that on one man.

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its funny i see a few of you cheering and saying good for him but you wernt singing such a tune when he got rid of Jp and brought in JV and 2 months later the club was shut down...you were all ready to burn the man at the stake....but im glad he got cleared i guess kinda knew it was gonna happen people with alot of money usually dont do prison time and thats just the way it is... :dj:

i could care less who the dj was...i was pissed that i lost a place to buy, sell and do party favors...

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now why on earth would you post something like that

stupid posts like this is one of the reasons why sf got shut down to begin with

sure...not the 100000000000000000 ppl who od'd...or the ppl who were caught DOING drugs...BUYING drugs...SELLING drugs...my written posts on the internet...

ur and idiot..

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i am saying it wa spart of it

i remember it was mentioned the narks monitored the sf message board that was riddled with drug posts

unless they catch u doing it...there is NO CRIME...speaking it here will NOT get anyone in trouble...

the fact the SF never reported ppl using drugs when clearly everyone was and they never called for an ambulance to pick up ppl who od'd caused it demise...

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unless they catch u doing it...there is NO CRIME...speaking it here will NOT get anyone in trouble...

the fact the SF never reported ppl using drugs when clearly everyone was and they never called for an ambulance to pick up ppl who od'd caused it demise...

it will just bring lots of attention which later on can cause trouble

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bro, i had a chicken parm for lunch...couldn't resist :laugh:

i dont blame u....we started to early with that parm talk...on my mind all day...:laugh:

fucking crazy......in the cafeteria today they had a meatball parm for lunch :laugh:

i hope u too advantage of that :D

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