The Case of the Flying Crack Rock: A True Courtroom War Story

By: John Guidry

I had lunch today with a dear attorney friend, and we spent a good hour re-telling war stories from our days at the Public Defender’s Office. He thought it would be a good idea to write down these true events before they disappear. I agree. So, this is the story of how a piece of crack went flying through the air in the middle of a jury trial.

The Setting: At the time, I was a public defender working for the best boss ever—Joe DuRocher (R.I.P.). Back then, we would watch each other’s trials to learn. This trial was of particular interest not because the case was complex (simple possession of cocaine), but because the defense attorney was legendary. I wanted to see if he was as good as everyone said.

Did the police lose the evidence in your case?

If they can’t produce it, they can’t convict you. Call John today at (407) 423-1117.

The Setup: The Boring Part

For those who have never seen a jury trial for possession of crack cocaine—it is usually pretty simple and boring.

1. Voir Dire: Pick the jury.
2. Opening Statements: Tell them what you will prove.
3. The State’s Case: The Government calls the lead officer.

The prosecutor called the lead officer to the stand. He testified perfectly:

• “Yes, I was in Orange County.” (Jurisdiction)
• “Yes, I found the drugs in the defendant’s right front pocket.” (Possession)

The Moment of Truth: To convict someone, the State must introduce the actual drugs into evidence. The prosecutor confidently walked up to the witness stand with a sealed, brown evidence envelope containing the crack cocaine.

• The Identification: The officer examined the tape and signatures. “Yes, this is the envelope I sealed.”
• The Reveal: The prosecutor handed him a pair of scissors to open it for the jury.

The Climax: It Happened in Slow Motion

The officer cut the envelope open. But—like a Saturday Night Live skit—he flicked the envelope just enough during the cutting process. The rock of crack cocaine went flying through the air. It happened in slow motion. I swear I saw it arc over the court reporter’s head.

The officer looked inside the envelope. Empty.

• The Panic: The Judge called an immediate recess.
• The Search: Suddenly, highly paid prosecutors, bailiffs, and court personnel were on their hands and knees, crawling around the dirty courtroom floor, looking for a piece of crack no bigger than a regular M&M.

The Ethical Dilemma: I watched the defense attorney make a “half-hearted” effort to look under the table.

• Thought Bubble: Is it ethical for him to help? If he finds it, he hands the State the evidence needed to send his client to prison. Is that Ineffective Assistance of Counsel?
• (Spoiler: He didn’t find it).

The Result: Case Dismissed

The crack was never found. Without the physical evidence, the State could not prove the substance was cocaine. The Judge had no choice but to dismiss the charge. To this day, there may still be a piece of crack cocaine hidden somewhere in the carpet on the sixth floor of the Orange County Courthouse.

John’s 2026 Update: Fentanyl & The “Empty Bag” Trial

Note: In the old days, we handled drugs in court. In 2026, that is considered a biohazard.

1. The Fentanyl Safety Protocol In 2026, officers rarely open drug envelopes in court.

• The Risk: A tiny amount of Fentanyl dust can overdose a juror or judge.
• The New Procedure: The drugs stay double-sealed in plastic. The jury usually sees Photographs of the drugs or the sealed bag itself, but the “Show and Tell” moment of cutting it open is gone.

2. “Destruction of Evidence” Defense Even without the flying rock, police lose evidence all the time.

• The 2026 Reality: With body cams, we can see exactly when the drugs were found. If the video shows a baggie, but the Property Room cannot find it 6 months later for trial, we file a Motion to Dismiss. The State cannot convict you based on a memory; they need the physical object.

3. Field Test Kits are Trash In the story, the rock was the only proof.

• The 2026 Update: Police rely heavily on “Field Test Kits” (the pink/blue liquid tests). These are notoriously inaccurate (often mistaking donut glaze for meth).
• The Strategy: We never accept a Field Test. We demand a GC/MS Laboratory Test. If the lab loses the sample (or it flies across the room), the Field Test alone is not enough to convict in a jury trial.

The Evidence Must Be Present

This story is funny, but the legal principle is serious: The State has the burden of proof. If they fumble the ball—or flick the evidence across the room—you go home.

Call me at (407) 423-1117. Let’s see what else they lost.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.