Thu, Nov 26 2009
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Donohue is named in probable-cause charges of possession of a controlled and dangerous substance with intent to deliver, not having a state tax stamp on tobacco products, and operating an unlicensed pharmacy. Deputies reportedly seized items that included 2,000 Soma pills, at least 27,000 boxes of untaxed cigarettes, a quantity of marijuana, 25 to 30 firearms, $17,000 in cash and a number of vehicles after serving search warrants last week at the Enyarts’ residences and two storage buildings. They estimated the total value of the items seized at $500,000. Bryce Lair, an assistant district attorney, said the large volume of evidence has slowed the investigation down. “My investigators are so busy counting all the evidence, they haven’t even had a chance to write reports,” he said. The Enyarts and Donohue are members of the Seneca-Cayuga tribe, according to Chief Paul Spicer. When Norman Enyart opened the pharmacy in 2004, he was given a pharmacy license and permission by the tribe’s previous administration to do business on tribal land, Spicer said. He also was allowed to operate JR’s Smoke Shop out of the same building on tribal land north of the Cowskin Bridge. “The premise of the whole thing was there would be prescription medications available to seniors at our tribe for reduced or no cost in exchange for the license,” Spicer said. Said Lair: “There was a lot of confusion because of the Indian license.” Spicer said the tribe tried to take action against Norman Enyart about a year ago, after learning that the pharmacy allegedly was selling Soma. But it wasn’t until the operation’s only licensed pharmacist quit six months ago that the tribe was able to revoke the license, he said. “To revoke a license or lease without cause would be tortuous interference,” Spicer said. “We have to respect contract laws just like anybody else.” Spicer said the tribe also received a ruling in tribal court about a month ago to evict Norman Enyart from his lease on the tribal grounds for nonpayment of rent. “We wanted him off the land,” he said. “Basically the tribe said if he left immediately, we wouldn’t pursue the back rent.” Once Norman Enyart was evicted from tribal grounds and allegedly began running the pharmacy out of his brother’s home, state authorities had jurisdiction in the matter and conducted the search. 
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