blank'/> Liberally Lean From The Land Of Dairy Queen: Decatur Dope Trial Update

8.12.2009

Decatur Dope Trial Update

Man, this is a weird one. Although I'm dangerously unaware of a lot of the facts, the jest of the case is this: A search warrant is run on the defendant's house (where she may or may not have been living since her husband died). Cops find a substance that might be methamphetamine and some vials of morphine (the vials have a doctor's name on it.) The best I can tell, the stuff was found in either a safe or a lockbox that, I think, the cops had to break into. The case gets indicted for Possession of Intent to Deliver Methamphetamine of 4-200 grams. Here's the part I'm not sure about: I think the case was indicted and filed before the lab report came back (I think that's nuts, but I've seen it happen.) Anyway, the lab comes back negative meaning that it was not methamphetamine after all. But the morphine was in fact morphine. So the prosecution amends the indictment to change "methamphetamine" to "morphine." But the case really sucks. First, morphine is just a weird drug to illegally possess. In fact, this may be the first one I've ever heard of in Wise County. Secondly, the defendant's husband had multiple hospital stays where he legally received morphine injections. The nurse's notes even indicated he requested morphine at the hospital in lieu of other pain killers. So although it would be illegal for the husband to later possess the morphine without a prescription (he didn't have one -- the doctor whose name was on the vials had never heard of him), it's not exactly the crime of the century. More importantly, the fact that the husband illegally obtained the morphine doesn't mean his wife/defendant possessed the morphine. The defendant, 51, testified yesterday that she basically moved out of the house when her husband died and she had not moved a thing. She says she had no idea there was morphine in the safe, that he ran the house, but that he was in excruciating pain over the last couple of years of his life. The place was a dump, she's dirt poor, and she is the most pathetic looking soul you've I've seen in a long time. She has no prior felony convictions. The jury might just cut her loose. But she is a heck of a gambler. If convicted, the range of punishment is 5 to 99 years/life in prison (more proof the War on the Drugs is stupid). The DA's office, realizing the case has a number of issues, offered her 5 years deferred adjudication probation to the lesser offense of a State Jail Felony. (That means if she successfully completed the probation, she wouldn't have a conviction. If she screwed it up, the maximum sentence would be 2 years.) But she turned the plea bargain down!! Developing . . . Edit: The jury found her "not guilty" Edit #2: I'd like to point out that the DA is of the strong opinion that I left out many relevant facts and, had I revealed those facts, it would be clear that the case was worthy of having a jury decide as opposed to dismissing it. (For instance, a small amount of methamphetamine was found next to the morphine, that a scale(s) were found in the home, and there were remnants of a possible methamphetamine manufacturing process. )

52 comments:

Anonymous said...

Our local DA's office has gone nuts! Our Goverment is out of control. Local, state and national.

mzchief said...

To Barry...
You did mean to type "gist" rather than "jest," correct?

Anonymous said...

Crush the little people, they fit under the jack boot of the State easier.

House of R and R said...

So, even if a person is truly innocent of the suspected crime the police arrest them for that person is just suppose to sit back and accept whatever punishment is thrown at them? WOW. That's scary.

This just goes to show that a person is actually GUILTY until proven INNOCENT.

wordkyle said...

No confidence in the state's ability to exonerate the innocent, counselor? I'd be interested in knowing what provoked the search warrant, and what did they present to the judge to justify it?

P.S. How does wide latitude in the severity of punishment prove that the War on Drugs is stupid?

Anonymous said...

Just one more example of the 'Long Arm of the Law' where they had no business. Maybe the defendant thinks she may fare better in jail than where she is now, since she has nothing anyway. How sad!

Anonymous said...

I had morphine in my house once, initially unbeknown to me. My mother, of whom I was the primary caretaker, was receiving hospice, and they had left a "comfort kit", which was to be opened by me upon their direction. I had it hidden for a long time (she did quite well on hospice - she was supposed to die within 6 months), and when the time came, they were there when I opened it, and I'll be damned if there wasn't a bottle of morphine in there. I was instructed to give her a dropper full when she became agitated, and once she tasted it, she became agitated frequently, although by that time, she could not communicate verbally.....I hope I didn't overdose her....they told me there wasn't enough in the bottle to kill her, so I felt a little better, but will always wonder. She went peacefully, and that was all we wanted, but it freaked me right the hell out that I had that shiate in my house for almost a year, and didn't even know it. The night she died, I called hospice, because they had authority to declare death, and I gathered up all the drugs she had and gave them to the nurse. He, of course, filled out an inventory list, of which I signed, and he swore they would be destroyed. I really wonder if they were, because he told me he was a recovered drug addict.

I am for euthanasia - she begged to be put down long before all this happened, and since time has passed, I really wonder if that wouldn't have been the best thing for all of us. I am still recovering from that ordeal.

Soylent Green, Baby! RIP, Mom.

Anonymous said...

Waste of taxpayers time and money. If she was indeed a drug addict there wouldn't have been any morphine left.

Anonymous said...

Where was the Grand Jury on this?

HHL said...

it is absolutely ludicrous that the state is pursuing this prosecution. really unbelievable.

Denney Crane said...

The DA is a RDA for prosecuting this case... another example of wasting taxpayer time and money.

Anonymous said...

"If she was indeed a drug addict there wouldn't have been any morphine left."

A-freaking man, 9:44AM........oh, and duh!

I know of a family, whose husband/father was convicted of coke possession back in the heyday of "Just Say No", and despite his wealth, value to the community, (he was a high school science teacher, therefore an example to be set), yada yada, got caught and sent to prison for life, despite no priors. His son told me he thinks all the hot gods they fed his dad in prison caused him to develop cancer, and he was set free to die at home after spending almost 20 years in jail, because they (the men) didn't want to foot the bill for his health care. By that time, the family was fairly destitute, and I know for a fact that a nurse friend of mine helped him go peacefully, yet totally illegally. She had gone to high school with him, and told me that herself.

Some things are just f^cked up, and this lady's case sounds like one of 'em. My positive thoughts are with her. I hope she gets exonerated.

Anonymous said...

I have also had dealings with hospice and morphine. When everythig was over, I went with the hospice nurse and we flushed all the medicine down the toilet, she then had me sign that the drugs had been destroyed under her signature.

Anonymous said...

In "Ulysses" Alfred Lord Tennyson wrote, "I am part of all that I have met". Barry has met a lot of low life criminals. Wonder why he always thinks they are being mistreated? Tennyson wrote about Barry.

Anonymous said...

This lady wasnt not the sweet poor soul you think she is. This lady was 51 years old and could work just like to rest of us, instead of selling drugs.

Anonymous said...

I was a hospice nurse, and the flushing and inventory of drugs is standard with them. I agree with 9:37 totally about euthanasia. We are much kinder to our ill, elderly, and infirm animals than to our people. We mercifully assist those in misery to die a peaceful death at the vet, but we force our loved ones to suffer unbearable pain and agony. When it's my time...bring on the morphine, baby...in a lethal dose.

Anonymous said...

9:54,

You are a dumbass. Things did not go to hell until Dems took over Congress, two and an half years ago.

Blame Dodd and Frank. Known as Dood and Freak.

Anonymous said...

For all the comments prior to Barry's last edit--you are guilty of having an opinion without knowing all the facts. There were some really "iffy" problems with the defendant's story that the state knew of, and the state had no way of knowing all of her story until the trial (the state has no right to discovery of the defendant's side of the case, as such). If you heard what the state knew before trial, you would also have chosen to prosecute under our present laws (I'm not saying you would agree with the law--that's your own personal right--but if you followed the law, which the prosecutor has to do, you would have no real choice).

soz said...

my uncle just died 3 weeks ago. he was on hospice and morphine. when he died, the nurse did an inventory, the sherrif's dept showed up and noted all the the drugs, and watched her dispose of them in cat litter and water, then trash them. apparently flushing is not done anymore due to all the crap showing up in our water (or it could be a county thing, this was in austin).

my dad noted though, that all we would have had to do was just not give the bottles to the nurse when she got there, had we wanted to keep them. they sent three cops to an upscale house in austin to "witness" this disposal. seems like a waste of taxpayer money to me. it was also a bit intrusive, given the circumstances. the nurse said their decision to come was discresionary (sp) and that they usually didn't show. it was weird, especially when they told us they had a swat op going on at the same time... that said, they did a good job and tried to be as gracious as possible. until i asked the nurse if i needed to list my stash on the paperwork too. ;)

janneba said...

From experience my husband died 2 weeks ago (very traumatic) and the deputy that came was very,very nice and they took all my husbands medications to dispose of them, I was glad because he took quite a few.

Anonymous said...

Were Drugs or Alcohol involved?

Anonymous said...

Possessed "remnant's of a possible methamphetamine manufacturing process". I "possess" an attitude that wants to kill the red to green light mobile phone squatters sometimes, get ready grand jury!

House of R and R said...

Oh great...now I'll have to see a picture of this lady in order to judge whether or not she was actually guilty or not.

;)

janneba said...

If 12:50 was talking to 12:44 no alcohol or drugs were invovled he died of a heart attack I found him when I woke up. That is very traumatic

Anonymous said...

Janneba.........did you see them destroy the drugs, or put them in cat litter & water like soz was talking about, or did they just take them?

Anonymous said...

Wait wait wait...we have officials that come to house when they hear of someone dying to make meds that took are being disposed of??
Is this a joke?

BTW....what's a "hot god"?
" His son told me he thinks all the hot gods they fed his dad in prison caused him to develop cancer,"

Anonymous said...

If I were sitting on the jury and heard this, "Anyway, the lab comes back negative meaning that it was not methamphetamine after all...." I would be thinking twice about a carte-blanch guilty vote from me, and would do my best to at least cause a hung jury, if not convince them to hand out a NOT GUILTY......and I'm wondering if I would ever even hear that "Oops, it's not meth" thing during the trial, since the legal system is so wacky already.

Sounds like you're defending your bosses for wasting the taxpayers' money, 11:53AM.

Oh, and about the scales, I have LOTS of scales in my house....I collect them.......should I be shaking in my boots because of that? What a crock of shiate.

Anonymous said...

I have personally arrested several people coming from this lady's residence, and they all had dope on them, and they said they got it from her residence. Not everything comes out in trials, but she will not change her behavior, and she will probably get caught again. Then we can use tax dollars again to prosecute her the next time.

Anonymous said...

State provided Attorney?

Anonymous said...

My brother died six weeks ago in a nursing home with hospice. He had been on morphine all day furnished by hospice. When he died that night, hospice was not there, did not come. So what happened to the morphine?

Anonymous said...

So everyone that buys cheap scales ( http://www.harborfreight.com/cpi/ctaf/displayitem.taf?Itemnumber=93543 ) from Harbor Freight is a doper and needs to go to trial?

Anonymous said...

3:17....it might be at this lady's house.

I guess I assumed that the nursing home collected it and put it back in the locked case. Is that not what happened?

Anonymous said...

Now I know why I love and drink so much tap water......"I went with the hospice nurse and we flushed all the medicine down the toilet. I'm a water addict. Thanks, Big Pharma.

Anonymous said...

Dog is goD spelled backwards, 2:36PM. Get it?

Anonymous said...

I have known about two different nursing home employees who were terminated and arrested after stealing narcotics like Morphine and pain killers like Oxycontin and Vicodin from patients that were too far gone to know. It apparently is a common thing. One of them worked at the nursing home where my mother died. The other was the daughter of a local guy here in the county of Montague.

House of R and R said...

2:36 Maybe, they meant hot dogs?

LMAO

Denney Crane said...

2:59 PM

This person may be guilty as hell, but there is no reason to prosecute her without sufficient evidence or the ability to produce sufficient evidence in court.

I have no trouble prosecuting criminals... lock them up and throw away the key. I think it's wisest to prosecute those who stand a better chance of being convicted than this one though.

DA must have thought she would take the deal...

Anonymous said...

Edit: The jury found her "not guilty"

End of story. Yay, I think, unless she really is a loser, then I would expect B will post about it when she gets caught next time,and I will feel really bad about hoping she was found not guilty.

Anonymous said...

3:24 I do not know happened to the morphine after my brother died. I hope it was destroyed, but who knows.

Anonymous said...

Who cares if they are on morphine. Once again we miss the opportunity to tax idiots. Legalize it all, tax it all, and we eliminate the mob, gangs, theifs, and we make a lot of money off idiots. But no we continue to chase down a vial of morphine....I am so glad my tax dollars chases down morphine......I'd rather educate those that want to learn.

janneba said...

The JP told the deputy to take the RX's my husband was taking to dispose of them he then called to verify what he was going to do, he called me back that afternoon and asked did I want the container they were in, I said no toss it. I have no doubt in my mind that what they were doing was on the up and up. I had no use for them and was glad it was taken out of my hands. I don't know why you people look for bad in everything that is posted on this site. The woman may be guilty of being in the wrong place at the wrong time and could not help it, some people like her can get no help at any time. We just don't know the rest of the story as Paul Harvey would say.

Anonymous said...

I know this lady personally. She is not the poor soul you say she is Barry. Why don't you move next to her in Newark. See how many cars come and go from her residence. She has lived there since her husband has passed away. Hell I have complained to the Sheriffs Office more than a dozen times about activity going on there. Stolen cars, Drugs, and John Dyer. Enough said.

Anonymous said...

2:59, u (by your loneself) arrested individuals from this house. Now-a-Days requires SWAT, NARCOTICS TEAMS and a pair of handcuffs. How is your conviction rate now on them there cases? PERSONALLY is a big word, tell us again how that went.

Old Timer said...

11:40, you are the dumbass, you can't even get your response in the right post. So much for your opinion!

Anonymous said...

"The JP told the deputy to take the RX's my husband was taking to dispose of them he then called to verify what he was going to do, he called me back that afternoon and asked did I want the container they were in........so, like you didn't actually see the drugs being destroyed, you just bought the story of "wanna see the empty container" trick?

janneba said...

This is totally unreal, no wonder Wise county has the reputation it does.

Anonymous said...

You folks have no idea, she is a known and admitted drug dealer, she lied and will continue to do what she has done for years..she took her dying husband's meds & sold them. She takes in folks that manufacture drugs & break into your house & businesses. She is a creature of survival but rather than be law abiding, she takes advantage of those who are addicted & needy. Wake up people!

Anonymous said...

I dropped some drugs off to that guy. He is not really a drug disposal specialist? DAMN!!!!! I needed those drugs. That was how I was gonna pay off those disrupters at those town hall meetings! Rush has been my biggest customer so far. Rush would vote for Obama if drugs are involved.

Anonymous said...

If we would stop recycling criminals then there would be fewer police officers, fewer jailers, fewer layers, fewer judges, fewer jails, etc. The system encourages criminal activity and rewards it. At the end of this sewage system are the exit doors to our jails and prisons. The criminal justice system is probably the biggest business in America. The woman who walked yesterday is an example of the raw sewage that runs out of a leaking pipe. Thru her success in playing the system, others will be converted to her way of life.

Anonymous said...

11:40, So glad you are not a dumbass and have all the answers. It is people like you that keep this country so great. Do you have a daily Limbaughtomy to keep you so sharp?

Denney Crane said...

1:54 AM

The last thing I would do if I wanted to make my point, is to defend the likes of Barney Frank and Chris Dodd! http://www.youtube.com/watch?v=Yga7TlsA-1A

The entire world knows that Frank's position on the House Financial Services Committee and Dodd on the Senate Banking Committee were responsible for the oversite and implosion of Fannie Mae and Freddie Mac! Hell, Dodd was the largest receipient of campaign funds from those entities.

Dumbass? Have you looked in the mirror lately... Just keep collecting you check from ACORN and spread your crap... a piece of crap is more informed than you.

Anonymous said...

I think the picture of the guy with the police drug drop off is my wife's exhusband