Legal Commentary

Ex-NFL Player Sentenced to 3 Yrs, for Trafficking, Local Prosecutor Faces a Year or More For Use

By Jeralyn

Former NFL player Travis Henry was sentenced in Montana today to three years in federal prison. He was caught with six kilograms of cocaine. Great job by his defense attorney (Disclosure: he's the TL kid's boss.) Coming up in Montana federal court tomorrow: How much jail time will a state prosecutor get for buying cocaine and using it with friends at parties at his own home?

Robert Eddleman and his significant other, Terri Jabs Kurth, the daughter of well-known Denver furniture mogul (Jake Jabs is a ubiquitous presence on late night local tv) were charged and pleaded guilty in federal court in Montana to maintaining a home where drugs were used. There were no allegations they sold the drugs.[More...]

The U.S. Attorney is asking for extra time for Eddleman saying he once refused to prosecute a case involving an associate with whom he got high. Eddleman's lawyer says due to the conflict and what he considered an illegal search, he referred it to another county.

From documents on PACER, the evidence against them was:

1. In August 2007, the Drug Enforcement Administration (DEA) and the Montana Division of Criminal Investigation began to investigate D.B. for trafficking cocaine in Billings and Red Lodge, Montana;

2. During the course of the investigation, the authorities learned that the Defendant had purchased cocaine from D.B. over a period of several years and engaged in the recreational use of the cocaine.

3. In September 2008, the authorities interviewed various friends and acquaintances of the Defendant. Those people confirmed that the Defendant and his female companion hosted parties at her homes in Billings and Red Lodge where cocaine was used during the time period alleged in the indictment.

I have no sympathy for prosecutors who seek to put people in jail for illegal activity they engage in themselves, but I still think this is hardly a federal case, it doesn't warrant prison time and revoking Eddleman's bond when he pleaded guilty in March was over the top. As for Jabs Kurth, if she doesn't get jail time, will it be because she was less involved or because she agreed to forfeit $50,000? And how do you reconcile 3 years for a multi-kilogram cocaine trafficker, a year or more for someone who partied at home and never sold the drug, and probable probation for his partner who did the same thing but gave the Government money?

Our drug laws make no sense, especially when they are applied in such an uneven manner, and when sentencing is determined through plea bargains according to the wishes of the prosecution.

Full post as published by TalkLeft on July 15, 2009 (boomark / email).