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Registered: 07/26/04
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Illegal fungi lands woman in court [CO]
    #4612691 - 09/02/05 03:57 PM (12 years, 4 months ago)

Illegal fungi lands woman in court
September 02, 2005 - montrosepress.com

MONTROSE - A local woman was in custody Thursday, accused of possessing more than 1 gram of a schedule I controlled substance, a class-3 felony , and of carrying a concealed weapon - a contention her public defender said was out of line.

"This is in reality just a possession case," Harvey Palefsky said, in arguing for reducing bond for Abigail Cowell Thursday. "As far as I know, she has never been charged with a felony before."

Cowell was arrested late Aug. 25 at a storage area on East Main, after a police sergeant patrolling the area saw her allegedly going through some of the storage units there.

Montrose Police Cmdr. Gene Lillard said that when the sergeant contacted Cowell and checked her information, he discovered Cowell allegedly failed to appear in Mesa County for a false report complaint.

Cowell allegedly had more than 4 grams of psilocybin mushrooms, hallucinogenic fungi, and a pistol in a holster that Lillard said was concealed by her coat. When the arresting officer asked if she had weapons, she reportedly said she did.

"The real kicker is she was carrying a concealed firearm on her belt," Assistant District Attorney Mark Adams said Thursday while arguing against Palefsky's motion for a bond reduction.

Adams also said he might pursue a special offender charge against Cowell, but hasn't yet decided.

Palefsky countered that the firearm was legal and because it was on her hip holster, it wasn't concealed. Though conceding the law was the law, he also questioned the logic of Colorado's classification of psylocibin mushrooms as a schedule I controlled substance when methamphetamine is only classed as a schedule II.

Montrose County Court Judge John Mitchel declined to lower bond, however, citing a portion of Cowell's arrest affidavit as the reason, although he did not specify for the record what the affidavit said.

The affidavit remained in the courtroom Thursday and was not yet available for public viewing.

Cowell will next appear in court at 8:45 a.m. Sept. 8 to have a preliminary hearing set, at which time the court could address her bond request again.

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