Woman gets 25 years for mushroom sales

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motaman
old hand

Registered: 12/18/02
Posts: 6,050
Last seen: 6 months, 7 days

Woman gets 25 years for mushroom sales

#5728553 - 06/08/06 09:30 PM (20 years, 2 months ago)

http://www.recordcourier.com/apps/pbcs.d...mplate=printart

Woman gets 25 years for mushroom sales

by Sheila Gardner, sgardner@recordcourier.com
June 7, 2006

A 30-year-old Gardnerville woman was sentenced Monday to 25 years in prison for her part in the sale of one pound of hallucinogenic mushrooms.

Moments before she was sentenced by District Judge Michael Gibbons, defendant Leslie Rayann Stein asked for a new lawyer.

"Is it too late for me to request a new attorney?" Stein asked. "Mr. (Alan) Erb didn't represent me to the best of his ability. I just want to make sure this is the best I am going to get."

She must serve 10 years in prison before she is eligible for parole.

Stein admitted in April that she arranged for the sale of one-pound of the mushrooms.

According to prosecutor Mark Jackson, the infiltration of mushrooms in the middle schools and high school had been a "major problem" which dried up following Stein's arrest in March.

Jackson also said Stein had been a methamphetamine user half her life and had been selling drugs for four years.

"That's how she survived living in this community by poisoning this community," he said.

She could have received probation by providing substantial information on other cases to law enforcement. According to Erb, she didn't have information law enforcement needed.

Erb said he defended her as vigorously as he does all his cases.

"I handled this case as I have done with every case before the court," Erb said. "I looked into all possibilities, I spoke to law enforcement and outside law enforcement as to what could or could not be done."

She complained that they rarely met to go over documents or discuss her case, but Jackson said he had at least 10 meetings with Erb in negotiating the plea.

In answer to a question from Gibbons, Jackson said it would have made no difference had Stein been represented by another lawyer.

"From the outset, I made it clear this case would be charged as a level three trafficking offense. Ms. Stein had the option of going to trial on multiple charges," Jackson said.

Several felony charges were dropped when Stein agreed to plead guilty to one count of trafficking in a controlled substance.

"I never sold mushrooms before except they three times they have me on record," Stein said. "I'm a drug addict. I am not a drug dealer."

Gibbons disagreed.

"You sold drugs, you pled guilty. You are a drug dealer," he said.

Jackson referred to a statement Stein made about the loss to her 7- and 11-year-old children if she goes to prison.

"Besides giving birth, she's hardly ever been a part of their lives at all. She has no custody of them," he said.

"If these children were not enough to make her change, to stop cradling that pipe and go cradle those children, there's nothing the court can order to make her change," Jackson said.

Gibbons rejected Stein's request for new representation and advised Erb to document the case in case she files for post-conviction relief.

"Once she's out of state prison, she'll file for relief from the conviction and we'll be back in court," he said.

"The state welcomes that," Jackson said.

Gibbons said he had no choice but to sentence her to 25 years with 10 years minimum parole eligibility.

"The state Legislature considers this an extremely serious offense, a level A," he said.

The maximum sentence is life in prison.

He waived a fine, which could have been up to $500,000 under the state statute.

Stein wept as she was led from the courtroom.

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