Marshall County Drug Task Force Methods Called Into Question
A convicted Marshall County drug dealer’s attorney argued Tuesday against the Marshall County Drug Task Force’s tactics in arresting his client.
Brooke Hayes, 34, of Moundsville appeared before Circuit Judge Jeff Cramer for sentencing after pleading guilty to one count of delivery of a controlled substance. Her attorney, Kevin Neiswonger, asked Cramer to consider a lighter sentence in light of repeated messages sent from the confidential informant involved in Hayes’ arrest asking Haynes to sell her prescription medication.
“On its face, I’ve probably never seen a better case for an entrapment defense,” Neiswonger said. “Quite honestly, what the confidential informant did at the request of the drug task force was absolutely wrong, and it’s terrible.”
An entrapment defense was not used in Hayes’ case due to a previous conviction for delivery of a controlled substance and conspiracy, which indicates a predisposition to the commission of the crime. At the time of her arrest, Hayes was on probation after serving eight months in prison.
“This confidential informant, who happened to be the same informant in every one of these cases, continued, to the point of harassment, to contact Ms. Hayes over, and over and over again to get her to sell a pill. Ms. Hayes kept on saying no, putting the informant off, making excuses, knowing that she was on probation,” Neiswonger said. “Only after their continued insistence, from someone she thought was a friend, did she relent and sell one and a half pills.”
However, Cramer pointed out Hayes had essentially committed the same crime for which she was on probation.
“This is not your first felony. This is your third felony,” Cramer said. “In essence, you were caught dealing drugs while you were on probation for dealing drugs. While I understand the confidential informant harassed and texted you numerous times to get you to give her these pills, at the conclusion of the sale of these pills, which you took money for, you had her break off half a pill so you could use it yourself — another violation of your probation.”
Cramer pointed out that should the state successfully file to revoke her probation, Hayes could face two to 19 years in prison, the full balance of her previous sentence.
Hayes was sentenced to one to five years in prison, with a possibility to reduce the sentence after serving eight months.
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