Godlike Productions - Discussion Forum
Users Online Now: 2,740 (Who's On?)Visitors Today: 459,421
Pageviews Today: 1,562,895Threads Today: 463Posts Today: 10,314
09:00 PM


Rate this Thread

Absolute BS Crap Reasonable Nice Amazing
 

Woman convicted for letting 18-month-old toddler smoke pot

 
Al F. Dup
01/18/2005 03:29 PM
Report Abusive Post
Report Copyright Violation
Woman convicted for letting 18-month-old toddler smoke pot
By CLAIR JOHNSON
Of The Gazette Staff

A federal judge this week convicted a Gardiner woman who encouraged her toddler daughter to smoke marijuana.

U.S. District Judge Richard Cebull Wednesday found Jessica Durham, 23, guilty of distributing marijuana to a person under the age of 18 years.

Durham will be sentenced April 20 by Senior U.S. District Judge Jack Shanstrom. She faces up to 10 years in prison and a $250,000 fine.

Crime photographed

Cebull´s ruling comes after a one-day bench trial on Oct. 27 in which a key prosecution witness described how she photographed Durham holding a water pipe while her 18-month-old daughter put her mouth over the top. The water pipe, called a bong, allows smoke to be drawn through water into a glass tube and inhaled.

The witness, Brandi Nichols of Gardiner, turned Durham in to authorities along with the photographs. The photographs were entered as evidence.

Durham did not testify at her trial, and the defense called no witnesses.

Defense attorneys Robin Hammond and Zachary Cain argued that there was no proof that marijuana was in the bong. And they suggested that the photographs could be of Durham taking away the bong rather than offering it to her toddler.

Further, the attorneys said Nichols, an admitted marijuana user with a felony drug conviction, was not a credible witness. And they questioned whether the case was distribution within the meaning of the statute.

Cebull ruled that distribution does not need to be for pay or profit. The 9th U.S. Circuit Court of Appeals has held that sharing of drugs constituted distribution, his order said.

Witness credible

Cebull also found that Nichols´ testimony as a witness was credible.

"Brandi Nichols stated she saw (Durham) light and give a water bong to her daughter … to inhale. Brandi testified that she smoked from the bong as well and that from her knowledge and experience with marijuana, the bong contained marijuana,´´ the judge said.

Nichols testified at trial that she and Durham, whom she had helped move to Montana in the fall of 2003, had smoked marijuana "a good handful´´ of times at Durham´s residence in Gardiner.

In early February 2004, Durham, who was estranged from her husband, was moving to Washington with her mother. Nichols testified that she was helping Durham pack on Feb. 3 when she entered Durham´s residence, hugged the toddler and sat on the couch. Next to the couch was a 2-foot-tall bong.

Nichols said the toddler ran for the bong and that she tried to wave her away. "She threw the only fit I´ve ever seen her throw,´´ she said.

Durham told Nichols that her daughter wanted the bong and proceeded to light the residue in the pipe. Nichols said Durham sucked marijuana smoke up through the water into the pipe and gave the bong to her daughter. "She (the toddler) put her mouth on it and took a big hit,´´ Nichols said.

Nichols then took a turn inhaling from the pipe, Durham smoked again and gave her baby the pipe again. Nichols testified that she got a buzz off the smoke, went outside and got sick. "I was freaking out,´´ she testified.

Nichols went home upset at what she saw and told her boyfriend what had happened. He told her to go back and take photographs because "nobody would believe us,´´ Nichols said.

Nichols returned with a digital camera. Durham, she said, suggested it would be "cool´´ if they had pictures of the baby smoking a bong and that she wanted to send a picture to High Times, a marijuana magazine.

At trial, Assistant U.S. Attorney Marcia Hurd displayed a series of pictures taken by Nichols. One showed a little girl in a pink Winnie the Pooh shirt and pants and Tigger slippers holding onto the bong with her hand and face close to the top of the pipe. Durham was seated on a couch smiling and holding the pipe with one hand.

Nichols testified that Durham told her she let her child smoke marijuana because she wasn´t eating or sleeping enough.

Nichols said that after Durham left, she called her former state probation officer, whom she trusted, told her what happened and e-mailed her the photographs. She also reported the incident to the Livingston Police Department.

Law enforcement officers arrested Durham in Butte, where her vehicle had broken down, and placed the toddler in foster care. The child has since been placed with relatives.

A test of the toddler´s urine seven days after she allegedly smoked marijuana was negative for the drug, witnesses said.

Denver Cobb, a detective with the Missouri River Drug Task Force in Park County, testified that in an interview after her arrest, Durham initially denied letting her baby smoke marijuana. Then, Durham told him that she let her baby "take no more than five hits,´´ he said.

Copyright © The Billings Gazette
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
So it´s different if they are over 18 years old?
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
What´s the difference between this and smoking cigarettes 24/7 around infants?
GimmieGimmie
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
In the "old country" it wasnt uncommon for the people to give opium resin to the babies to help them with sleep and "growing pains"..

I alway´s used to ask my mom for some but she said no..
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
yes it´s fucking different. the kid is 18 months old.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
I was prescribed paragoric when I was a child for some crap that lasted a week. That stuff was good... some of you probably know why.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
Letting the kid smoke pot is no different from letting the kid inhale second hand smoke from cigarettes.

My point is that parents (or people) who smoke around infants should be fined.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
That´s right. There should be a license required to have children.
craZe
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
no kids would be great, but the vatican and the churches, and governments need them for sexual pleasure buttwhip
REAL Dave nli
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
while I think the woman who let her kid smoke the bong was STUPID, ESPECIALLY for letting someone take a pic of it, this story only goes to show you YOU CAN´T TRUST ANYONE these days.
Not long ago, this would have been considered ENTRAPMENT! I believe the NARC was probably trying to get some heat off herself and offered up her neighbor as the sacrificial lamb.
why didn´t the narc friend just tell her friend that she thought it was BAD to let her baby smoke??? Instead, she set up this elaborate trap.
a sad testament of what´s going on today.
lessons in life i suppose.

dave
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
Hahaha. After tracing some of my family tree, I can say that I am 50% Irish and 50% French.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
^was me.. poop..
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
I like kids, especialy BBQ´d..banana2
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
How could anyone let an 18 month old smoke pot!?? What a fucking waste. They can´t hold their breath very long.
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
AC 355 lol The kid must of been ripped.
scsdfvgfbfghghnd
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
the 10 month dude shuldstoner
Rev Green
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
Bet the kid had a good appetite and slept well . . .
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
fucking pot heads can´t see anything wrong as long as there´s dope involved. excuses every fucking thing. just as dumb and numb as bush nazis. stoooopid shits.
lol
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
Any idiot should know a kid that age can´t handle more than 3 hits. Sheeesh, people are sure fu#ked up!
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
give her the Pot-Bot Humanitarian of the Year Award!! no fucked up child left behind. or alone.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
This was morally wrong and most people that smoke weed faithfully (as in not to be treated as alcohol in the hands of an alcoholic) would agree that it was morally wrong.

Think about it.. it´s no different from someone pressuring someone else into smoking a cigarette because it´s "cool". Then they aren´t smoking it for pleasure. They are smoking it for the image.
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
That´s right. There should be a license required to have children.




lol Then none of us would be here because NO ONE can agree how to correctly raise a child. That is why Nanny 911 is so popular because we are all screw ups. But some are more screwy than others.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
What about people that have kids just to get more welfare so they can buy more drugs/alcohol?

They are a drain to society.
pho(A)m
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
I guess that´s how America works, though. There always has to be lower class, middle class, and upper class.
Anonymous Coward
12/08/2005 10:12 AM
Report Abusive Post
Report Copyright Violation
Re: Woman convicted for letting 18-month-old toddler smoke pot
I guess that´s how America works, though. There always has to be lower class, middle class, and upper class.

--------------------


Yep, that is usually how it has been worldwide. But the middle class has sometimes been left out.





GLP