Mother who gave pot to toddler sentenced

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[size=+1]Mother who gave pot to toddler sentenced[/size]

By CLAIR JOHNSON - Billings Gazette Staff - 8/05/05
Calling the crime ‘‘repugnant,'' a federal judge Wednesday sentenced a former Gardiner woman to five years in prison for encouraging her toddler daughter to smoke marijuana.

‘‘Sixty months is an appropriate sentence in this case,'' Senior U.S. District Judge Jack Shanstrom told Jessica Lynne Durham, 24, currently of Washington.

U.S. District Judge Richard Cebull found Durham guilty in January of distributing marijuana to a person under the age of 18. Cebull's verdict came after a one-day trial on Oct. 27.

A key prosecution witness was Brandi Nichols, an admitted drug user who turned Durham in after taking photographs of her 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.

Nichols gave law enforcement the photographs, which were admitted as evidence.

The incident occurred in February 2004 as Nichols was helping Durham move from Gardiner to Washington with her mother. Nichols testified that she entered Durham's residence, hugged the toddler and sat on the couch. On the floor next to the couch was a 2-foot bong.

Nichols said the toddler ran for the bong. When she tried to waive the toddler away, the child threw a fit.

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

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

Nichols went home and talked to her boyfriend about what had happened. He told her to return with a camera and take pictures because ‘‘nobody would believe us,'' she said. Nichols went back to Durham's with a camera and took pictures.

Durham did not testify at trial and the defense called no witnesses. She said nothing at her sentencing.

Federal defender Zachary Cain urged Shanstrom to sentence Durham to a year of probation with her conviction to be vacated if she successfully completed the term. He said the statute that applied dealt with personal-use quantities and that the maximum sentence by law was two years.

Cain further argued that no quantity of marijuana had been established and no tests were conducted on the residue. Tests on the child within days of the incident were negative for marijuana, he said.

Durham has been in drug treatment and has taken classes on domestic violence and parenting, Cain said.

Durham's daughter is in foster care, but Durham is working on getting her parental rights restored, Cain said.

Assistant U.S. Attorney Marcia Hurd said Durham deserved the maximum punishment, which in her interpretation of the law was 10 years in prison.

Durham admitted the offense to law enforcement officers and told them that smoking pot helped her daughter's appetite, Hurd said. Durham called her daughter ‘‘a little stoner,'' she said.

Shanstrom calculated a sentencing guideline range of 78 months to 97 months, which reflected enhancements because the child was very young and vulnerable, then sentenced Durham to five years in prison.

‘‘Jessica, this is a statute that is confusing, but I think punishment is necessary. The crime is one that is just repugnant,'' Shanstrom said. ‘‘You got a break to a certain extent.''

The judge allowed Durham to surrender to prison. She is appealing her case.

 

Damn....

That's all I have to say.

 

dude.... i somewhat agree that the woman should be penilized for allowing an 18 month child....or wait and a bit confused because i scaned it afetr eading a few sentences. maan

 

One of the few instances where arresting someone over marijuana is acceptable... Its pretty irresponsible giving an 18 month child weed. I only scaned the first part though...

The setencing is way harsh though, 60 months? Ouch... Thats like...*does math for first time in 3 months* a long time.

 

can the child achally take it in though without choking, cause when i first did them they nearly killed me, but she did give it 2 her, thats just nasty, the kid dont know what it was doing

 

i've heard of kids as young as 6, 7, or 8 years old being able to smoke with the "big kids" (irresponsible young teens who shouldn't really be smoking themselves, and give it to little kids because they think its funny or cool or whatever) and have done it enough not to cough or throw a fit too much, but i've NEVER heard of a baby being able to hit a bong....thats not at all logical....it's way too uncomfortable, and that sounds like way too much smoke for a baby, it would freak out, it wouldn't enjoy it.....thats about as logical as a baby learning to shoot up....

but then anythings possible, and hell....i dunno....i don't mind that she goes to jail for it, if its true.

 

Some people should not be parents, seriously.

 

I have know people who added alcohol to their baby's formula to "help the baby sleep".
I wonder what the judge would have to say about these people who give a deadly addictive drug to their children.
Somehow I doubt if he'd think 5 years would be a reasonable sentence.