Cortez Journal

Plea agreement sought in marijuana-growing case

Mar. 3, 2001

By Aspen C. Emmett
Journal Staff Writer

A Mancos couple whose accidental house fire reportedly resulted in the discovery of 44 alleged marijuana plants by firefighters appeared in district court Thursday.

Louise Peterson, 42, of Mancos entered a plea agreement on the Class 4 felony charge of cultivation of marijuana in front of Judge Sharon Hansen. The district attorney’s office offered a deferred judgment of two years on the charge, which means Peterson would not be convicted or sentenced on the charge as long as she does not violate the agreement. The plea agreement is pending Hansen’s acceptance.

The advisement hearing for Peterson’s companion, Dave Kempner, was continued until May 10.

Peterson told the judge she understood the stipulations of the plea agreement and assured the court that she would abide by them.

"I feel this is the best way to go," she told Hansen.

A violation of the plea agreement could mean expensive fines and jail time.

"It could be as much as 12 years or as little as one year," Hansen advised Peterson.

Peterson’s defense attorney, George Buck, cited a concern for the timing for which the couple would be without driver’s licenses as a penalty resulting from the case. Buck said that because the couple’s business, International Palate, required someone to obtain groceries, at least one of the two needed to be mobile to support the necessities of the business.

"They’re the only two who can go outside of Mancos for supplies," Buck said.

Assistant District Attorney Katy Cabot told the Journal the two will probably each lose their driver’s licenses for three months.

"That’s pretty standard," Cabot said.

Hansen warned Peterson that she must show up for all of her court dates or else a bench warrant will be issued.

"As long as you comply, in two years the matter will be dismissed," Hansen told Peterson.

There was no hesitation on Peterson’s part to follow the court’s instruction.

"If I have to walk here I’ll be here," Peterson said.

The fire that revealed the alleged marijuana plants was an electrical fire started from an overloaded outlet at the rear of the couple’s house just days before Christmas.

While combating the fire, a firefighter broke through a locked door to get to an affected part of the wall in an upstairs bedroom. There the fireman reportedly observed plants, lamps and fertilizer and a small water pipe.

Initially, Peterson and Kempner claimed that they did not know of the plants until that date in question.

Copyright © 2001 the Cortez Journal. All rights reserved.
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