A case questioning whether one or more audio tapes of a supposed drug deal existed was brought to an end yesterday in Fifth Circuit court. The two defendants in the case, Lacilee Nobriga, 22, and Tiphany Boissiere, 32, pleaded no
A case questioning whether one or more audio tapes of a supposed drug deal existed was brought to an end yesterday in Fifth Circuit court.
The two defendants in the case, Lacilee Nobriga, 22, and Tiphany Boissiere, 32, pleaded no contest to misdemeanor charges of third-degree promotion of a detrimental drug.
The two women were initially charged with felony methamphetamine-related charges, for which they could have faced up to 10 years in prison.
Defense attorneys Alfred Castillo and Dan Hempey had argued Feb. 26 that prosecutors had failed to mention the existence of at least one wire tape, bringing to question what other details may have been omitted that could have helped them represent their clients.
In light of their arguments, Fifth Circuit Judge Kathleen Watanabe had ordered police in the narcotics unit who had been involved in the bust to be deposed by the defense.
Following that, Prosecuting Attorney Craig De Costa filed a motion last week asking Watanabe to reconsider that ruling, an action that set off another objection filed by the defense.
However, by yesterday, attorneys on both sides had come to a plea agreement.
“The state is very much interested in putting this case behind it,” De Costa said yesterday, noting, “I inherited this file.”
De Costa recommended Watanabe sentence the women to 30 days in jail and a $1,000 fine, the maximum possible associated with the lessened charges. Noting Nobriga’s young age and lack of criminal history, Watanabe sentenced her to 100 hours of community service, a $500 fine and $30 victim compensation fee.
Boissiere, who had two prior drug-related arrests, was sentenced to 30 days in jail with credit for time served, having already been incarcerated for 78 days.
Watanabe sentenced her to 100 hours of community service in lieu of a $1,000 fine, after Hempey argued Boissiere’s job search had been interrupted because her identification was seized following the arrest.
Watanabe ordered Boissiere’s property to be returned by the evidence custodian.
Both Boissiere and Nobriga have 31/2 months to pay their fines and complete their community service.
Watanabe told the defendants, “I hope you appreciate the aggressive nature of your defense … and the fact that we ended up here from far worse charges. I hope we don’t see you again.”
De Costa said, “We reduced a felony, so there’s a little regret, but again, it was time to put the case behind us.”
