Pubdate: Tue, 01 Aug 2000
Source: Cincinnati Enquirer (OH)
Copyright: 2000 The Cincinnati Enquirer
Contact:  http://enquirer.com/editor/letters.html
Website: http://enquirer.com/today/
Author: Sheila McLaughlin

OFFICIAL'S SON MAY GET PLEA DEAL

Crisenbery case focuses on pot plants

LEBANON — Felony drug charges against the adult son and daughter-in-law of
Warren County Commissioner Larry Crisenbery could end in a plea bargain
before the case gets to a grand jury.

As Steven and Tommie "Lynn" Crisenbery's 15-year-old daughter was set to
testify Monday that her parents grew and sold marijuana, the couple's
defense lawyer asked for a continuance of the preliminary hearing.

Lebanon Municipal Judge Mark Bogen reset the hearing for Aug. 21 after the
Crisenberys' attorney, William Kaufman, said he was negotiating a plea with
county authorities and a special prosecutor from Hamilton County.

"I don't know if things will work out or not," Mr. Kaufman said outside the
courtroom.

In what he called an unusual move, Mr. Kaufman said sheriff's officials have
agreed to show him the evidence against his clients — information not
usually disclosed to defense lawyers until after a grand jury review of the
case.

"I don't think the state of Ohio is agreeing to do anything they would not
do (for anyone else)," Mr. Kaufman said with regard to whether the
Crisenberys were receiving preferential treatment.

"I assume the state is interested in getting something more than just a
misdemeanor."

Sheriff Tom Ariss said on Monday he is keeping distance from the case, and
has not discussed it with the Cri senberys. Prosecutor Tim Oliver was not
available for comment.

However, the head of the Warren County Drug Task Force, John Burke, disputed
any contention that the Crisenberys were getting special treatment.

"If this was a Joe Blow, people wouldn't think anything of a plea
agreement," Mr. Burke said. "We discuss these things all the time."

The Crisenberys, both 40, were arrested July 13 after members of the Warren
County Drug Task Force raided their East Warren Street home and said they
found two large marijuana plants growing in the back yard and equipment for
growing marijuana in the basement.

Police also seized three small bags of marijuana, seeds, smoking
paraphernalia and a portable scale from a pickup truck on the property,
court records show. Altogether, including the total weight of the plants,
police confiscated about 37 pounds of marijuana.

Mr. Crisenbery is charged with cultivation of marijuana and preparation of
drugs for sale, both felonies. Mrs. Crisenbery faces a felony charge of
complicity to cultivation of marijuana. Each charge carries a prison term of
one to five years.

Mr. Kaufman has disputed that Mr. Crisenbery was selling the marijuana.

He said the amount of marijuana found at the home was questionable, because
the weight included the stalks of the two plants as well as their root
balls.

He said state law allows a suspect to raise a "personal use" defense if he
is charged with possessing between 200 and 1,000 grams of marijuana.

"One mature plant can be more than that," he said. "To say there was
commercial activity, by the weight that was found, is a stretch."
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