Pubdate: Thu, 12 Dec 2002
Source: Bristol Herald Courier (VA)
Copyright: 2002 Bristol Herald Courier
Contact: http://www.bristolnews.com/contact.html
Website: http://www.bristolnews.com/
Details: http://www.mapinc.org/media/1211
Author: CHRIS DUMOND

COUPLE SEE SENTENCES EFFECTIVELY DOUBLED

ABINGDON -- A decision was delivered in U.S. District Court here Thursday 
that established lengthy prison terms for those who endanger children 
through the manufacture of methamphetamine. Roy Turner, 41, and his wife, 
Brenda Turner, 39, both of Clinchport, had their sentences effectively 
doubled by Judge James P. Jones.

Both pleaded guilty earlier to conspiracy to manufacture the drug.

In a November 2001 raid, it was found that the two were making the 
synthetic stimulant in the same Scott County trailer home where they lived 
with their two children, prosecutors said.

The judge ruled that the children potentially could have been harmed. The 
manufacture of the drug can trigger explosions and fires, and some of the 
ingredients are toxic.

Assistant U.S. Attorney Eric Hurt said that although the sentencing 
enhancement has been available by law since late 2000, Thursday was the 
first time it had been used here.

"When children are involved, the sentencing guidelines allow for vastly 
increased punishment," he said. "We're sending a message that we're going 
to prosecute you federally if you put kids at risk. We're coming after you."

Roy Turner, who pleaded guilty to a related firearm charge as well, was 
sentenced to 19 years in prison. His wife was sentenced to 18 years and one 
month behind bars.

Court-appointed defense attorneys for the Turners contended that no harm 
had been done to their children, who were 17 and 11 at the time.

Dennis Jones, who represented Brenda Turner, said the government did not 
produce enough evidence to warrant the 8½-year sentence increase handed his 
client.

He said no medical tests ever were done on the children and that the harm 
merely was inferred.

"With that type of added enhancement, we believe that it would require more 
than an inference," he said.

Hurt said it was clear that the chemicals used to make the drugs were toxic 
and flammable.

An agent for the Drug Enforcement Agency testified that when the home was 
raided chemicals were found stored in open containers less than 30 feet 
from the children's bedrooms.

He said gases produced during the manufacturing process could cause 
permanent damage to the lungs, liver, kidneys and brain.

A video taken at the time of the raid showed chemicals stored in open 
pickle jars and lab equipment mixed with clutter in the trailer.

Judge Jones said the evidence clearly showed that the Turners' children 
were at risk.

"The likelihood that these extremely dangerous chemicals were properly 
stored to protect these children -- one of which was 10 or 11 -- is 
unbelievable," he said.

When defendants enter into plea agreements with the government, their right 
to appeal their sentences typically is waived; however, Roy Turner retained 
that right.

Hurt said he believed Turner will demand an appeal to the Fourth Circuit of 
Appeals in Richmond.

The appeal must be filed within the next 10 days.

Brenda Turner also is to appear in court again -- on charges she tried to 
hire someone to kill her original attorney, Wade Compton, while she was 
being held at a regional jail in Dublin.

She has been set to appear before Magistrate Judge Pamela Sargent on Dec. 
19. Her trial has been set tentatively for Jan. 7.
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