Pubdate: Wed, 27 Feb 2002
Source: Daily Herald, The (UT)
Copyright: 2002 The Daily Herald
Page: A1
Contact:  http://www.harktheherald.com/
Details: http://www.mapinc.org/media/1480
Author: Debra Jandreau
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

CHARGES DROPPED AGAINST WOMAN ACCUSED OF SMUGGLING DRUGS TO INMATE

PROVO -- A 4th District Court judge has ruled that law enforcement officers 
used entrapment to get a former Utah County jailer to accept drugs for an 
inmate.

Judge Ray Harding Jr. 's ruling validated defense attorney Gary Weight's 
claim that undercover agents tried to mislead 31-

year-old Melissa Sprague into thinking she would be taking creatine (a 
muscle enhancer), when they gave her methamphetamines.

"Whatever Sprague's intention, this court finds that placed in this 
situation by the police, confronted by a stranger demanding her acceptance 
of the drugs, the defendant acted out of pressure to escape," Harding wrote 
in a ruling issued Friday in which he dismissed all of Sprague's charges.

Sprague had only been employed as a deputy for about a year when she 
developed a personal relationship with an inmate. She eventually admitted 
to smuggling cookies, candy and other personal items to him.

During an evidentiary hearing, Weight said Sprague had no intention of 
bringing drugs to the inmate and asked Harding to review recorded audio and 
videotapes of the transaction and police interviews.

"As I read through the ruling, I found that Judge Harding carefully and 
methodically examined all the evidence and facts," Weight said Tuesday. "It 
was well thought out and we're satisfied with the decision."

Sprague was arrested in June and charged with first-degree felony 
possession of a controlled substance with intent to distribute after she 
took an 8-ounce bag of methamphetamines from an undercover officer working 
with the Utah Major Crimes Task Force.

Utah County Deputy Attorney David Clark said he was surprised by Harding's 
ruling.

Clark said during the evidentiary hearing that officers did not induce 
Sprague to take the meth but offered her every opportunity to avoid the deal.

"We definitely plan to appeal this," Clark said.

Clark said prosecutors have 30 days after the ruling to appeal the case to 
the Utah Attorney General's office.
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