Pubdate: Wed, 22 Jan 2014
Source: Chico Enterprise-Record (CA)
Copyright: 2014 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Ryan Olson

CONCOW WOMAN GETS PROBATION FOR POT, CHILD ENDANGERMENT

OROVILLE - A woman was placed on four years probation Tuesday on
marijuana and child endangerment charges for conditions at her
Concow-area house in 2011.

Butte County Superior Court Judge Robert Glusman handed down the
sentence for defendant Daisy Jean Bram, 33. Terms included 78
additional days in jail, completing a child abusers treatment
counseling program and restrictions on drug use, including medical
marijuana.

Outside of court, Bram said she would take her licks, but asked what
the benefit was of additional jail for a first-time offender to
herself, her children or the public.

"I'm kind of stunned," she said.

Bram was concerned the jail term would interfere with her reuniting
with her three young sons - 15-month-old Invictus, 31 2-year-old Thor
and 2-year-old Zeus. She currently has daytime visitation rights and
was looking forward to overnight visits beginning next week.

Bram said any punishment the court imposed wouldn't measure to the
punishment she's imposed on herself for letting her children down.

The defendant indicated she still intends to file an
appeal.

Deputy district attorney Jeff Greeson said at his office that
additional jail time may not be appealing to Bram, but it was better
compared with a prison term. He echoed Judge Glusman's comments that
the time may offer the defendant time to reflect, pick a different
lifestyle and work to be a better mother.

"I'm just hoping that she takes advantage of this opportunity to make
the changes she needs in her life," Greeson said.

A jury convicted Bram on Dec. 17 of felony counts of cultivating
marijuana and possessing it for sale. The defendant was also convicted
on two counts of misdemeanor child endangerment.

The charges arose following a Sept. 29, 2011, search of Bram's Yellow
Wood Road house that she shared with her partner, Jayme Jeff Walsh.
Investigators found about 99 developing and mature marijuana plants on
the property as well as 7.1 pounds of marijuana.

The child endangerment charges arose from unsafe elements inside the
house, including marijuana left in the open and indications of other
drug use. The counts apply to Thor and Zeus; Invictus was born after
the incident.

The defense has previously said Bram and Walsh were a medical
marijuana collective of two. During the trial, the judge ruled
Proposition 215 medical marijuana could not be used as a defense
because no valid evidence was presented.

Bram, who represented herself at trial, had argued her oral
recommendation from a deceased doctor was valid. She and Walsh also
recertified Walsh's recommendation during the trial.

Neither item was allowed as evidence because they weren't submitted
under subpoena for the court's consideration.

During Tuesday's sentencing, Judge Glusman said it appeared Walsh was
a source of key problems in the case, but Bram had minimized her role
in using marijuana and the risk it posed to her children. The judge
also expressed concern Bram would allegedly be involved in similar
activity in Tehama County while she was out of custody last January.

Greeson said he was concerned about drug addiction based on needles
found at the houses, and asked the judge to order a year in a
residential treatment.

Defense attorney Jesus Rodriguez, appointed for sentencing only, said
it was inappropriate to include information about the Tehama case.
Regarding drug use, he said Bram has submitted to regular testing and
has always been clear.

The judge placed Bram on probation after noting that if she were
ordered to prison, no further conditions could be imposed after she
served her term. Glusman declined to order residential treatment
because it was unclear if Bram was an addict.

Walsh faces trial May 5 on similar marijuana charges as well as
charges of being a felon in possession of ammunition and manufacturing
controlled substances.

The pair had faced similar charges following Tehama County arrest, but
the cases have been dismissed. Prosecutors can't refile against Walsh,
but may refile against Bram, according to Greeson.

Bram remains out of custody, but the judge ordered to her to report to
jail within 10 days.  
- ---
MAP posted-by: Jo-D