The practice was applied in separate criminal cases heard before Chief District Court Judge Doug Walker on Tuesday, Oct. 21. In one case, Walker tentatively accepted a plea deal, but told the defendant he was reluctant to approve it at sentencing.
“I want statements from the victims that they agree to this deal,” Walker told prosecutors.
Jasmine Ramsey, 21, of Cortez has been arrested and charged in three separate burglary cases in the past 11 months. She was first arrested after allegedly breaking into the home of a Montezuma County sheriff’s deputy on Nov. 1, 2013, and charged with multiple burglary and drug offenses.
Days later on Nov. 7, she was arrested and charged again with similar crimes after allegedly breaking into a residence on County Road 21. In that case, Ramsey was granted a 12-month deferred prosecution on Dec. 11, 2013, with a stipulation not to commit additional criminal acts.
Two months later in February 2014, Ramsey was again arrested and charged with similar offenses in connection to a break-in of a local public official. In all three cases, Ramsey allegedly tried to steal prescription medications.
This week, public defender Kenneth Pace that argued his client, addicted to opiates, should not receive a felony conviction in any of the cases, saying it’s better for drug addicts to steal prescription pills from a medicine cabinet than to buy heroin off the streets.
“The conduct is different,” Pace told Walker.
Deputy District Attorney Sean Murray also argued for the plea deal, saying that the victims were close family friends who wanted the defendant to receive treatment rather than a criminal record.
“The individuals in this case want help for Miss Ramsey,” said Murray.
Court records show Ramsey entered an in-patient drug treatment facility in June. Pace said his client was suspended from the program four months later.
Under the plea deal, Ramsey pleaded guilty to two misdemeanor charges this week, including criminal trespass and medical practitioner in possession of an illegal substance. All other felony charges connected to the Nov. 1, 2013, and Feb. 25, 2014, burglaries would be dismissed.
In open court, Murray described the medical practitioner in possession of an illegal drug offense as “legal fiction.” Walker seemed surprised.
“On top of everything, we’re just making up charges too?” Walker asked.
Saying she was neither a nurse nor a doctor, Walker repeatedly asked Ramsey why she agreed to plead guilty to a drug charge that would be impossible to convict.
“Because everyone is trying to give me a break,” Ramsey replied after consulting with Pace.
Ramsey also admitted to Walker that she could be found guilty of a more serious crime, and the plea deal included a lighter punishment.
After nearly 10 minutes of reviewing the case files from the bench, Walker indicated he was hesitant to accept the plea agreement, reminding Ramsey that he could reject the plea at sentencing on Dec. 4. The plea deal includes a deferred judgment and sentence.
A Montezuma County judge previously twice rejected nearly identical plea deals offered to Ramsey, according to court records.
Asked to explain the use of legal fiction, Murray reiterated that the victims in the Ramsey case wanted her to get help.
He said legal fiction was used to incentivize the defendant to plead guilty.
“If each defendant was to go to trial, an excessively large number of cases would be dismissed and the justice system would be overburdened,” said Murray. “The plea bargain system is what largely defines criminal justice today.”
The District Attorney’s Office failed to respond on the status of the December 2013 deferred prosecution offered to Ramsey.
The second legal fiction plea deal presented to Walker this week was in connection to a suspected Mancos methamphetamine dealer. Under his plea deal, Bruce Ramsey, 45, not believed to be related to Jasmine Ramsey, pleaded guilty this week to two counts of possession with intent to distribute a schedule three drug.
Murray said the schedule three classification was legal fiction, which allowed for less punishment than the law requires for a methamphetamine conviction.
Under the deal, Ramsey was recommended to be sentenced to 36 months of probation, 300 hours of community service and have jail capped at 90 days.
He will also be sentenced on Dec. 4.
Court records reveal a confidential source with the Drug Enforcement Agency set up a drug buy from Bruce Ramsey on Sept. 23, 2013.
The defendant sold an 8-ball, 3.5 grams, of meth to the DEA source for $300 at the First Street Car Wash.
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