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Tuesday, January 6, 2009 8:52 PM CST
Drug charges dismissed against Mattoon woman



CHARLESTON — A judge dismissed drug charges that could have brought a Mattoon woman up to 40 years in prison after deciding there was nothing to indicate she was involved in a methamphetamine conspiracy.

Lisa A. Dufrain, 37, 417 N. 20th St., had been accused of obtaining cold medicine with pseudoephedrine to use to make methamphetamine between December 2007 and April of last year.

In reviewing the prosecution’s evidence, Circuit Judge Mitchell Shick concluded that no one was able to say that Dufrain knew that the cold medicine she obtained was going to be used for drug manufacturing. That meant it wasn’t certain that she obtained the medicine with the criminal intent needed to be proven guilty, Shick decided.

Dufrain was charged with participation in methamphetamine manufacturing and possession of a methamphetamine precursor. Had she been convicted, the manufacturing charge would have required a prison sentence of nine to 40 years plus a fine of up to $200,000 or equal to the street value of the drugs involved.

Assistant State’s Attorney Mick McAvoy prosecuted the case and attorney Mark Ferguson represented Dufrain.

Three other people also charged in the case, with the next hearing being set for Jan. 22, are Christopher J. Dufrain, 37, 14569 Hill Road, Humboldt; Vicky L. Edinger, 26, 809 S. 14th St., Mattoon; and Terril A. Stabler, 44, 2605 DeWitt Ave., Mattoon.

In other cases in court recently:

n Dottie A. Tenorio, 31, 2204 Charleston Ave., Mattoon, pleaded guilty to charges of theft and obstructing justice alleging she had a role in the theft of merchandise at the Mattoon Wal-Mart.

Tenorio was placed on probation for two years, and an obstructing justice charge alleging she lied to police about the identity of another suspect in the theft was dismissed. She also pleaded guilty to a separate misdemeanor theft charge accusing her of stealing from another store on Feb. 13.

Probation terms included payment of $140 in restitution and jail time that was stayed, meaning she won’t have to serve it if she follows the other requirements of her sentence.

Tenorio and three others were arrested on May 22 for allegedly stealing clothing and DVDs from the store. The case against one suspect, Sandra M. Cardwell, 24, 2200 Charleston Ave., Mattoon, is pending and she’s scheduled for a hearing on Jan. 20. The other two suspects, David V. Pearcy, 29, and Sara B. Pearcy, 21, also both of 2200 Charleston Ave., Mattoon, pleaded guilty earlier and were placed on probation.

In Tenorio’s case, Circuit Judge Teresa Righter accepted a plea agreement that McAvoy and defense attorney Jeannine Garrett recommended.

n Tyler L. Foote, 18, 414 S. 14th St., Mattoon, pleaded guilty to misdemeanor charges of disorderly conduct and minor consumption of alcohol alleging he discharged a fire extinguisher at a Mattoon apartment building and drank while underage on March 5.

A felony disorderly conduct charge that accused Foote of falsely setting a fire alarm was dismissed. He received two years of conditional discharge, supervision with fewer restrictions than probation, with terms including a requirement that he not return to the apartment building, payment of about $1,150 in fines and restitution and substance abuse treatment.

Righter accepted a plea agreement that Assistant State’s Attorney Kerri Davis and Garrett recommended.

n Derek S. Cooley, 26, 1013 S. 13th St., Mattoon, pleaded guilty to a property damage charge alleging he broke a window at the Mattoon Police Department on Oct. 3. Terms of his two-year probation sentence included payment of $336 in restitution, counseling and stayed jail time. Righter accepted a plea agreement that McAvoy and Lutz recommended.

Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.


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85CHSGrad wrote on Jan 7, 2009 6:30 PM:

" Coles County's war on drugs!!!
Is the woman due compensation for hiring an Atty? She should be! "

gringa wrote on Jan 8, 2009 1:41 PM:

" You know, 85CHSGrad, you make a good point. I seldom agree with you, but on this one, maybe.

The *cost of accusation* in our nation is truly out of control. Perhaps if a States Attorney can't prove guilt beyond a reasonable doubt, the wrongly accused should be reimbursed their legal costs of defense and compensated for libel and the defamation brought about by the unproved charges. "

Mike P wrote on Jan 9, 2009 6:07 AM:

" What if the lawyer earned his money? How much is avoiding a, the manufacturing charge would have required a prison sentence of nine to 40 years plus a fine of up to $200,000 or equal to the street value of the drugs involved, worth.

Our SA, is often a sitting duck, when facing qualified legal council.

Rose might be sentenced today, never can tell how that will even go, but remember no felonies were persued.

The two opposing candidates together, got many more votes than Ferguson. If that were to properly hit home, and send him a message, several changes that were brought up in the campaign cycle, could turn his office and future candidacy in a different direction. Cold cases are usually taken on at the law enforcement end. Until he has his job well in hand, and is effective, playing on another field, should probably be put off.

When a hired gun, cleans your assistants clock, and sleepwalking is now an excuse for homeinvasion in Illinois, its time to do some reflecting, and restructuring. They got TKO'd and weren't even in the fight to begin with. That lawyers whole case is templeted, and has been published, from when he got someone off in Mass. They were Drunk, sleepwalking through a college dormitory, and collected bras and underwear, durring mulitple assaults. Search sleepwalking defense, and that lawyers name comes up multiple times, its listed in his firms yellow page adds. These amateurs were caught on their heels at trial, and sent to the canvas out of the gate.

If serious changes aren't made in that office, there is no desire to effectively represent the taxpayers, they just want your money, and their five day a week, one courthouse gig. "

 



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