Unbelievable
Even though it wasn’t a crime, she did time:
Allysan Isaac, 24, was held nearly a year in work release for something that a judge said Tuesday was not even illegal.
“You were incarcerated for a case that was not a crime,” said Mesa County District Judge Brian Flynn, who presided over the case.
Flynn, the prosecutor and Isaac’s defense attorney were unaware last year that the offense she was charged with was not a violation of the law.
No one had noticed that a prescription drug found in Isaac’s possession, an anti-anxiety medication called Buspirone, is not a controlled substance.
I guess we’ve reached the point where it is assumed that a substance is controlled before assuming it’s not. I hope she sues their asses off.
Via Publicola.
November 17th, 2005 at 10:14 am
This is the fault of her original public defender. It was his job to look up the specific section of the law under which she was being prosecuted. If only to verify which schedule the drug is on, he should have taken the 5 minutes to check.
November 17th, 2005 at 10:17 am
How is it not the fault of the police that arrested her and the Judge that read the complaint. Aren’t they required to know the law also?
November 17th, 2005 at 11:18 am
Cha-ching!