Posted on 08/19/2015 7:14:56 PM PDT by nickcarraway
Amy Dammer, 33, and Donna Dammer, 64, both of Rushmore, made appearances in Nobles County District Court Tuesday morning for a combined omnibus hearing. The mother and daughter are charged with both storing methamphetamine paraphernalia in the presence of a child and drug possession.
According to court documents, the Buffalo Ridge Drug Task Force (BRDTF) found several baggies with a crystal-like substance in Donna’s bedroom that field-tested positive as methamphetamine and weighed 23.6 grams with packaging.
The BRDTF’s search of the home also allegedly uncovered a glass pipe with a white powdery substance beneath a Dora the Explorer doll on the night stand.
Defense counsel for both women requested the cases be dismissed due to lack of probable cause for the first search warrant executed on the home. The prosecution submitted evidence to support the claim for moving forward with the case. Donna’s attorney objected to the admission of the evidence, stating that it did not pertain to the issue of the initial warrant but merely to matters that happened after the search of the home.
Judge Gordon Moore overruled the objection, noting that all evidence in the case would be weighed on its merit and relevance to the question of probable cause in the matter. Rather than enter oral argument in open court Tuesday, attorneys for both women opted to submit their arguments in writing, with the prosecution receiving two weeks following their submissions to file a rebuttal.
Moore indicated he would take both cases under advisement once the memorandums were received. As a matter of speeding up the process, Moore arraigned both women provisionally on their respective charges in the event he was not to dismiss the case.
Donna Dammer entered provisional not guilty pleas to second-degree controlled substance sale, second-degree controlled substance crime, storing meth paraphernalia in the presence of a child and possession of drug paraphernalia.
Likewise, Amy Dammer entered provisional not guilty pleas to fifth-degree controlled substance possession, storing meth paraphernalia in the presence of a child and possession of drug paraphernalia.
Defense counsel for both women asked for two-day jury trials should the matter proceed further. If convicted, second-degree controlled substance felonies carry a maximum sentence of three to 40 years in prison, a $500,000 fine or both. Fifth-degree possession carries a maximum sentence of six months to 10 years in prison and a maximum fine of $20,000. Storing meth paraphernalia in the presence of a child carries a maximum sentence of up to five years in prison, a $10,00 fine or both.
Possession of drug paraphernalia, the only charge not a felony in the two cases, carries a sentence of a $300 fine.
Dang... Even Dora the explorer is a meth head.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.