RHINELANDER - A Rhinelander man busted for selling bath salts won't do jail time.
John Hildebrand was busted last year for selling the drug out of his adult gift store. But all he'll have to do is pay court costs and stay out of trouble for a few years.
The outcome might surprise you given the severity of the original charges. But his case is the prefect example of why it's so hard for law enforcement to deal with synthetic drug cases right now.
Bath salts are gaining traction in the Northwoods. We've all heard the horror stories coming from around the U.S., and hear about it more and more here.
John Hildebrand was charged with nine felonies, all having to do with selling MDPV, known as the bath salts drug. Police found out he was selling it right out of his adult gift shop in Rhinelander. The charges were so serious he faced a maximum of 113 years in prison.
The federal government had to issue an emergency blanket ban on bath salts while legislators worked on permanent laws to make them illegal. But here's where the problems start: the statutes that make the drug illegal list specific ingredients. These newer designer drugs aren't like marijuana or cocaine; their chemical makeup can be easily altered just slightly, making them technically legal. That's why Hildebrand's original case was thrown out.
"We have to wait for a certain amount of time and once those results come back because of the results it wasn't actually a controlled substance under the act and so he couldn't formally charge under that. So he dismissed that case and re-filed it under the abuse of a hazardous substance statute," says Oneida County District Attorney Mike Schiek.
Oneida County got creative. The abuse of a hazardous substance statute was created to battle huffing, but had enough room for interpretation it could be applied to other drugs without their own statute.
"We don't want as a community to let these new drugs come in and say, 'Listen we don't know what we can do. We can't prosecute this because it's not in the books so there's nothing we can do about it'. We would rather take a much more proactive approach and charge them under these other statutes that we think certainly apply," says Schiek.
Other counties throughout the state are facing the same struggle. Drug enforcement officers who worked on this case told us other counties were anxious to see if Oneida Count could pull off successfully prosecuting someone for bath salts under that statute. It would be the first time.
"That was the first bath salts case, I believe, this county saw. And when it came through the media was very excited about it, I wasn't the original prosecutor but even in my role as a defense attorney I remember that case coming out and the defense bar talking about how that was going to affect things," says Schiek.
Last month Hildebrand was convicted of one of the felony distribution of a hazardous substance charges, as part of a plea deal. Hildebrand had to pay court costs, and has to stay out of trouble or he'll be hauled to jail. So why not go all the way to trial for both charges? One reason is since the statute wasn't designed for that specific drug it would have dragged the case out much longer than the two years it had already been going on. Schiek considered other factors too.
"Discrete Pleasures was closed down. It's my understanding he owned a construction business; he lost that as well. He had a home in the area that he lost. The message is that it took its toll on his life; he got messed up with this stuff and it literally ruined his life. The charges were certainly warranted but he lost everything," says Schiek.
Another big reason is there was a lot riding on them getting a guilty conviction. It sets a precedent for the whole state to start pushing these cases, rather than throw in the towel.
"We have to try to protect the community. And if these drugs are coming in and we're just throwing up our hands and saying, 'There's nothing we can do about it, we just have to let it happen'. I don't think that's the right way to handle the problem. I would rather take a different approach and let people know that if these drugs do come into the community we've got a statute we can prosecute under and we're willing to go for it," says Schiek.
RHINELANDER - Wisconsin’s attorney general enforces and defends laws made by the state, but one of Wisconsin’s candidates for the position believes his opponents will only pick and choose.
Right now Republican Candidate Brad Schimel, Waukesha County district attorney, faces three Democrats, Rep. Jon Richards, Susan Happ and Ismael Ozanne. Richards represents a portion of Milwaukee in the State Assymbly. Happ is the Jefferson County District Attorney. Ozanne is the Dane County District Attorney.
Schimel says some of his opponents, especially Richard will only enforce laws they agree with.
"That's problematic and I believe that's not what the attorney general should be doing, that's a crusade, that's a policy maker," Schimel said. "If Rep. Richards wants to do that then he should stay in the legislature."
Richards has been in the Legislature since 1998.
Newswatch 12 asked him Friday if he would pick and choose laws to enforce.
He said he’d look at the constitution to determine how he would enforce laws in Wisconsin.
"I can grantee you there are plenty of laws that I voted against that I will end up enforcing and making sure that we implement," Richards said, "And there are some laws that I think clearly violate the U-S constitution or the state constitution and we'll be taking a hard look at those."
Democratic candidates Susan Happ and Ismael Ozanne were not available before running this story.
Richards was touring the Northwoods Friday talking to media and district attorneys in the area.
The Democratic primary is set for August 12th. Election day is Nov. 4, 2014.
WOODRUFF - The Olympics might be over, but the Paralympics are underway in Sochi. Teachers at one local school are using the Olympic spirit to teach students about other countries.
Students at North Country Montessori celebrated International Day Friday morning. The students learn about different countries throughout the school year.
"The children at Montessori do a huge unit on geography and world culture, and we used today as a way to express the information that we found and things that we've learned," says North Country Montessori director Candice Henderson.
This year's theme was the Sochi Olympics.
Each student dressed up as a different country and sang songs in Russian.
This was the school's 30th annual International Day celebration. It ended with a potluck meal featuring ethnic food from different countries.
ST. GERMAIN - We all love our favorite sports teams. But what would happen if you had to dress up in your rival's gear? That's exactly what happened to Bears fan, Jerry Healy.
He's the janitor at St. Germain Elementary School. Healy challenged the students to raise over $700 for charity. If they did he'd wear the green and gold.
“Mr Healy you're unbelievable thank you for doing this,” says Jerry Healy, St. Germain Elementary School Janitor. “One kid said, "all this is disgusting Mr. Healy,” and another little kid who's a diehard Packers fan came up he came up and he's got an orange and blue pair of pants on and goes I'm a bears fan, today you're a packer fan, and that was pretty cool he's in second grade.”
As you can see the students surpassed the goal. The money went to pennies for patients. It’s an organization that supports people diagnosed with leukemia. The challenge brought the whole school together.
“Well I think they rose to the occasion they understood they're helping others in an easy but fun way. They came together as a class, as a whole school and just had a lot of fun with it,” says Jeff Waltz, a third grade teacher at St. Germain Elementary School.
This wasn't the first time Jerry got to dress up as a Packers fan. He did the same thing a few years ago when students accomplished a reading goal.
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