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.
LAC DU FLAMBEAU - Just a few years ago, crumbling cement, steps, and seats filled Lac du Flambeau's Indian Bowl. Now, a major reconstruction project is halfway done. It will hopefully give people from all over a chance to learn about Native American culture and traditions once again.
"We increase that sense of pride in our community," said Director of Planning and Development Emerson Coy.
Coy still remembers how the old Indian Bowl used to look like.
"It was used in bad shape before that and it was sad," said Coy.
RHINELANDER - Cancer survivors and supporters gathered at Ministry St. Mary's Hospital for the 10th annual Celebration of Life Thursday. The event honors those battling cancer or survivors of cancer and shows people what kinds of services the James Beck Cancer Center offers.
The center's namesake lost his life to cancer, but now others will be able to benefit from his gift to the hospital.
"With his vision and his dollars we were able to put this cancer center here in Rhinelander so patients don't have to travel to larger cities," said Director of Cancer Services Kimberly Hetland.
This year's speaker was Mike Regole, a survivor of tonsil cancer. He spoke about his experience at the center, how family and support affected his journey, and how he ran a business while having cancer.
SAYNER - A needle and thread means more to Pat Andersen than just sewing.
"I started quilting when I was 19 so it's been a passion of mine for a long time," said Pat.
Quilting gives her a community of ladies in the Northwoods.
"Sayner needs something like this, it needs something for the women to do," said Pat.
After moving to Sayner with her husband Don last spring, the two decided to buy the building that now houses Plum Lake Quilts. Pat needed somewhere to put her long arm machine and that eventually turned into a little retail business.
"I mean little and then it grew a little bit and it grew a little bit more," said Don Andersen.
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