Archive for Saturday, January 11, 1992

DRUG DEFENDANT GETS PROBATION AND JAIL TERM FOR MARIJUANA

January 11, 1992

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A Lawrence man who pleaded guilty to conspiracy to sell cocaine had expected probation, but landed in jail after testing positive for marijuana use shortly before his court appearance.

Kenneth Foster, 40, Lawrence, was sentenced by Douglas County District Judge Ralph M. King Jr. to one to three years in the custody of the secretary of corrections. But King also gave Foster a 60-day jail term for marijuana use, and Foster has been ordered to undergo frequent urine tests to make sure he complies with an order to remain drug-free during his probationary period.

Shortly before his court appearance Friday, a urinalysis showed that Foster had smoked marijuana in recent weeks, said Douglas County Assistant District Attorney Rick Trapp.

Foster pleaded guilty last month to conspiracy to sell cocaine as part of a plea agreement with the state after cooperating with drug investigators on other cases involving the sale of cocaine.

The state dismissed two counts of sale of cocaine and agree to recommend probation. However, the state's opinion changed Friday upon learning of the positive drug test.

Foster told the judge he had smoked the marijuana after being reprimanded by members of the local drug enforcement unit.

Foster along with two California men, Gary G. Dawson, 34, and Joseph Jones, 24, were arrested in July 1991 after several months of investigtation conducted by the Lawrence-Douglas County Drug Enforcement Unit.

Douglas County Sheriff Loren Anderson said at the time of their arrest that the men were among the principle suppliers of cocaine in Lawrence and Douglas County.

Dawson was sentenced in November to three to 10 years imprisonment for one felony count of selling cocaine and one to five years on a felony count of attempting to sell cocaine. Jones was sentenced in late December to three to 10 years for possessing and selling cocaine.

A case is pending against another Lawrence man who was believed to have been working with the three men.

Robert Lee Nelson, 33, 2224 Breckenridge, was arrested Dec. 30 and charged with four felony counts of selling cocaine and four felony counts of selling cocaine without a Kansas tax stamp.

Nelson's arrest came after a 15-month investigation conducted by drug enforcement unit officers. According to reports, Nelson sold cocaine during fall 1991 to an anonymous informant working for the drug enforcement unit.

Nelson's bond was set at $35,000 and he remained in the Douglas County Jail on Friday night. He faces a preliminary hearing scheduled for 1:30 p.m. Jan. 23.

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