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Archive for Friday, January 31, 2014

Lawrence woman convicted of selling cocaine out of day care sentenced to 14 months in prison

January 31, 2014, 12:04 p.m. Updated January 31, 2014, 2:41 p.m.

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Tiffany C. Hubbard, 38, of Lawrence, was sentenced in Douglas County District Court Friday to 14 months in prison after being convicted in December of distributing cocaine out of the day care she ran at her home.

Tiffany C. Hubbard, 38, of Lawrence, was sentenced in Douglas County District Court Friday to 14 months in prison after being convicted in December of distributing cocaine out of the day care she ran at her home.

A 38-year-old woman convicted of distributing cocaine from a day care she operated out of her North Lawrence home was sentenced Friday in Douglas County District Court to 14 months in prison despite pleas for probation.

Judge Sally D. Pokorny sentenced Tiffany C. Hubbard to serve time for the five counts of which she was found guilty in a December jury trial. Pokorny also said Friday that she believed Hubbard lied under oath while testifying during the trial.

Hubbard had been convicted of two counts of distributing cocaine, two counts of using a cellphone to distribute the drug and one count of drug possession. The jury hung on five other counts involving distribution and possession of drug paraphernalia and those charges were dropped Friday.

Pokorny on Friday sentenced Hubbard to serve 14 months each on the distribution charges, 10 months for possession and seven months each on the charges of using a cellphone — all to run concurrently.

According to prosecutors, when Hubbard took the stand during her trial in December she testified that she was only a user, that she bought from an undercover informant and an ex-boyfriend but never sold the drugs. But during a presentence investigation, Hubbard contradicted that statement, saying she “got caught up in the use and distribution of drugs.”

Having reviewed the investigation, Pokorny said she believed Hubbard committed perjury and said that because she was willing to lie under oath to avoid the consequences of her actions, she didn’t believe Hubbard would be honest enough to comply with probation.

“I’m not going to put you in a position where you can manipulate us anymore,” Pokorny said.

Hubbard’s defense attorney, John A. Frydman, had asked for probation and an order for Hubbard to enroll in a drug treatment program, saying Hubbard worked full-time at a nursing home to support three children.

After Pokorny read Hubbard’s sentence, Frydman told the court the defense planned to appeal the decision. In the meantime, Hubbard will be taken into custody. Pokorny said Hubbard would have the opportunity for a $5,000 bond once the appeal is filed.

Pokorny also ordered Hubbard to pay $2,230 in restitution that included Kansas Bureau of Investigation lab fees and money used by investigators during drug buys.

In October 2012, police said they discovered drugs at Hubbard’s Children’s Playpen day care at 766 Lake St. and state officials from the Kansas Department of Health and Environment issued an emergency order to close the day care. According to police reports, the home was searched on suspicion that the distribution of crack cocaine and marijuana was taking place on the property.

According to lead prosecutor Amy McGowan, at least two sales took place with children present, including one when a half dozen children slept in the living room while a confidential informant purchased crack cocaine from Hubbard.

Frydman said Hubbard, who had no prior criminal history, had gotten mixed up with bad people and had since relocated from her North Lawrence home in hopes of avoiding those influences.

On Friday, Hubbard confirmed the move and insisted she wasn’t a bad person.

“I want to be allowed the chance to get my life back together,” Hubbard said.

Also on Friday, Pokorny acknowledged that the unusual setting of a day care created additional interest in the case but the reason that it concerned her was not solely because drugs were involved but with her knowledge of the types of people who come to buy the drugs.

“They’re often very dangerous people,” Pokorny said.

Stay tuned to ljworld.com for more on this story.

Comments

Matthew Herbert 2 months, 2 weeks ago

The contents of the article and the headline paint two different stories- did she get 14 months TOTAL (as the headline suggests) or 14 months PER charge as the article's narrative suggests. Those are two totally different sentences

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MerriAnnie Smith 2 months, 2 weeks ago

Keep her away from other people's children. I feel sorry for her own children, but kids generally love their mothers as long as they're not physically and emotionally abused, and for that reason I believe children should be allowed to stay with their mothers who get in trouble with the law. But it's not the best way to raise kids, for sure. That's why I feel sorry for them. They'll remember for the rest of their lives that their mother sold drugs.

There are people in prison for marijuana which should be legal. And she only got 14 months? I'm not impressed.

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Terry Lee 2 months, 2 weeks ago

And NEVER let her run a daycare again! Or be around children for that matter.

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Mike Gerhardt 2 months, 2 weeks ago

how did she get such a light sentence? Not only is she a drug dealer, but she was selling out of a day care center.

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