Ex-Prosecutor Gets 30 Months For Sharing Cocaine at Home Parties

By Jeralyn, Section Crime in the News
Posted on Thu Jul 16, 2009 at 05:35:00 PM EST
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Bump and Update: Former state prosecutor Robert Eddleman was sentenced in Montana federal court to 30 months and Terri Jabs Kurth got 8 months in prison and 4 on home detention for making cocaine available to friends at parties at their homes. Yesterday, the same Judge sentenced former NFL player Travis Henry to 36 months for trafficking in six kilograms.

Eddleman has been in protective custody in Glendive and under 23-hour lockdown since pleading guilty. He has two children....Kurth also has two children.

****

Original Post: 7/15/09

Ex-NFL Player Sentenced to 3 Yrs, for Trafficking, Local Prosecutor Faces a Year or More For Use

[More...]

Former NFL player Travis Henry was sentenced in Montana today to three years in federal prison. He was caught with six kilograms of cocaine. Great job by his defense attorney (Disclosure: he's the TL kid's boss.) Coming up in Montana federal court tomorrow: How much jail time will a state prosecutor get for buying cocaine and using it with friends at parties at his own home?

Robert Eddleman and his significant other, Terri Jabs Kurth, the daughter of well-known Denver furniture mogul (Jake Jabs is a ubiquitous presence on late night local tv) were charged and pleaded guilty in federal court in Montana to maintaining a home where drugs were used. There were no allegations they sold the drugs.

The U.S. Attorney is asking for extra time for Eddleman saying he once refused to prosecute a case involving an associate with whom he got high. Eddleman's lawyer says due to the conflict and what he considered an illegal search, he referred it to another county.

From documents on PACER, the evidence against them was:

1. In August 2007, the Drug Enforcement Administration (DEA) and the Montana Division of Criminal Investigation began to investigate D.B. for trafficking cocaine in Billings and Red Lodge, Montana;

2. During the course of the investigation, the authorities learned that the Defendant had purchased cocaine from D.B. over a period of several years and engaged in the recreational use of the cocaine.

3. In September 2008, the authorities interviewed various friends and acquaintances of the Defendant. Those people confirmed that the Defendant and his female companion hosted parties at her homes in Billings and Red Lodge where cocaine was used during the time period alleged in the indictment.

I have no sympathy for prosecutors who seek to put people in jail for illegal activity they engage in themselves, but I still think this is hardly a federal case, it doesn't warrant prison time and revoking Eddleman's bond when he pleaded guilty in March was over the top. As for Jabs Kurth, if she doesn't get jail time, will it be because she was less involved or because she agreed to forfeit $50,000? And how do you reconcile 3 years for a multi-kilogram cocaine trafficker, a year or more for someone who partied at home and never sold the drug, and probable probation for his partner who did the same thing but gave the Government money?

Our drug laws make no sense, especially when they are applied in such an uneven manner, and when sentencing is determined through plea bargains according to the wishes of the prosecution.

Update: An interesting twist: Jabs Kurth's lawyer says:

Kurth ....operates two business. Her businesses, which include interior design... Kurth remodeled the fifth floor of the James F. Battin Federal Courthouse, where the courtroom in which she will be sentenced is located.

Update: Eddlemans' sentencing memo is here and the U.S. Attorney's is here.

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Ex-Prosecutor Gets 30 Months For Sharing Cocaine at Home Parties | 57 comments (57 topical)

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No Sense At All (5.00 / 1) (#1)
by squeaky on Wed Jul 15, 2009 at 07:12:01 PM EST

They are all political hay, as the drug laws have been since they were enacted. Real people's lives, logic and common sense are all peripheral

Given that Henry got into the drug (5.00 / 1) (#2)
by Anne on Wed Jul 15, 2009 at 08:17:01 PM EST

trade to help support the nine children he had with nine different women, going to prison isn't just going to punish Henry, but his children, as well.

Seems like there ought to have been a different option than just making sure nine children would do without for three years.

[Nine children - nine different women? Someone needs to help Travis Henry learn how to make better decisions - am guessing he's not going to get that kind of education in prison.]

Henry's story is sad (5.00 / 1) (#4)
by nycstray on Wed Jul 15, 2009 at 10:07:30 PM EST

His mom worked hard, but it sounds like he could have used some more guidance, perhaps in college and when entering the pros. The Judge mentions his addiction, so why not just put him in rehab? He's still a young man who could clean up and do something worthwhile . . . . and then there's the children.


Actually as Jeralyn hinted at (none / 0) (#5)
by Socraticsilence on Wed Jul 15, 2009 at 10:25:46 PM EST

3 yrs is pretty lenient (relatively) given the amount of Coke Henry was caught with.


Perhaps, but 3yrs in jail vs rehab? (none / 0) (#11)
by nycstray on Thu Jul 16, 2009 at 12:26:37 AM EST

Nobody gains anything by his jail time, imo. Treat the condition (which the judge pointed out) and see if he can't become a functioning member of society* and some sort of "figure" to his children. Given his history in sports and his screw ups, he could contribute positively/give back if it managed to gain control of his problem. Will jail give him the opportunity to correct his mistakes?

* I should note, my family has addiction issues, along with a niece who is a bit bi-polar. Jail does nothing for them/addicts. And my niece in particular became much more functional with treatment for both addiction and her bi-polar. Since proper treatment, she has completed her GED, just graduated from JC and is working towards a career with plans to continue her studies. Sister has been off drugs and alcohol for years now (finally). Jail was not the answer. Proper diagnosis and treatment was.


Actually, he will head for (none / 0) (#13)
by Inspector Gadget on Thu Jul 16, 2009 at 01:06:38 AM EST

Medium security and will probably be able to take a year off his sentence by participating in the drug rehab program in prison.

My ex-step-son is headed to Yankton, SD for a 3 year sentence for marijuana growing. He's scheduled to participate in the drug program and cut off some time.


Marijuana growing? (none / 0) (#15)
by Militarytracy on Thu Jul 16, 2009 at 06:50:00 AM EST

Three years for growing pot just seems ridiculous to me....completely ridiculous. As an American I'm embarassed to read that and pot is not cocaine. I've smelled both, they much different :)


: Second drug conviction (5.00 / 1) (#22)
by Inspector Gadget on Thu Jul 16, 2009 at 09:07:36 AM EST

gave him 3 years. The others in the growing ring were 1st timers, so they each got 2 years.
I agree about the embarrassment part. These are felony level, which is even more ridiculous. One more, and he goes into the 3-strikes prison for life rule.

yes, a drug treatment program (none / 0) (#29)
by Jeralyn on Thu Jul 16, 2009 at 10:50:57 AM EST

is contemplated. But I think he'll go to a camp, not a medium security prison. He's got no priors and a low (3 year) sentence. (Unless they've moved all the drug treatment programs to medium security prisons which I'm not aware of.)


I know they have one at (none / 0) (#30)
by Inspector Gadget on Thu Jul 16, 2009 at 10:56:52 AM EST

Yankton where my ex-step-son is about to begin his 3 year sentence.

In his case, this is his second drug conviction. Marijuana growing. The other 6 involved got 2 years, with drug rehab probably reducing the time they will serve to 1 year. The 3 year sentence was considered pretty tough around here.


You know how to stop getting (none / 0) (#62)
by maddog on Fri Jul 17, 2009 at 09:07:21 AM EST

arrested. Stop doing things that are illegal. No matter how dumb it is, it is even dumber to do something illegal. But no one ever said criminals were smart.


: Yes, maddog (none / 0) (#66)
by Inspector Gadget on Fri Jul 17, 2009 at 10:59:18 PM EST

You're kind of stating the obvious here.

Maybe Yanton is minimum security (none / 0) (#31)
by Inspector Gadget on Thu Jul 16, 2009 at 10:58:21 AM EST

This is all territory I've never been before, so I don't know for sure....is minimum security and "camp" the same thing?


Yankton is a camp (none / 0) (#34)
by Jeralyn on Thu Jul 16, 2009 at 11:16:31 AM EST

From BOP:

The Federal Prison Camp (FPC) in Yankton is minimum security facility housing male inmates.

FPC stands for "federal prison camp."


: Ah, thanks.... (none / 0) (#38)
by Inspector Gadget on Thu Jul 16, 2009 at 12:05:14 PM EST

maybe they'll serve together :) He reports to "camp" in 10 days.

And to be fair (none / 0) (#7)
by CoralGables on Thu Jul 16, 2009 at 12:01:57 AM EST

nine women that need to learn to make better decisions, though I assume a few saw him as a gravy train and thus followed those nine famous words... "It seemed like a good idea at the time".


There was an article recently (5.00 / 1) (#12)
by nycstray on Thu Jul 16, 2009 at 12:34:08 AM EST

that I read (Salon, perhaps?) about sports groupies. Iirc, getting pregnant is $$ for life. It was focused on those that don't care if the sports star is married, but the same "rules" may apply with single sports stars (I don't know if Henry was married). All involved need to be more careful it seems . . . .

You'd think he would have learned after the first one . . . or two . . . but I do think sports programs in schools need to step up here. They need to look at these players and how they are preparing them for life after school, just like any other profession.


There are Freshman 101 courses (none / 0) (#40)
by Fabian on Thu Jul 16, 2009 at 04:06:42 PM EST

in college. I don't know what they cover now, but I believe various personal responsibilities were covered in my day - personal safety, responsible alcohol use, date rape, STDs and so on.

There are some people who seem to live in a perpetual state of NOW, and learn no lessons from the consequences of past behavior, nor do they ponder the effects of their current actions on their future.

they say goldfish have no memory
i guess their lives are much like mine
and the little plastic castle
is a surprise every time

Their lives apparently consist of a sort of zen hedonism, which seems pleasant enough - when viewed from a safe distance.


Not to mention... (5.00 / 1) (#41)
by MileHi Hawkeye on Thu Jul 16, 2009 at 04:11:45 PM EST

...that the NFL runs a similar program that is mandatory for all rookies to attend when they enter the league. Travis attended this training his first year and was a presenter in subsequent years.


: they tried! (none / 0) (#48)
by Fabian on Thu Jul 16, 2009 at 07:14:23 PM EST

It seemed to work for most of the team, but there are always a few that need it the most and heed it the least.
If it wasn't drugs and women, he'd probably be neck deep in something else. Even if drugs were perfectly legal, he'd still probably be in trouble.

My God (none / 0) (#8)
by Militarytracy on Thu Jul 16, 2009 at 12:10:38 AM EST

What does he have going on with his bad self that is so ummmm seductive :)? Nine women and nine babies....whew! I'm exhausted just thinking about it


: If you know anyone (none / 0) (#50)
by Fabian on Thu Jul 16, 2009 at 07:17:44 PM EST

who has gone through the courts for custody and support issues - imagine what doing that for nine children and nine custodial parents!
The legal headaches alone would send me running to have a certain outpatient procedure done, let alone the support payments.

Not to give Henry any slack (none / 0) (#18)
by jimakaPPJ on Thu Jul 16, 2009 at 08:00:04 AM EST

but it takes two to tango.

Someone needed to teach the women involved about birth control as well.

BTW - I have commented time and again that our drug laws need to be rationalized.


Football layer is very fortunate (5.00 / 1) (#6)
by oculus on Wed Jul 15, 2009 at 11:35:37 PM EST

and should thank his attorney daily.

Football layer? (5.00 / 1) (#9)
by Militarytracy on Thu Jul 16, 2009 at 12:12:24 AM EST

Freudian slip? I'm sorry, I can't help myself.


That too. Wonder how much (none / 0) (#10)
by oculus on Thu Jul 16, 2009 at 12:18:07 AM EST

quality time he spent with his nine kids by separate mothers? (Unless he maintained a harem, that is.)


: Hmmm....I wonder if there's less (none / 0) (#16)
by Militarytracy on Thu Jul 16, 2009 at 06:50:57 AM EST

housework in a harem?

I think we need more info (none / 0) (#17)
by Bemused on Thu Jul 16, 2009 at 07:54:14 AM EST

before we credit hia lawyers with the "favorable" outcome.

Henry pleaded guilty to an offense of conspiring to possess more than 5 kilos of coke with intent to distribute. He was then sentenced below the STATUTORY mandatory minimum for that offense. There are two possible explanations for that.

1. He provided substantial assistance to the government in the investigation or prosecution of others and a motion was filed on his behalf

2. The court made factual findings that although the conspiracy as a whole involved in excess of 5 kilos an individualized consideration of Henry's role supported a conclusion his individual liability involved a much smaller amount. (That seems unlikely given the fact Henry was a direct participant in the reverser sting, and, not all federal circuits follow this methodology with conspiracy sentencing.)

If the latter is true then give his lawyers credit but if its the former then Henry himself is responsible for his favorable outcome-- and i believe many here (and elsewhere) often complain about the "snitch" deals.

: Sorry that's not right (none / 0) (#52)
by Jeralyn on Thu Jul 16, 2009 at 07:36:36 PM EST

Don't you think I would have checked the plea agreement and mentioned it if he had cooperated against others for a lesser sentence? I pulled the plea agreement from PACER in April when he plead. (For non-lawyers, a safety valve entitles you to a sentence under the mandatory minimum if you have no more than one criminal history point, no guns were involved and you tell the government about the offense and your involvement in it. The bust happened when the feds did a reverse sting with an informant who delivered the six kilos to Henry and another guy. The other guy has plead but not yet been sentenced.
[Note: Edited to delete what the plea agreement said. Two days after I obtained it on PACER, it was sealed. Thanks to Bemused for letting me know it was sealed. I'd just add that as of today, the docket shows no motion by the government for a departure from the mandatory minimum for cooperation, so I disagree with Bemused. While Henry may have gotten a reduction from the mandatory minimum through a safety valve, the prosecution did not ask for a reduced sentence for cooperation.

the plea agreement (2.00 / 1) (#35)
by Bemused on Thu Jul 16, 2009 at 11:16:45 AM EST

is sealed for one thing, so i don't see how you pulled it and checked ity from PACER. Second, in many if not most jurisdictions substantial assistance is NOT part of the plea agreement.

I'm sure you do understand that a judge cannot give a sentence below a statutory mandatory minimum in the basence of of a substantial assistance motion, so i will repeat: either he received a substantial assitance motion or the judge made express factual findings that the mandatory minimum did not apply to Henry based on his role in the overall conspiracy. I will lso repeat that seems unlikely given the known facts.

Plea Agreeement was not initially sealed (none / 0) (#53)
by Jeralyn on Thu Jul 16, 2009 at 07:40:08 PM EST

I downloaded the plea agreement and statement of facts on 4/14/09 at 7:45 p.m. (after reading about the plea in the news.) The court didn't seal it until the day he pleaded guilty, 4/16/09. The Statement of Facts remains unsealed.

His lawyer filed a motion for variance from the guidelines which also is not sealed. It makes no reference to any cooperation. No 5k motion was filed by the Government.

I've deleted my comments referencing the contents of the plea agreeement since it is now sealed.


please don't post misinformation (none / 0) (#54)
by Jeralyn on Thu Jul 16, 2009 at 07:41:36 PM EST

I'm sure you know that a substantial assistance motion is not required for a safety valve which allows the court to go below the mandatory minimum without a motion by the prosecutor or substantial assistance.


: the safety valve (none / 0) (#55)
by Jeralyn on Thu Jul 16, 2009 at 07:44:09 PM EST

lets the court decide, among the other factors, whether

not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
Same for 18 USC 3553(f)

: Yes, you are correct about that (none / 0) (#61)
by Bemused on Fri Jul 17, 2009 at 09:03:21 AM EST

i should have acknowlwedged the safety valve.
But, you still do not know that his assistance was not a reason for the lenient sentence.

Henry could have made millions (none / 0) (#3)
by rdandrea on Wed Jul 15, 2009 at 08:34:59 PM EST

Running with a football.

It's sad that he chose to run cocaine instead.

Why sad? (none / 0) (#19)
by kdog on Thu Jul 16, 2009 at 08:20:36 AM EST

Both are a way to make a living, who are we to judge?

The only sad thing is our society decided to lock people up in cages for making a living providing goods to willing cutomers.


: Who are we to judge? (none / 0) (#63)
by maddog on Fri Jul 17, 2009 at 09:14:32 AM EST

Along that line of thinking who are we to judge when someone steals from another, beats another or kills another. We should judge people more harshly than we do. The common acceptable standards of society are what keep it from becoming anarchy, not the courts or law enforcement. If we keep saying "Who are we to judge" or "To each his own" it will become anarchy with no acceptable standards of behavior for anyone.

The football player is black (none / 0) (#20)
by tokin librul on Thu Jul 16, 2009 at 08:50:19 AM EST

The lawyer is white.

The Black goes to jail, of course.

The White guy gets probation.

Did you imagine it would go any OTHER way?

Chuy...

the white lawyer is in jail (5.00 / 1) (#28)
by Jeralyn on Thu Jul 16, 2009 at 10:47:18 AM EST

he had his bond revoked when he pleaded guilty. He's been in jail since March. Please read it again. He's not getting probation, his lawyer is asking for a 10 month sentence. His girlfriend may get probation, but she agreed to forfeit $50k to the Government.


: And, for possession only (5.00 / 1) (#37)
by MKS on Thu Jul 16, 2009 at 11:25:39 AM EST

Really astounding...pointless and tragic.

I wouldn't agree (none / 0) (#21)
by Inspector Gadget on Thu Jul 16, 2009 at 09:01:20 AM EST

with that. My ex-step-son and the other 6 in his mj ring are all white, and all doing 2-3 years for their crime. First time conviction for 6 of them, too.


As a Titans fan (none / 0) (#24)
by Slado on Thu Jul 16, 2009 at 09:28:31 AM EST

and TN resident (Henry played for UT) for many years I got a front row seat at the train wreck that is Travis Henry.

He was an all world running back who broke the records of one Emmitt Smith (BTD shoutout) while growing up in Frostproof, FL.

He went on to star with the Bills, Titans and Bronco's before fizzing out. He had all world talent but couldn't quite breakthrough because of off the field issues.

Unfortunately for Mr. Henry in addition to his talents he had two majore issues in his personal life. Drugs and Women.

Pot and Cocaine problems followed him wherever he went and he was suspended by the NFL multiple times for drugs (most famously while a Bronco) and continued to ignore the multiple life lessons presented him.

9 children! There is really no excusing such behavior. It is reckless disregard for one's own well being and the well being of the women you sleep with and the children you spawn.

Yes the women are responsible too but how many times does it take to learn that unsafe sex has consequences? I would put the number at 1.

Henry will never learn from his mistakes. That we can all be certain of. Unfortunately history and common sense tell us that this sad story will have a sadder ending.

So Travis has issues... (none / 0) (#25)
by kdog on Thu Jul 16, 2009 at 09:39:53 AM EST

no argument here...what is our excuse?


While I'm no saint (none / 0) (#32)
by Slado on Thu Jul 16, 2009 at 10:59:22 AM EST

I've never done something 8 times and then done it a 9th time like Mr. Henry.

Also he repeatedly was suspended for pot in the NFL and never learned his lesson. If he hand't done it the last time with the Broncos he'd probably be in training camp instead of the pen.


The NFL... (none / 0) (#36)
by kdog on Thu Jul 16, 2009 at 11:22:07 AM EST

hasn't learned their lesson either...why should they care if their players take drugs, much less non-performance enhancing drugs. It's none of the leagues business what their employess do to unwind after a hard day on the gridiron.


Public figures (none / 0) (#39)
by Fabian on Thu Jul 16, 2009 at 03:54:24 PM EST

take the good with the bad.

You and I don't have our jobs televised for top dollar. Some people choose those careers, so when they go astray, the media is all over it.

It's a fair exchange - a voluntary choice to make more money in exchange for giving up some privacy. They can always go into other professions, ones that don't care how many DUIs they have or any other problems.


: True... (none / 0) (#59)
by kdog on Fri Jul 17, 2009 at 08:34:03 AM EST

players know the deal and with the sick money available they take it, but that don't make it right for the NFL to insult their dignity with the piss cup, or invade the privacy every free American soul should have the pleasure to enjoy...be they a star athlete or a stockboy at the supermarket.

He was never really... (none / 0) (#26)
by MileHi Hawkeye on Thu Jul 16, 2009 at 09:40:46 AM EST

...a "star" with the Bronco's since he playing time was limited by his off the field issues. But he's certainly gotten more than his share of "second chances" and blow each and every one.

One thing for sure, he'll never play another down in the NFL again.


: I believe he was a pro-bowler (none / 0) (#33)
by Slado on Thu Jul 16, 2009 at 11:02:39 AM EST

with the Bills.
He would still be with the Titans if he hand't repeatedly gotten in trouble and would still be with the broncos for the same reasons.
Sad case but only sad because he was repeatedly given chances and repeatedly made the same decisions again and again.

Sounds like the AA former NFLer (none / 0) (#44)
by oculus on Thu Jul 16, 2009 at 05:56:28 PM EST

caught a break, probably due to his attorney and defendant's fame. Also sounds like the former prosecutor caught a pretty tough break, sending a signal.

: Actually, I know very little about (none / 0) (#46)
by oculus on Thu Jul 16, 2009 at 06:25:45 PM EST

federal sentences. Just disregard.

: actually, I think you got that right (none / 0) (#49)
by Jeralyn on Thu Jul 16, 2009 at 07:16:58 PM EST

just living (none / 0) (#51)
by cpinva on Thu Jul 16, 2009 at 07:30:08 PM EST

in montana should be punishment enough, for nearly any crime not involving harm to others.

: Why? It's beautiful there (none / 0) (#56)
by Jeralyn on Thu Jul 16, 2009 at 07:46:26 PM EST

I love parts of Montana.

prosecutors just do their job (none / 0) (#57)
by diogenes on Thu Jul 16, 2009 at 09:13:56 PM EST

Why "no sympathy" for those who prosecute those who do what they do themselves? Lots of defense attorneys defend people who do things they would never do themselves. It's our adversarial system of justice at work.

: is Jeralyn a hypocrite if... (none / 0) (#64)
by diogenes on Fri Jul 17, 2009 at 07:00:33 PM EST

Is Jeralyn a hypocrite if she defends a murderer since she would not commit murder herself? Prosecutors are hired by the government to prosecute those who allegedly break the law and defense attorneys are hired to defend those who allegedly break the law.

30 months... (none / 0) (#60)
by kdog on Fri Jul 17, 2009 at 08:36:18 AM EST

for being a good host and sharing your dope?

No good deed goes unpunished...the pleasure of it happening to one of the drug wars own is no pleasure at all...another human in a cage.