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Guilty plea recanted after tearful testimony

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CANTON — A Chenango County woman facing interim probation on felony criminal possession of marijuana charges was sent back to jail after she backed out of her plea deal in St. Lawrence County Court.

Tehya L. Wensauer, 34, of Greene, had been arraigned on the charges after both she and Katsitsia Smoke, 19, of Hogansburg, had been stopped on Oct. 26 at a police road block and were found to be in possession of 17 pounds of marijuana.

Ms. Wensauer had arranged to plead guilty to the charge and would have been sentenced to one year of interim probation. If Ms. Wensauer abided with the rules and regulations of probation, she would have been able to plea down to a misdemeanor with three years of probation.

That didn’t happen.

Ms. Wensauer pleaded guilty to the class D felony but became tearful and told Judge Jerome J. Richards that she didn’t know the marijuana was in the car and that she was only along for a ride to pick up a vehicle she had purchased in the town of Waterloo in Seneca County after which she planned on visiting her son.

Because she was unable to allecute the charge against her, Judge Richards told the crying inmate that he would reschedule her case for a hearing and trial.

Additionally, while Ms. Wensauer told Judge Richards that she had been thrown out of substance abuse treatment and was working to reapply she had remained clean on her own.

Judge Richards said otherwise. When drug tested in jail, Ms. Wensauer tested positive for both THC and suboxone.

“So much for your claim that you’ve been sober on your own,” Judge Richards told her.

Ms. Wensauer was remanded to St. Lawrence County Jail without bail and will be evaluated for chemical dependency treatment. The case was adjourned to 8:15 a.m. Aug. 2.

In other court action Monday:

Marcia E. Fuller, 26, of 1945 Route 45, Hogansburg, was sentenced to five years of probation after pleading guilty to three counts of third-degree criminal sale of a controlled substance.

Ms. Fuller was arrested for selling Oxycodone in the town of Canton on Sept. 29, Sept. 30 and Oct. 26.

In addition to probation, Judge Richards ordered Ms. Fuller to pay $375 in court fines, fees and surcharges and a restitution amount of $240.

Jeannette M. Lashbrooks, 44, Gouverneur was sentenced to one year of interim probation after an April 25 guilty plea to a December drug and gun theft.

Ms. Lashbrooks pleaded guilty to one count of fourth-degree criminal possession of stolen property, a class E felony.

She agreed to cooperate regarding the case against a co-defendant, and under the plea deal would be eligible to plead to a misdemeanor charge instead if she successfully completes one year of interim probation.

Ms. Lashbrooks and five other people took part in the Dec. 21 theft of a safe, guns and narcotic painkillers from a County Route 12 residence.

Permanent sentencing was adjourned to July 7, 2014. In addition to interim probation, Ms. Lashbrooks was ordered to pay $2,640 in restitution.

Mark Nezezon, 62, of 1002 County Route 53, Brasher, was sentenced to 10 years of probation after being charged with 39 counts of promoting the obscene performance of a child under 17 years old and 39 counts of possessing an obscene sexual performance of a child.

Mr. Nezezon was one of five St. Lawrence County residents who were arrested Oct. 17 for allegedly possessing and promoting child pornography.

The arrests were a result of a 10-month joint investigation, called Operation Northern Net, by the St. Lawrence County Sheriff’s Department and the Department of Homeland Security. Police went undercover on peer-to-peer file-sharing networks to track down those possessing and sharing child pornography.

Once suspects had been identified, police obtained search warrants to confiscate their computers. These searches took place in August.

In addition to probation, Mr. Nezezon was ordered to pay $1,425 in court fines, fees and surcharges and is scheduled for a sex offender risk assessment at 8:15 a.m. Aug. 20.

Israel Ramos, 24, Syracuse, was sentenced to 10 months in St. Lawrence County Jail after pleading guilty to third-degree criminal possession of marijuana, a class E felony, stemming from his initial arrest by sheriff’s deputies on Aug. 11, 2011.

Mr. Ramos and, Johnny Sibounhome, 23, of 366 Loma Ave., Syracuse, were in a 2005 Toyota on County Route 6 in the town of Oswegatchie when they were stopped for failing to keep right, deputies said. A police dog detected marijuana in the vehicle, and deputies found five vacuum-sealed bags of marijuana amounting to 5 pounds in the back seat, according to the sheriff’s office.

Mr. Sibounhome is currently serving a one year jail sentence in county jail after his Feb. 22 guilty plea.

Mr. Ramos was also ordered to pay $375 in court fines, fees and surcharges.

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