Remember those letters from US Attorneys to landlords who rent to medical marijuana operations? In Montana, prosecutors have charged a landlord and he now faces more prison time than the medical marijuana providers he rented to.
Jonathan Janetski, charged along with Kassner and Roe, is looking at up to three years in prison, according to his lawyer, Todd Glazier of Kalispell. But, he says:
Janetski didn’t grow marijuana.
He didn’t sell it.
He was the landlord.
“He has no criminal history,” Glazier said. “He just rented to some people.”
To the best of Glazier’s knowledge, Janetski is the only landlord charged as the result of two rounds of federal search warrants executed on medical marijuana operations in Montana last year.
Janetski is scheduled to be sentenced April 19 on a charge of maintaining drug-involved premises. Although that carries a maximum penalty of 20 years in prison and a $500,000 fine, along with three years’ supervised release, Glazier said the sentencing guidelines mean his client is likely looking at a recommendation of 30 to 36 months in federal prison.
“He would end up … serving more time than the actual people who manufactured the marijuana,” Glazier said.
Well, there’s one less vote for Barack Obama next election. But even if Janetski wasn’t sitting in a prison cell, I wonder if he’d vote for the president who promised that federal authorities would have higher priorities than medical marijuana and his Attorney General whose Department of Justice confirmed they wouldn’t harass medical marijuana businesses operating in compliance with state law.
I guess there are some interesting priorities going on in Montana. While Janetski may be sitting in prison for three years for providing a business space for medical marijuana providers to help sick people get their medicine, guess who’ll be out walking the streets sooner? Kyle Eugene Avery…
MISSOULA (KAJ18) – A Missoula man who is accused of raping his ex-girlfriend and her roommate may not spend any more time in jail after prosecutors dismissed two sex charges against him in a plea agreement.
Prosecutors say Kyle Eugene Avery also sexually assaulted another woman while she slept, but they dropped the two rape charges and Avery is now facing a sexual assault and a tampering with evidence charge, because after [he] got caught, investigators say he licked his fingers to get rid of the evidence.
Despite the Missoula County Attorney’s objection the judge released Avery from jail while he awaits his sentencing. The plea agreement calls for a suspended sentence.
Suspended sentence for this guy?!? Have you seen his rap sheet? It begins in Oklahoma with a conviction for First Degree Arson in 2008, for which he served just one year in prison (two years suspended). In 2009, he racked up a charge for sexual battery, but the case was dismissed.
(McAlester News-Capital) In June of 2011, Kyle Eugene Avery, 21, allegedly engaged in inappropriate sexual behavior with a 14-year-old girl, according to court records, and was charged Sept. 23 with one count of lewd or indecent proposals or acts to a child under 16 years of age.
And then we get the cases for which the prosecution traded away two rape charges to get a plea deal on a sexual assault and evidence tampering charge?
The 21-year-old man is charged with two counts of sexual intercourse without consent, both felonies punishable by up to 100 years in prison, and an additional count of misdemeanor sexual assault.
Avery is alleged to have raped his then-girlfriend in early August, and then raped her roommate about a month later.
A third alleged victim reported to police that Avery exposed himself in her home after trying to touch her on the groin with his foot on two occasions on the morning of Sept. 4.
All three women went to the Missoula Police Department on the evening of Sept. 5.
Charging documents state that Avery at first denied even knowing the alleged victims or any details about the allegations. He then later admitted having sex with his girlfriend in early August and confessed to “kissing and stuff” the second woman, who had taken the defendant on a drive to confront him about his alleged acts against her roommate. On that drive, Avery allegedly fondled and kissed the woman while she drove, and then raped her.
Kicked out of both homes, Avery stayed the night on Sept. 3-4 at the home of the alleged third victim. There, documents state, he told the woman’s son that he thought about “doing your mom.”
So, instead of the possible 100 years (or 200, if served consecutively, not concurrently) that Kyle Eugene Avery could be serving for two rapes (and, let’s figure in the karma for previous lewd conduct with kids, sexual battery, and freakin’ felony arson!), he faces a misdemeanor. What’s the punishment for that?
(KXLH) The Montana House of Representatives passed a bill that would increase the penalty for sexual assault crimes.
Currently a person convicted of sexual assault is fined up to $500 and can be imprisoned for up to 6 months.
Under Sen. Taylor Brown’s bill the penalties double for a second time offender then increase to $10,000 and five years in prison for a third offense.
A suspended (read: no time in jail) six months for a serial raping arsonist. Three years for a medical marijuana landlord. Welcome to American Justice!