SENTENCING DELAYED IN MARIJUANA CASE

Sentencing for a 75-year-old Town of Belgium man accused of operating one
of the largest marijuana growing operations in Wisconsin was delayed
Tuesday after a lawyer for the defendant said his client had no idea that
prison time could result when he agreed to a no-contest plea in March.

As a result, David Burmesch may rescind the plea, lawyer Kirk Obear said.

Burmesch had been scheduled to be sentenced Tuesday by Ozaukee County Judge
Walter Swietlik on charges of manufacturing marijuana and maintaining a
drug manufacturing place.

As part of a plea agreement, Burmesch pleaded no contest and his brother
Eugene, 80, pleaded guilty to the charges in March in return for a charge
of marijuana possession being dropped.

Swietlik said Wisconsin sentencing guidelines for the remaining charges
required at least a year of prison.

"I have to tell the court that Mr. Burmesch would not have entered into a
voluntary plea agreement if he had known about the sentence," Obear said.

At the hearing in March, David Burmesch told Swietlik he understood that in
entering the plea, he was waiving his right to a trial. He said he
understood what the consequences of his plea were.

Instead of facing a maximum of 30 years in prison, Burmesch faced up to 17
years in prison.

A no-contest plea means the defendant is not admitting guilt but concedes
enough evidence exists to bring a conviction.

Obear argued that Swietlik should sentence Burmesch "to a long period of
probation and a long period of community service."

The law under which the Burmesch convictions were brought requires a
minimum of one year in prison, Swietlik said.

"I think the statute is clear," Swietlik said.

Obear argued that it was up to the judge to decide whether his client had
to actually serve any prison time. He said there is ample precedent to back
up that interpretation.

"I don't think the statute calls for any interpretation," Swietlik replied.
"I think it is a clear reading."

Obear asked for time to gather his research, so he could be prepared to
argue that his client should not be sent to prison. He said after the
hearing he also would have to discuss the guilty plea with David Burmesch.

Swietlik agreed to delay sentencing until Tuesday.

Eugene Burmesch is scheduled to be sentenced Thursday by Swietlik. His
defense attorney, Gerald Boyle, said he would have to review what Swietlik
said in court before making a decision on what course of action his client
will take.


Newshawk: Drug Policy Forum of Wisconsin www.drugsense.org/dpfwi/
Pubdate: Sun, 24 Jun 2001
Source: Milwaukee Journal Sentinel (WI)
Copyright: 2001 Milwaukee Journal Sentinel
Contact: jsedit@onwis.com
Website: http://www.jsonline.com/
Details: http://www.mapinc.org/media/265