Woman accused in pot case to challenge warrant
March 25, 2010
Steamboat Springs — Deborah Kay Eck, the Phippsburg-area woman accused of growing marijuana unlawfully in her home, rejected a plea offer on Wednesday. Instead, she will challenge the warrant that led to the Jan. 16 raid on her home.
At the beginning of the plea hearing, Deputy District Attorney Rusty Prindle presented a plea offer to Eck and her lawyer, Drew Johnroe. After discussing the offer in the hall, Johnroe requested that the case instead be bound over to District Court as he files motions to suppress the evidence collected in the raid.
After the hearing, he said that he is challenging the warrant that led to the raid and arrest because the information provided from a confidential informant wasn't worthy of earning a warrant.
Johnroe said the information from the informant was from at least six weeks before the raid, making it "stale" and unusable for a raid. The informant also said Eck "had moved all the plants" out of her house to her son's house.
"Essentially, it was based on a confidential informant that said they would find nothing at her house," he said.
Johnroe said that because the warrant said nothing would be found at the house, no warrant should have been issued.
When a team, led by the Routt County Sheriff's Office, raided the two homes, officers reportedly found 58 marijuana plants in Eck's home, but nothing in her son's.
Routt County Judge James Garrecht could not immediately schedule a District Court date for Eck because the county's computer system was not working.