The second time was the charm for former Mackay resident Heather Anne Mosely, whom Judge Stevan Thompson discharged early from probation in her felony drug possession case.
Her attorney, Fred Snook of Salmon, filed a motion for early release in April, but the judge denied it. Snook also asked Thompson to amend Mosely's felony methamphetamine conviction to a misdemeanor. Custer County Prosecuting Attorney Justin Oleson argued that Mosely is not entitled to relief from the felony conviction because she admitted to a probation violation and didn’t complete drug court. The judge didn't approve that request.
Mosely entered an Alford plea to the charge in 2016 and was placed on four years of supervised probation. With an Alford plea, a defendant does not admit guilt but concedes that a jury would likely convict them based on evidence at trial. An Alford plea is treated the same as a guilty plea at sentencing.
Snook pointed out at the most recent hearing that the meth found in Mosely’s house was residue on plastic bags. She says it was not hers.
In arguing for Mosely's early discharge from probation, Snook noted that 2½ years of the four years have passed and she has completed all court-ordered obligations. Idaho’s department of probation and parole is on board with her early discharge. Mosely attends three AA meetings a week in Idaho Falls. She has not relapsed into any drug or alcohol use.
She was kicked out of the drug court program in Bonneville County because a boyfriend with a criminal record moved in with her and that was a violation of probation. Snook argued the court should not have discharged her from the drug court program when she was doing well in it. Some other penalty could have been assessed, he argued.
Mosely has had a rough time the past few years. Now 42, her only criminal history prior to being charged with meth possession was littering and dog at large, Snook said. Her ex-husband abducted her, forced her into prostitution, held her down and shot her up with meth to turn her into an addict and control her life. He held her captive in a motel room for seven months, but she escaped and got to a halfway house in Missoula, Montana. She later hitchhiked to Oregon where she began attending church and a voluntary drug treatment program. An attorney friend advised her to go back to Idaho to face the meth possession charge. She took that advice, Snook said.
She still owns her home in Mackay but wants to live in Idaho Falls where she plans to continue a volunteer job with Suicide Prevention Action Network of Idaho and attend AA meetings.
“She’s a very dedicated person and has lots of letters of recommendation,” Snook said.
Mosely told Judge Thompson she wants early release from Idaho probation because it costs money for drug testing and because she wants to visit her adopted son in Montana. Another son was murdered in daycare in Chubbuck, she told Thompson.
Judge Thompson complimented her for doing well on probation despite the discharge from drug court. Thompson noted Mosely had no relapses into substance abuse while on probation and so he was inclined to discharge her from probation.