Pubdate: Thu, 27 Jan 2000
Source: Sudbury Star (CN ON)
Copyright: 1999 The Sudbury Star
Contact:  33 MacKenzie St., Sudbury, Ont., P3C 4Y1
Fax: (705) 674-6834
Website: http://www.thesudburystar.com
Author: Harold Carmichael, The Sudbury Star

JUDGE SENDS ADDICT AWAY FOR 90 DAYS

The federal prosecutor asked for a six-month jail sentence, citing
that the accused only quit his heroin addiction because he was in jail.

The defence lawyer asked for 30 days, pointing out his client had
successfully kicked his drug habit and added that three-and-a-half
months had been spent in pre-trial custody.

Superior Court Justice Louise Gauthier went down the middle Wednesday,
giving Christopher Mitchell, 28, a 90-day jail sentence on two counts
of possession of a controlled substance and one count of breach of
recognizance.

Citing Mitchell's lengthy criminal record, Gauthier ruled "it would
not be appropriate to simply tack on a minute period of time."

The justice also put Mitchell on 12 months' probation and ordered him
to undergo an assessment at the Pinegate Addiction Service or another
treatment facility.

Mitchell pleaded guilty Dec. 14. He had originally been charged with
possession of a controlled substance for the purpose of trafficking,
but pleaded guilty to the lesser offence of simple possession.

In exchange for the guilty plea, federal prosecutor Joe Fragomeni
withdrew charges of possession of proceeds of crime and breach of
recognizance.

Mitchell was wanted by Sudbury Regional Police on an outstanding
warrant last April when he was spotted by officers at the intersection
of Howey Drive and Somerset Street in Sudbury on April 19.

After a chase, and with the help of a canine unit dog, police arrested
Mitchell.

Police found heroin, 48 valium tablets and $2,146 in cash (Fragomeni
was granted an order Wednesday that the money be turned over to the
Crown).

Judy Buchanan, acting nursing supervisor at the Sudbury Jail,
testified Thursday that Mitchell admitted he had abused heroin,
dilotids (pills taken by cocaine users to come down after taking the
drug) and cocaine when he was admitted to the jail upon his arrest.
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