COURT OVERTURNS 2007 DRUG CONVICTION

Michelle Rae Sanford Was Sentenced To 48 Months

A 40-year-old St. Peter woman sentenced to prison in 2007 after a
jury found her guilty of felony methamphetamine possession has been
granted a new trial by the Minnesota Court of Appeals.

Michelle Rae Sanford should have been allowed to call an expert
witness to testify that she has post-traumatic stress disorder, the
appeals court justices ruled. The testimony could have explained her
erratic behavior, which prosecutors used to argue she was under the
influence of drugs, the ruling said.

On Aug. 13, 2003, Nicollet County Sheriff's deputies were called to a
rural property in Nicollet County because Sanford was having a
dispute with her ex-boyfriend, court records said. The property was
owned by the ex-boyfriend's father, who came home and called 911
after seeing they were in a heated confrontation that was only verbal.

When deputies arrived, they found jars in a bag on the ground that
were "right adjacent" to Sanford. At least one of the jars contained
methamphetamine.

The deputies also said Sanford was "hysterical" and "belligerent."
She had a cut on her arm, so she was taken to the hospital by
ambulance. An audio recording was made of the ambulance trip, which
showed Sanford was "clearly agitated and frequently incoherent," the
appeals court ruling said.

Sanford wasn't charged until July 2004 and didn't go to trial until
April 2007. During the trial, deputies were allowed to testify about
the way Sanford was acting and the recording from the ambulance was
played.

However, District Court Judge Allison Krehbiel ruled that Sanford's
psychologist, Jean Fortune, could not testify that Sanford's
post-traumatic stress disorder might have been responsible for her
behavior.

Sanford was found guilty of second-degree methamphetamine possession.
The jury found her not guilty of a first-degree possession charge and
two manufacturing charges.

"During the trial, much of the evidence introduced by the state cast
(Sanford) in a light that strongly indicated that she was under the
influence of methamphetamine," the ruling said. "This created the
risk that the jury would assume that, because (Sanford) was under the
influence of methamphetamine, she was more likely to have possessed
it.

"Ms. Fortune's testimony would have provided an alternative
explanation for (Sanford's) behavior. Specifically, it would have
demonstrated that (her) erratic behavior was a consequence of her
post-traumatic stress disorder rather than methamphetamine use."

It was "an abuse of discretion" for Krehbiel to not allow the
testimony, the ruling said.

Krehbiel sentenced Sanford to 48 months in prison on June 8, 2007.
Sanford is currently enrolled in Minnesota's Challenge Incarceration
Program, according to Minnesota Department of Corrections records.