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News (Media Awareness Project) - US WI: Judge Declares Mistrial in Woman's Drug Case
Title:US WI: Judge Declares Mistrial in Woman's Drug Case
Published On:2003-01-27
Source:Milwaukee Journal Sentinel (WI)
Fetched On:2008-01-21 13:29:01
JUDGE DECLARES MISTRIAL IN WOMAN'S DRUG CASE

Waukesha - A judge has declared a mistrial in a drug case at the joint
request of a prosecutor and a defense attorney who said they may be able to
resolve the case without a trial.

District Attorney Paul Bucher and defense lawyer Frank Schiro asked Circuit
Judge James Kieffer to defer Kelly Pfau's drug case until summer. Kieffer
set a review hearing for Aug. 4.

Pfau, 28, of Milwaukee, is scheduled in July to complete a three-year term
of probation for being party to possession of marijuana with the intent to
deliver.

While on probation, she was involved in a vehicle crash Oct. 27, 2001, in
which her fiance, David Carrao, 28, of West Allis, died. Pfau was not at
fault in the crash; another motorist pulled in front of a Jeep Pfau was
driving and caused the collision, Bucher determined.

But Bucher charged Pfau with possession of a controlled substance,
oxycodone, without a legal prescription as a habitual criminal. A criminal
complaint says that while investigating the crash, Oconomowoc police found
29 OxyContin pills and a straw with drug residue in Pfau's purse. Blood
tests of the two drivers showed that Pfau had oxycodone in her system at the
time of the crash, the complaint says.

Pfau denied knowledge or use of the pills found in her purse and pleaded not
guilty. In his opening remarks to jurors, Schiro said that others had
rummaged through her purse after the crash and before police searched it.

Schiro later sought a mistrial, saying Bucher had failed to provide evidence
timely to the defense. The evidence was information that Pfau's fingerprints
were not found on the bottle containing the pills.

Bucher said he provided that report earlier than Schiro said he received it.
After meeting behind closed doors in chambers with the judge, both lawyers
sought a mistrial and asked to review the case in August to hopefully
present a plea agreement to avoid a second trial.
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