Contraband costs man year in prison

PALMER -- A 21-year-old man has pleaded no contest for his part in arranging to have marijuana and tobacco brought into the Palmer Correctional Center, where he was being held.

John A. Linebaugh, who originally pleaded not guilty, made his change of plea Jan. 30 in Palmer Superior Court to a felony count of promoting contraband. Under a deal with the Palmer District Attorney's Office, Linebaugh agreed to two years in prison with one year suspended and five years' probation on the contraband charge.

Assistant District Attorney Bob Collins said Linebaugh had a female visitor bring a small amount of marijuana, a pound of tobacco and some rolling papers to the prison. "She secreted them in the rest room," Collins said during an interview.

The agreement also involved a change of plea involving an unrelated charge of second-degree burglary committed in Anchorage. For that charge, Linebaugh pleaded no contest Jan. 30 in exchange for a similar deal -- two years in prison with one year suspended, five years' probation, and $650 in restitution. Under the arrangement, the jail time and probation periods from the two cases will be served concurrently rather than consecutively.

However, Judge Beverly Cutler declined to sentence Linebaugh for the combined cases until she receives a pre-sentence report on Linebaugh. She said it's likely he will violate terms of probation after release from prison, and a pre-sentence report will help determine what conditions should be placed on probation.

She cited Linebaugh's past record in making the decision.

"I'm wondering about the wisdom of a criminal justice system that would waive a pre-sentence report for someone who has a record going back to the time he turned 18," Cutler said. "It's 50-50 that he's not going to skate through five years of probation. Mr. Linebaugh is a petition to revoke probation waiting to happen."

Cutler noted Linebaugh was charged with five misdemeanors during 2002. Two misdemeanor charges on the Anchorage burglary case to which he pleaded no contest last week were dismissed under the deal with Palmer prosecutors.

Defense attorney Dave Berry said Linebaugh wanted the pre-sentence report waived so he could be sentenced last week.

"He wants to be sentenced because he believes he'll be sent to Arizona," Berry told the judge.

In an interview after the court session, Berry said Linebaugh has relatives in Arizona and wants them to be able to visit.

Cutler said during the session that it's unusual for the Alaska Department of Corrections to send prisoners to Arizona unless they're serving at least two years. Linebaugh indicated he has worked out an agreement with the DOC to allow his transfer.

A pre-sentence report is due by March 26. Cutler set sentencing for April 12.