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Woman arrested during county's first meth lab investigation given one year probation

A Jackson Street resident who got caught up in a meth ring nearly two years ago was given one-year probation in Federal Court on Friday.

Denise Montgomery, 42, previously entered a guilty plea to a federal charge of  "making available for use a place for the purpose of manufacturing, storing, distributing and using methamphetamine."

Montgomery was arrested in November 2009, and investigators said they found in her house a hot plate, unknown chemicals, glassware, and coffee filters containing residue.

In a press release, the U.S. Attorney's office said, "all...items (are) consistent with the clandestine manufacturing of methamphetamine."

The arrest of Montgomery followed a raid earlier that day, Nov. 12, 2009, at 789 Lewiston Road, Alabama, where a suspected meth lab was found.

The property was owned by Kenneth W. Mosholder, 44, who wasn't arrested until later at Montgomery's house.

Arrested at the trailer in Alabama were Dustin R. Behman, 20, along with Mosholder's then 17-year-old son. They were in the trailer playing video games at the time of the early morning raid.

Kenneth Mosholder died in May, 2010, and was never prosecuted.

Behman was eventually sentenced to six-months house arrest and three years probation. In an interview with The Batavian, Behman said he had turned his life around.

The Mosholder meth operation was the first of several meth-related busts in Genesee County and Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force, has said several of the alleged labs later found in the county could be tied back to Mosholder's operation.

Lisa Falkowski
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Joined: Jun 23 2009

All of the concern and hysteria about meth labs...she gets a year probation!? Next time, use a crying towel. I'd prefer not to hear anyone complain if this is the limit of punishment available by law. !@#

Amy Platten
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All she gets is one year of probation. That is like a slap on the wrist. Pitiful!

bud prevost
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Some lawyer, somewhere, got paid big bucks to keep her out of federal prison. I know for a fact that a couple of the meth makers from Leroy got 3 years. That's the difference between pro bono lawyering, and $10,000( just a guess that's what it cost Ms. Montgomery)

Lisa Falkowski
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Joined: Jun 23 2009

I side with the idea that this may not have been true justice, but I don't agree that the $$ amount of an attorney has anything to do with "how good" they are or are not.

In light of extreme sensitivity on this site today, I wish to say that all opinions are respected.

Unfortunately, none of us can change this outcome.

RICHARD L. HALE
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Joined: May 22 2009

One year probation.....boy, I'll bet she never does THAT again....

bud prevost
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Lisa, you have obviously never been poor and on the wrong side of the law. An attorney who is getting paid a normal $250-300 an hour is going to work more diligently than the attorney who is forced by the court system to provide pro-bono work. Why do you think prisons are full of poor minorities,and not bankers or politicians? It's the almighty dollar.

Chelsea Harmon
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Now what I don't understand is how Ms. Montgomery gets away with 1 year probation, when she was making the meth, while Mr. Benham was just sitting in the trailer playing video games gets 3 years probation and 6 months house arrest?? Where is the logic in that? SMH only the law....

Chelsea Harmon
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That is right Dustin was the "cook" and I have read that one, but they were all in the house why would they not all receive the same treatment? Or is there something I am missing to that Ms Montgomery was just a bystander allowing it to happen in her house? It just makes no sense that she doesn't get 3 years probation and house arrest too!

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