Posted on 07/09/2002 2:36:19 PM PDT by nimc
Courtroom shooter sentenced on meth charges
SONORA -- In a brief hearing that featured none of the theatrics that gained her fame, Ellie Nesler was sentenced Monday to six years in state prison for furnishing methamphetamine and possession with intent to manufacture the drug.
Nesler, whose stunning 1993 courtroom shooting of a man accused of molesting her son made her the subject of a made-for-television movie, did not speak during her sentencing hearing in Tuolumne County Superior Court.
Instead, Nesler -- who pleaded guilty last month but maintained her innocence -- sat quietly in black-and-white striped jail garb, turning around occasionally to smile at several of her family members.
Although Nesler remained quiet, her 17-year-old daughter, Rebecca, spoke up as her mother was being led out of the courtroom.
Rebecca Nesler asked Judge Eric DuTemple if she could give her mother a hug because she feared she would not be able to visit her in state prison.
"Me and her are like best friends," Rebecca Nesler told DuTemple.
However, he rejected her request and suggested she arrange to see her mother in the county jail before she is transferred to state prison.
The younger Nesler followed her mother outside the courthouse, where Ellie said, "I love you, Rebecca."
Ellie Nesler will be required to serve a little less than four years in state prison for her crimes. She could have been sentenced to 15 years in state prison had she gone to trial and been convicted.
Nesler received more than a year's credit for time served in jail since her arrest in October and must serve at least 80 percent of the remaining sentence in state prison. That equates to a little less than four years.
Authorities said a paid informant told them that Nesler had given him a small amount of methamphetamine and that Nesler wanted to buy pseudoephedrine so she could manufacture methamphetamine.
Authorities gave the informant 10,000 pseudoephedrine pills and Nesler provided him with a vehicle pink slip, a computer and a promise of cash and methamphetamine in exchange for the pills.
Nesler was arrested after she left the informant's home Oct. 8 and authorities found the pills in her car.
Cliff Woodall, Nesler's attorney, said Nesler had no plans to make methamphetamine, but that she wanted to hold the pseudoephedrine until the informant paid her some money he owed her.
But David Lowe, a deputy attorney general prosecuting the case, said taped conversations showed there was "absolutely no question" that Nesler planned to be on hand while methamphetamine was made.
Outside the courtroom, several of Nesler's family members said she was set up, was not involved in drugs and pleaded guilty only to avoid the prospect of an even-longer sentence if a jury convicted her.
Marrietta Adams, Nesler's sister, said if Tuolumne County law enforcement was truly interested in getting to the bottom of the case, it would have followed Nesler to see what she did with the pseudoephedrine pills instead of arresting her minutes after she left the confidential informant.
"They didn't care about the 'big guy,' " Adams said. "Their mission was to get Ellie Nesler."
Lowe, however, defended the arrest, saying law enforcement could not afford to lose track of 10,000 pseudoephedrine pills. "That makes a lot of dope," Lowe said.
Adams criticized law enforcement's use of a paid confidential informant, saying authorities used a "druggie to prey on someone who made a few bad choices."
Rebecca Nesler said she was "pretty positive" her mother was not involved with drugs. She said it hurt her at first to learn her mother had pleaded guilty because it would preclude her from attending her high school graduation.
"But then I realized if she was found guilty (and sentenced to 15 years in prison), she wouldn't just miss my graduation, but marriage, kids -- the really important things in life," Rebecca Nesler said.
Ellie Nesler was diagnosed with cancer while serving time in state prison for her manslaughter conviction in the shooting death of Daniel Mark Driver in Jamestown Justice Court in 1993. She originally was sentenced to 10 years in prison but was released on parole in October 1997.
Adams said her sister was not doing well physically. "We'll never see her again out on the street," she said.
But Rebecca Nesler refuted that, saying her mother is in "high spirits" and doing well physically. "She already promised us once before she wouldn't die in prison," Rebecca Nesler said.
Now, after all the heartache she put her family through, here she is again. Still on meth, conspiring to manufacture more to peddle off to kids. Her, " like best friend" daughter will have to visit her mom in the big house. Ruining lives is a career for 'poor' Ellie.
Sad story, but no sympathy for Ellie, just her victoms.
Assassinated him IN the courtroom, served just under 4 years.
The pervert that molested her son had seven priors for the same crime and was about to get three years probation. This is typical for the pro homosexual judges in some CA counties. Ellie was considered white trash in the Sierria Nevada court system and as such would never get any justice for her son. Ellie was being protrayed as some kind of hero at the time, until it was revealed that she had a prior for meth and was high at the time of the shooting.
In CA where only the wealthy and politically connected ever get justice vigalante or rough justice is a choice. I knew corrections officers that were sporting bumper stickers that said, "Free Ellie Nestler". I think she did what she had to do, it is a said story.
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