NORWICH – Judge Frank B. Revoir, Jr. presided over Chenango County Court on Nov. 22. A repeat female offender avoided prison, despite her lack of cooperation with Chenango County criminal justice system.
Desiree Prosser, 24, Norwich, pleaded guilty to the class E felony of attempted promotion of prison contraband in the first degree. Prosser knowingly and unlawfully try to introduce contraband into a correctional facility. She put heroin in a card and mailed it to her boyfriend at the Chenango County Correctional Facility.
District Attorney Joseph McBride looked at Prosser and asked, “Did you know it was wrong?” Prosser turned to McBride and said, “Yes, I did.”
Prosser was arrested for the class E felony but conditionally released to await sentencing. Prosser failed to meet the conditions of her release, so she was remanded to the Chenango County Correctional Facility and held to await sentencing.
McBride said that Prosser was originally given a conditional release and was drug tested as a condition of her release. He said, “Judge, she had urine up her sleeve and tried to lie about her results. She made a big scene and blamed the county employees and accused them of lying about her behavior.”
Processer’s public defender, John Cameron responded to McBride’s statement and said, “My client admits that the incident Mr. McBride described did happen. She knew she would test positive and made an error in judgment. She did test positive for heroin, and I was told that she would be an excellent candidate for drug treatment court.”
“She falsely accused court staff of essentially committing a crime. I think she should apologize on the record, so I can present it to the county employees that she accused. I do not think the offer should stay on the table if she does not apologize for her behavior,” said McBride.
Prosser faced Judge Revoir and said, “I am sorry. It was a mistake. There is nothing I can really say.”
Judge Revoir addressed Prosser’s apology and said, “Mr. McBride is right. No one in the court system should have to fear being accused of wrongly committing a crime themselves.”
“Based on her apology, I will keep the deal on the table. But I will not forget what happened and the court’s not going to forget what’s happened. If she fails to follow the rules, she will be removed from the community up to four years,” said McBride.
Prosser received a split sentence for the class E felony of attempted promotion of prison contraband. She received six months incarceration at the Chenango County Correction Facility and five years probation, less time spent incarcerated.
Revoir told Prosser that one of the conditions of her probation is that she attends the drug treatment court program and must comply with their conditions. He said she will be required to get a job, do 20 hours of community service or attend school full time.
“You have a long history of domestic violence issues with your ex-boyfriends and fathers of your children. That stops here. If over that four and a half years you are on probation, you repeat the same behavior, I promise you that I will send you to prison,” said Revoir.
“Judge, I have changed. Recently, I’ve accomplished more than I ever have. I needed a program like this, and I am getting the help I need,” said Prosser.
Judge Revoir emphasized his position and said to Prosser, “There is no one in here that does not want you to succeed. You have a long rap sheet starting from 2005; this behavior has been going on for eight years. This is the end of the line. Honestly, when I looked through your file, my gut feeling was to send you to the Shock program. It has an intensive and comprehensive drug and alcohol component and an educational component. I think it would have been beneficial to you. But I am willing to go along with this and give you the opportunity to be near your children,”
“Judge, she needs to understand that using and being involved in heroin is just a death sentence,” said McBride.
Revoir nodded his head to McBride’s comment and said to Prosser, “We do all here wish you good luck and success, for your sake and more important for the sake of your children.”