February 10, 2012 at 7:55 p.m.
Hildebrand wants charges dismissed
Hildebrand wants charges dismissed
John L. Hildebrand appeared in Oneida County Circuit Court Friday morning for a preliminary hearing. The state called one witness but the hearing was not completed because the investigating officer had a family emergency and was not available to testify.
The witness who did testify told the court he used a substance that he believed to be bath salts with Hildebrand on two occasions.The witness testified the substance he used produced a high similar to methamphetamine and cocaine "but it's not exactly the same."
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Charges
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According to the National Institutes of Health website, bath salts is a common name for a powerful, designer stimulant drug that mimics the effects of cocaine and methamphetamine. It is believed the name bath salts is used because the substance looks similar to bath salts commonly used for soaking in bathtubs.
During cross-examination, Hildebrand's attorney David Penn repeatedly asked the witness if he knew for certain what was in the white powder substance he was using.
"Wouldn't it be accurate that you really didn't have any idea whether or not that substance you smoked on those occasions contained the chemicals known as 4-MMC or MDPV?" Penn asked. "As a matter of fact, you really have no clue of the identification of the substance that you smoked, only the effect you got after smoking it and your experience was not the same as methamphetamine?"
The witness said he thought Hildebrand told him it was bath salts but admitted that he did not have information on the exact chemical consistency of the substance. 4-MMC (4-methylmethcathinone) and MDPV (methylenedioxypyrovalerone) are restricted controlled substances commonly found in bath salts.
Following the witness's testimony, the hearing was adjourned until next Friday afternoon at which time Det. Sgt. Sara Gardner is expected to testify.
Following testimony, Penn argued for modification of bond based largely on a contention the state doesn't know whether Hildebrand was using and delivering illegal substances or a form of "bath salts" that does not contain prohibited chemicals.
"There is a field test only on residue powder in a bag from Mr. Hildebrand's residence that the detective says is positive for the presence of bath salts but there is no field test that has been developed, tested and certified that can distinguish between bath salts that contain these prohibited substances and bath salts that don't," he said.
Oneida County District Attorney Mike Bloom conceded drug users and manufacturers are constantly coming up with new analogs and derivatives in an attempt to avoid prosecution but noted he believes Gardner's testimony will clarify some of the issues Penn raised. He also said analogs and derivatives of 4-MMC and MDPV are illegal and appear to be gaining a foothold in the community.
"There doesn't appear to be any dispute that a destructive substance is coming into the community. It is being provided to others and it's being done by Mr. Hildebrand on a relatively large scale," he said.
After hearing arguments from both sides, Judge Patrick O'Melia was not persuaded to reduce bond. Given the severity of the charges and Hildebrand's previous criminal history, he has a previous conviction for possession of cocaine, O'Melia said $15,000 cash bond is appropriate.
Hildebrand, 46, owner of Hildebrand Construction Company, Inc. and Discreet Pleasures adult novelty store, was charged Jan. 30 with one felony count of conspiracy to deliver 4-MMC and/or MDPV, five felony counts of manufacture/delivery of 4-MMC and/or MDPV, two felony counts of maintaining a drug trafficking place, one count of felony possession of THC with intent to deliver and one misdemeanor count of possession of drug paraphernalia.
According to the complaint, the Oneida County Sheriff's Office began investigating Hildebrand after one of his employees reported suspicious behavior.
The employee stated she started working for Hildebrand's construction business in October 2011 when she saw her boss open a brief case containing a large amount of currency, plastic bags and about 10 prescription medication bottles.
Through the course of her work, the employee said she was also able to observe a digital scale, a list of various drugs including weights and prices, and printed Internet documents on various drugs with the prefix "meth" including the substance "bath rocks."
The complaint states the employee also told police she saw unknown subjects leaving the storage garage, located across the street from the construction office, looking disheveled and excessively sweaty. She also reported seeing her boss in a similar state on one occasion.
In January, officers executed a search warrant at Hildebrand's residence and at the Discreet Pleasures store where they seized numerous items of drug paraphernalia as well as substances believed to be synthetic marijuana, baggies containing white powder and four dosage units of Morphine and Oxycontin.
Oneida County Corporaton Counsel Brian Desmond and county Zoning Director Karl Jennrich were in attendance at the preliminary hearing. Desmond said the Conditional Use Permit (CUP) issued to Hildebrand for the operation of Discreet Pleasures is under review.
"We're gathering information," he said.
If convicted of all charges, Hildebrand could spend the rest of his life in prison.
He is not associated with the Hildebrand-Russ Funeral Home.
Heather Schaefer may be reached at [email protected].
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