May 23, 2018 at 5:33 p.m.
Healy draws prison sentence in meth case
Healy draws prison sentence in meth case
The sentence resolves three cases filed against Andrea D. Healy, two from 2015 and one from 2017. After she completes her prison sentence, Healy will also serve three years probation.
The two cases from 2015 were related to charges she and her fiancee Richard C. Nitschke, 52, and other people were making methamphetamine in small batches in their home using the "shake and bake" method. The couple, and various accomplices who shared the drugs in exchange for acquiring the precursors, were arrested twice by members of the Oneida County sheriff's office, along with members of the Rhinelander Police Department, the Northcentral Drug Enforcement Group (NORDEG), and the Wisconsin Department of Justice.
The two each faced 15 felony charges in the two cases.
On Sept. 7, 2016, Oneida County circuit judge Michael Bloom withheld sentence on the four felonies and one misdemeanor to which Healy pled no contest, placed her on probation for three years and ordered her to serve 90 days in jail. The remaining charges were dismissed.
Nitschke received a similar sentence July 8, 2017.
On Nov. 21, 2017, a Rhinelander Police Department detective went to Nitschke and Healy's house as part of an unrelated investigation. When Darcy F. Skavlund, 31, opened the door to the residence, the detective detected a strong odor of marijuana. Healy was then arrested.
According to the complaint, numerous pieces of drug paraphernalia, marijuana, a substance believe to be manufactured methamphetamine and precursors for the manufacturing of meth were discovered after a search warrant was executed at the residence.
Healy and Nitschke made their initial court appearances Nov. 22 on identical charges of intentionally contributing to the delinquency of a minor (felony), possession of methamphetamine, manufacture or delivery of methamphetamine, possession of methamphetamine precursors, knowingly possess methamphetamine waste and possession of THC (second+ offense).
After the charges were filed, the Wisconsin Department of Probation and Parole started the process of formally revoking Healy's probation on the 2015 charges.
On April 30, Healy pled no contest to intentionally contributing to the delinquency of a minor and possession of methamphetamine precursors, both with the party to a crime enhancer.
At sentencing May 16, assistant district attorney Mary Sowinski pointed out that Healy has a criminal record dating back to 2001, much of it due to an alcohol and drug addiction.
"The case is striking for the fact that Miss Healy didn't seem to have any (sense of) either wrongness or burden, or both, to prevent her child from being exposed to the dangerous chemicals that she was. I think the evidence will suggest she was both using and sharing with others," Sowinski said. "And obviously knowingly, or at least the evidence would support the inference, that she exposed him to begin a life that would look very much like her life has been since 2001."
Sowinski said she has no explanation for why Healy relapsed and started using meth again, but argued that probation and treatment are no longer appropriate in this case. She asked for a prison sentence that would allow Healy to take advantage of addiction services available, along with a lengthy court supervision afterward.
Healy's attorney Richard Shawl agreed that Sowinski's recitation of his client's criminal record was accurate, but said her life since 2001 "hasn't been a complete waste of time and breath." He said it is a often heard complaint from prosecutors that they don't understand why people like Healy go back to using drugs again despite all the chances the legal system has given them.
"It is the fundamental nature of addiction to defeat one's own noble interests," Shawl said. "That is the nature of the beast."
He also told the court he has heard anecdotal evidence that the chances of beating alcohol addiction through inpatient treatment are about the same percentage-wise no matter how many attempts at sobriety have been made.
"In other words, don't give up the ship. If you fail the first time, try a second," he said.
Healy had been making great strides in staying drug and alcohol free since her 2016 sentencing, he added. She worked to become a recovery counselor and had 20 consecutive drug screens while on probation, he said.
"She doesn't want to go to prison, who does?" Shawl said. "Some prison is probably necessary, that's a bitter truth."
Shawl suggested the minimum prison sentence that would qualify Healy for the substance abuse program. The extended supervision would give the court the ability to send her back if she violates the terms of parole, he added.
Given her chance to speak, a tearful Healy apologized to Bloom and her two children for her actions.
Bloom said the key question he must answer is this - at what point does he, as a judge, call a halt to short jail sentences and treatment and impose prison time?
"There is nobody else in this courtroom who knows what it is like to have to look somebody in the eye and say you have to go to prison," Bloom said. "And that is unpleasant enough, so I can only imagine having to go."
While Healy did make great strides in fighting her addiction, she started using again and her conduct was made more aggravated by the fact that her minor child was caught up in it, he noted.
Given this aspect of the most recent case, he said he could not justify not imposing some time in prison.
Jamie Taylor may be reached via email at [email protected].
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