Drug smuggler avoids more jail time

By Nate Robson / The Citizen

Wednesday, April 8, 2009 4:47 PM EDT

AUBURN - A Bronx woman who pleaded guilty to smuggling balloons filled with heroin and marijuana to an inmate at the Auburn Correctional Facility was sentenced in Cayuga County Court Tuesday to five years of probation with time already served in jail.
Xiomara Polanco, 23, of 730 E. 165th St., apartment 5F, served nearly 130 days in the Cayuga County Jail after she was caught by corrections officers smuggling drugs to acquaintance on Oct. 18.

On Feb. 24, Polanco pleaded guilty to first-degree introduction of prison contraband and third-degree attempted criminal possession of a narcotic drug, both felonies.

Because Polanco has no prior criminal record and has young children, Cayuga County Judge Mark Fandrich said he would impose a lenient sentence, but warned her never to return to his court.

“Ma'am, I'm giving you a break because it is your first offense and because of the age of your young children,” Fandrich said. “If I see you again, I will send you to jail.”

When given a chance to address the court, Polanco apologized for her actions.

“I am sorry, I will never do this again,” she said. “I want to change my life and be there for my kids.”

Also in court:

• A man who possessed videos of children between the ages of 5 and 10 years old engaging in sexual acts may pose a risk of re-offending, the Cayuga County District Attorney's Office said.

As Brian Barnum, of 129 Prospect St., was sentenced to six months in jail with 10 years of probation, Cayuga County District Attorney Jon Budelmann said he was concerned that Barnum may still be a risk to the community based on comments he gave to probation officers during a pre-sentence investigation.

In those statements Barnum said he is addicted to porn and “that the regular stuff just doesn't work for him anymore,” Budelmann said after court. “To me that means he is interested in younger children, making him a threat to the community.”

Simon Moody, an attorney for Barnum, said he believes it is inappropriate for either him or the DA to comment on those statements.

Barnum will have to register as a sex offender on June 5. That hearing will determine the risk Barnum poses of re-offending.

• A Skaneateles man pleaded not guilty to two counts each of third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance, all felonies.

Michael Bozeat, 31, of 104 E. Lake Road, is accused of selling cocaine within Auburn city limits on Sept. 11, 2007.

Bozeat remains free on $2,500 cash.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

The Citizens' Say

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There are 5 comment(s)

Deb B wrote on Apr 8, 2009 12:21 PM:

" She should be sentenced to the max allowed by law. We do not need criminals from other parts of the state coming to Auburn smuggeling drugs to convicts. We have enough problems with our own residents, we don't need more!
If she visits convicts and smuggles drugs, she probably should not be raising kids!! They need to be educated to be able to make better choices in their lives. Do you think that she is equipped to provide that education? "

The Bone wrote on Apr 8, 2009 11:00 AM:

" longboard315 Your right to a point. Making them pay a heavy fine will not do anything,they just wouldn't pay it. They will cry i have to money and thats the end of it. We need to go after the DEALERS and SUPPLIERS and put them in jail. I know one that as soon as he got released he started to sell again and the police knows and doesn't do anything about it. WHAT ARE WE TO DO????????? "

longboard315 wrote on Apr 8, 2009 10:19 AM:

" The Bone - yeah, thats a real logical solution....throw her in jail for a few years (@ $25,000 per year) and then put her kids in a foster home (probably another $25,000 per year per kid). Typical narrow-minded thinking by the general American public. First thing - what was she smuggling? Weed, coke, etc? We dont know. And not defending what she did, it was definitely WRONG. But whats really wrong is our drug laws. Instead of filling our jails with people like this (they are not violent offenders - more like bootleggers for a better term who dont necessarily belong in jail) you want to hit people where it hurts the most - in thier pocketbooks and you FINE THEM....heavily! Saves the taxpayers money, and puts $$ back into the state system. Then she will think twice about doing this the next time. "

The Bone wrote on Apr 8, 2009 8:18 AM:

" First they should throw the book at her,and she is sorry till the next time.WE NEED TO GET ALL DRUGS OFF THE STREETS--BUT AUBURN POLICE PICK AND CHOOSE WHO THEY GO AFTER. "

Andy B wrote on Apr 8, 2009 7:51 AM:

" ridiculous "

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