AUBURN -- A Pennsylvania woman's guilty plea to stealing anhydrous ammonia was revoked in Cayuga County Court Wednesday amid allegations she lied to protect a codefendant.
Cayuga County Chief Assistant District Attorney Christopher Valdina said Christine Cole, 28, of Troy, Pa., lied when she said she alone stole anhydrous ammonia on Feb. 10. The fertilizer is a common ingredient used in the production of methamphetamine.
When Cole pleaded guilty to fourth-degree felony grand larceny on May 21, she said she poured the fertilizer into a milk jug, and that she could not remember where her codefendant, Gabriel Spencer, was at the time.
The DA's office has said that according to a surveillance video, a male suspect took the fertilizer and that Cole was an accomplice.
Cole had been promised six months in jail on the condition that she cooperated in the investigation against Spencer.
"She nullified any prospect that she could cooperate; she went on the record she alone stole the (anhydrous ammonia)," Valdina said.
"Clearly she's trying to take the rap for him, that was the plan. If she's going to do that, she's not going to get the offer from us."
Going against objections from Cole's defense attorney, Sam Tamburo, who said his client did not minimize Spencer's involvement, Judge Thomas Leone said he could not in good consciousness proceed with the plea arrangement.
"Based on the case law and the records the court reviewed last week, I am in agreement with the district attorney," Leone said.
Cole's case will return to pre-indictment status, reinstating the charges of third-degree felony burglary, and the misdemeanor crimes of fourth-degree attempted grand larceny, petit larceny, possession of burglar's tools and fifth-degree conspiracy.
When Cole pleaded guilty to fourth-degree felony grand larceny on May 21, she said she poured the fertilizer into a milk jug, and that she could not remember where her codefendant, Gabriel Spencer, was at the time.
The DA's office has said that according to a surveillance video, a male suspect took the fertilizer and that Cole was an accomplice.
Cole had been promised six months in jail on the condition that she cooperated in the investigation against Spencer.
"She nullified any prospect that she could cooperate; she went on the record she alone stole the (anhydrous ammonia)," Valdina said.
"Clearly she's trying to take the rap for him, that was the plan. If she's going to do that, she's not going to get the offer from us."
Going against objections from Cole's defense attorney, Sam Tamburo, who said his client did not minimize Spencer's involvement, Judge Thomas Leone said he could not in good consciousness proceed with the plea arrangement.
"Based on the case law and the records the court reviewed last week, I am in agreement with the district attorney," Leone said.
Cole's case will return to pre-indictment status, reinstating the charges of third-degree felony burglary, and the misdemeanor crimes of fourth-degree attempted grand larceny, petit larceny, possession of burglar's tools and fifth-degree conspiracy.
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