A Colorado woman was held in work release for nearly a year for possessing a legal drug, says the Rocky Mountain News.
“You were incarcerated for a case that was not a crime,” Mesa County Judge Brian Flynn told Allysan Isaac, 24. Flynn, the prosecutor and Isaac’s defense attorney were unaware that the offense she was charged with was not a violation of the law. No one had noticed that a prescription drug found in her possession, an anti-anxiety medication called Buspirone, is not a controlled substance.
A new defense attorney did. Now, she has been ordered to serve probation and receive intensive mental health treatment for passing another medication on to a fellow inmate during a 90-day jail term. Her original defense attorney said of the false charge: “Nobody caught it. The police were saying it was a controlled substance.”