Eddleman gets 30 months in cocaine case; Kurth gets 8 months

Former prosecutor sentenced to prison

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The booking photo of former Carbon County attorney Robert Eddleman.

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A federal judge showed little mercy for former Carbon County Attorney Robert L. Eddleman as he sentenced him Thursday to 2 1/2 years in prison for making cocaine available to friends who attended parties at his home.

"You were the chief law enforcement officer for Carbon County," Chief U.S. District Judge Richard Cebull told Eddleman. "You were the law and you didn't respect it."

Cebull also sentenced Eddleman's companion and co-defendant, Terri Jabs Kurth, to eight months in prison, followed by two years of supervised release, to include four months of electronic monitoring. He fined Kurth $10,000 in addition to a $50,000 forfeiture payment she already has made.

Cebull rejected defense characterizations that Eddleman and Kurth were simply casual users. He called them drug distributors because they bought cocaine and gave it to others. He held the pair responsible for 182 grams, or about 6 ounces, of cocaine.

Eddleman, 51, of Red Lodge, and Kurth, 43, of Billings, faced a maximum 20 years in prison and a $500,000 fine. Both pleaded guilty in March to an indictment charging them with conspiring to maintain premises for cocaine distribution. They admitted using cocaine and making it available to friends at their homes.

The judge dismissed three other counts. He agreed to recommend that Eddleman serve his sentence at a prison in Danbury, Conn., to be near family. Cebull allowed Kurth to surrender to the Bureau of Prisons when she is assigned to a prison.

More than 40 people, including supporters and investigators, attended the hearings. Cebull sentenced Eddleman first while Kurth sat with family in the audience.

The case is part of a bigger investigation that has led to two other indictments charging seven people with drug-trafficking crimes.

Prosecutors said the pair bought cocaine from accused trafficker Domingo Baez, 39, of Billings and stored and used the drug for four years until September 2008. Agents with the federal Drug Enforcement Administration and the Montana Division of Criminal Investigation began investigating Baez in August 2007. Baez is awaiting trial.

Eddleman, who has been incarcerated in protective custody in Glendive and under 23-hour lockdown, appeared in court wearing a white jail uniform and with his hands and feet shackled. Cebull earlier denied a request to allow him to wear street clothes.

Eddleman apologized to Carbon County citizens, law enforcement officers, his staff and his friends and family.

"I've learned from this lesson and it will not be the final chapter in my life," he said.

In sentencing Eddleman, Cebull said he considered going beyond the 24-to-30-month guideline range because of the flagrant disregard Eddleman showed for the law he had sworn to uphold. Instead, he gave Eddleman the top end of the guidelines, despite low-end recommendations from both defense and prosecution attorneys.

Cebull gave Eddleman a break under a "safety valve" provision, which shortens sentences for those who have a minimal criminal record, who cooperate, who did not use firearms, were not a leader and were not involved in violence. He also noted that Eddleman was a hard worker, good father and a good friend to many people.

But the judge ruled that Eddleman had obstructed justice by using his position as prosecutor to hinder investigations of accomplices and abused a position of trust. The enhancements lengthened the sentencing range.

Eddleman's conduct showed recklessness and arrogance, Cebull said.

"You considered yourself above the law," the judge said.

Brian Fay, Eddleman's attorney, said Eddleman accepted responsibility.

"Bob Eddleman is a good man who used exceedingly poor judgment," Fay said. "He's an optimistic guy. He'll be back."

Assistant U.S. Attorney Joe Thaggard, following a plea agreement, recommended a low-end sentence but said Eddleman needed to be punished for harming the criminal justice system.

As part of his plea deal, Eddleman resigned as county attorney.

Eddleman was appointed Carbon County attorney in June 2006 to fill a vacancy, then ran for office and won. Earlier, Eddleman was an unsuccessful Montana Supreme Court candidate, served as the Stillwater County attorney, worked in private practice and was a staff attorney with the Yellowstone County Public Defender Office.

Kurth apologized, too.

"Your honor, I'm sorry for breaking the law. I'm sorry for hurting my kids and my friends," she said, her voice breaking. "You will never see me in your courtroom again."

Kurth's attorney, Robert Kelleher Jr., asked for a split sentence of home confinement and probation, saying Kurth had taken responsibility, had children at home and no criminal history.

Cebull sentenced Kurth, the daughter of Jake Jabs, founder of the Colorado-based American Furniture Warehouse, at the low end of her guideline range, which was eight to 14 months. Kurth agreed earlier to pay $50,000 to settle a forfeiture count before sentencing. If she didn't pay, the government could have taken her houses in Red Lodge and Billings and her Lincoln Navigator, which were used in the offenses.

He commended Kurth's community fundraising activities but added, "You also gave cocaine to members of the community."

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