DILLNGHAM: James L. Folsom, Jr., 28, of Dillingham, was sentenced last Friday to 18 months in prison for distributing heroin in November 2012. Two years after his arrest, Folsom pleaded guilty to a reduced charge of attempted second degree misconduct involving a controlled substance.
The case began late in 2012 when law enforcement was tipped off that Folsom was selling heroin in Koliganek. A WAANT investigator, troopers, Dillingham police, and the Koliganek VSPO coordinated the bust. As they surrounded his residence, they saw a can being handed out of a window. Inside of the false bottom soda can was 4.5 grams of black tar heroin, approximately 45 doses. Folsom also had a .357 magnum revolver, and $2700 in cash in hundred dollar bundles. The approximate street value for a one-tenth gram of heroin is $100 in Bristol Bay.
Judge Daniel Schally called the case “hotly litigated,” and noted that Folsom had hired some of the best, and priciest criminal defense lawyers in the state. Through all of the many motions filed by his attorneys, the judge said he had learned much more about the case than usual, and said there was no doubt in his mind Folsom had been distributing heroin as charged.
On Friday, Folsom initially asked to have a public defense attorney assigned to his case, citing more than $30,000 in legal fees owed to the law firm of Rex Lamont Butler and Associates. After the judge gave him time to reconsider, Folsom proceeded with their representation.
His attorney, George Dozier, cast his client as a heroin user in need of treatment. Dealing heroin had been a way to fund the addiction.
“He made a bad decision,” said Dozier, “but, although not excusable, perhaps understandable.”
The judge, and the prosecutor, cited the community’s intolerance of drug trafficking, especially heroin.
Folsom took issue with that, saying during his allocution that he is not the dealer he has been portrayed as.
“I wasn’t out selling drugs to all these kids, and like I have nothing to do with what’s going on in the community right now,” he said. “This happened three years ago in a village two hundred miles away, so I just don’t see how that comes into play with my case. I mean, anything that’s going on right now in Dillingham has nothing to do with me.”
Judge Schally accepted the state’s recommendation of a 36 month sentence with 18 months suspended, leaving 18 months of active jail time. He will be on probation for three years following his release, and was ordered to forfeit the cash and gun seized at the time of the bust.
Folsom asked for a delayed remand to give him time to put his affairs in order. Judge Schally denied that request, saying the case had dragged on long enough with plenty of notice of Friday’s sentencing. Folsom then became uncooperative and threatened to assault a law enforcement officer attempting to collect his fingerprints.