Abraham seeks to have evidence thrown out for probation violation
Bonners Ferry woman will seek to have evidence thrown out during a probation violation hearing at 11 a.m. Tuesday, Aug. 25, at Boundary County Courthouse.
Nicole Abraham, 24, is on felony probation for supplying 16-year-old James “Jimmy” Wylie of Bonners Ferry with the drugs that led to his death on Dec. 12, 2006.
Abraham and her attorney Rex Finney are claiming evidence obtained during a search of Abraham’s residence while she was on probation is not admissible.
On June 9, Abraham was charged with possession of cocaine with intent to distribute and possession of methadone, both felonies, and possession of drug paraphernalia, a misdemeanor. A tip led the Boundary County Drug Task Force to her home in the Kootenai Tribal Mission, which is considered Indian country.
On June 9, Abraham signed a drug use admission form that stated: I certify that this admission to drug use and other information contained was provided on a voluntary and un-coerced basis. I understand this information may be used against me in court and that information supplied may be turned over to law enforcement.
She admitted using cocaine and methadone in this statement. The drug test Abraham submitted to on June 9 showed positive for cocaine and opiates.
On July 1, the state dismissed the drug charges against Abraham due to lack of jurisdiction.
After Abraham was arrested on tribal lands outside Bonners Ferry with 12, one-gram baggies of cocaine, and 10 methadone tablet, Boundary County prosecutor Jack Douglas said jurisdiction lies with the Kootenai Tribe of Idaho or the federal government.
Douglas is working with the U.S. Attorney’s Office and the tribal court in an attempt to see charges re-filed against Bonners Ferry drug suspect Abraham.
Other probation violation according to court records, in May 2009 Abraham was cited in Washington for driving on a suspended driver’s license, and on May 18, was charged with leaving the state without permission from her probation officer and was placed in Boundary County jail for 5 days for the violation.
Abraham was instructed by her probation officer after she bonded out on another probation violation that she needed to find a home in Sandpoint, according to court records.
On July 1 it is alleged that after bonding for the previous probation violation Abraham left the state to the coast of Washington, where she boarded a cruise ship bound for Alaska .
Further investigation revealed that Abraham left on July 4 and boarded the Alaskan cruise ship. According to court records a travel agency in Sandpoint confirmed that Abraham was on the cruise ship July 7 through July 9. Word was received and verified with the travel agency that Abraham had been kicked off the ship for fighting with other passengers.
In a written statement from her probation officer:
Abraham takes no responsibility for her probation and has the “I will do what I want attitude” Her criminal thinking has not changed and I believe she is a threat to the safety and security of the community. I have received several calls from Kootenai Tribal members not wanting Nicole back in the area. Ms. Abraham needs to be in a structured environment like Idaho Department of Corrections where she can receive counseling and treatment for her drug abuse.
Kootenai Tribal councilwoman Velma Bahe told The Herald that Abraham is no longer allowed on the reservation or tribal lands.
"We do not use the reservation as a hideout for these kinds of members," Bahe said. "We want the community to know we are not endorsing this kind of activity here."
Abraham’s probation officer said in court records. Should Abraham be found guilty of the probation violation, he recommends her probation be revoked and the court impose the original 2- to-7-year sentence in prison.