By LeAnn R. Ralph
MENOMONIE — A Dunn County judge has found probable cause in a drug case involving felony charges for two former Colfax residents and has scheduled arraignment hearings in December.
Jacob H. Foslid, 21, and Samantha R. Osterberg, 17, appeared in Dunn County Circuit Court October 26 for a preliminary hearing.
Foslid and Osterberg are each charged as a party to a crime with two felony counts of possession of marijuana with intent to deliver and possession of methamphetamine with intent to deliver as well as a misdemeanor charge of possession of drug paraphernalia.
The West Central Drug Task Force, the Dunn County Sheriff’s Department and the Colfax Police Department executed a search warrant June 1 at Foslid’s apartment above the Colfax Health Mart Pharmacy.
A Dunn County sheriff’s department deputy had stopped Foslid and Osterberg the night before and discovered a safe in the car containing illegal drugs and slips of paper with names, telephone numbers and dollar amounts.
Deputy Chad Pollock testified at the October 26 preliminary hearing that he had met the car Foslid was driving in the Town of Menomonie between 1 a.m. and 2 a.m. June 1.
Pollock said he had conducted a registration check on the vehicle and discovered that the license plate was registered to a Jeep Cherokee but that that the license plate was on the Honda Civic.
When Pollock stopped the Civic, he identified Foslid and Osterberg by their driver’s licenses, and said he saw a black safe on the passenger side of the car and observed that Osterberg moved her legs in an apparent attempt to hide the safe.
Pollock testified that the safe contained a large plastic bag with a green leafy substance that tested positive for marijuana.
The safe also contained smaller bags with a white flaky substance that appeared to be crystal methamphetamine and tested positive for meth, he said.
The safe contained a digital scale as well as numerous pieces of paper with names, telephone numbers and dollar amounts, testified Pollock, who is certified as a Drug Recognition Expert (DRE).
Pollock said he believed that the items he found were indicative of drug sales.
The marijuana amounted to about a quarter of a pound, he said.
Pollock said that Foslid and Osterberg had both told him there were illegal drugs in the safe.
Pollock also testified that Foslid and Osterberg seemed nervous and that he could detect the distinct odor of marijuana in the vehicle.
Foslid’s attorney, Scott Schlough, wondered how Pollock had gained access to the safe.
Pollock said he had asked Foslid to open the safe and that Foslid had a key for the safe on the key ring containing the car’s ignition key.
Neither Schlough nor Osterberg’s attorney, Donna Berger, called witnesses to testify at the preliminary hearing.
Judge Rod Smeltzer found probable cause in the case and scheduled Foslid and Osterberg for an arraignment hearing.
Osterberg is scheduled for an arraignment December 14, and Foslid is scheduled for an arraignment December 17.
According to online court records, Foslid and Osterberg now have the same address in Eau Claire.
A $500 cash bond was set for Osterberg on June 4, and a $500 cash bond was set for Foslid on June 1.
Foslid and Osterberg remain free on bond.