ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, May 18, 1996 TAG: 9605200064
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: JAN VERTEFEUILLE AND DIANE STRUZZI STAFF WRITERS
The wife of one of the key figures in the "Phototron" indoor marijuana-growing case drew a nine-month prison sentence Friday for her role in the operation.
The attorney for Dayna Patrick Layman, wife of grower Victor Layman, argued that her role in the conspiracy was minor. U.S. District Judge James Turk agreed, making her responsible for between 5 and 10 kilograms of marijuana - or 11 to 22 pounds.
"I don't know of anyone [among those convicted] who was responsible for less," defense attorney John Lichtenstein said outside of the courtroom.
Two other defendants, George and Cheryl Fender, were each sentenced to three years' probation because of their cooperation with the prosecution, Assistant U.S. Attorney Joe Mott said.
Dayna Layman and the Fenders all pleaded guilty to conspiracy to grow and sell pot.
George Fender, who left the operation before a full-fledged police investigation had begun, later called police anonymously and implicated several other growers. His call also helped lead police back to him.
Cheryl Fender began growing marijuana with George Fender, her then-boyfriend, at Musical Lane in Roanoke County in 1990. The operation was supposed to be an equal partnership among the Fenders, Joseph "Jay" Smith III and the Laymans. But after fungus destroyed most of their marijuana and personality conflicts made the partnership untenable, Cheryl Fender dismantled the operation and moved to Maine the next year.
George Fender operated another grow house on Springtree Drive for another seven months before joining her in New England and getting married.
Police learned of Victor Layman first as the "Phototron man," nicknamed for a piece of equipment used to grow plants indoors. The growers, however, said they never actually used Phototron machines.
Police raided the grow houses 17 months ago and subsequently arrested nine people.
Victor Layman, Smith, Bob Christenson and Majid Khoshghad were sentenced Thursday.
Friday, Turk reduced Smith's sentence from 62 months to 57 months, making his prison term comparable to that of Layman's, according to Mott.
The defendants who received prison terms will begin their sentences this summer.
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