Oxycontin News Blog

Although he begged for mercy from the judge and insisted he was now about to get drug treatment for lifelong addictions, his lengthy criminal past was just too much to overcome, and James Hughes was sent to prison for eight years Thursday with a promise of 15 more if he doesn't succeed.

Hughes, 54, was facing sentencing for two gunpoint robberies, a 2005 robbery of a family in their home on Vernon Avenue in Madison and a 2006 holdup at a Bergmann Pharmacy in Fitchburg when he took both cash and a large stash of pain-killing drugs.

In a sentencing hearing before Dane County Circuit Judge Daniel Moeser, Assistant District Attorney Corey Stephan called the two holdups "as aggravated as armed robberies go." Stephan added that coupled with a 30-year history of committing armed robberies and sex crimes, it was time to send Hughes to prison again. Hughes has previously been sent to prison at least four times in three states.

"It's the same offense, time after time after time," Stephan said. "He just doesn't get it or just doesn't care."

Stephan, who said the victims in both cases still struggle with having guns pointed directly at them during the robberies, asked for a total sentence of 20 years for Hughes, with the initial nine in prison and the remaining 11 on extended supervision.

Defense attorney Sarah Schmeiser agreed that a prison term was appropriate. But she said Hughes, who has been in prison for about half his life, had helped police solve other crimes after his arrest and should be given credit for that and be allowed to try to deal with his underlying drug addiction.

"He wouldn't have done this if it wasn't for his drug addiction," she said.

Hughes spoke at length in an effort to keep himself from going back behind bars. After a brief glance around the room, he said he wished the victims of his crimes would have been in court, so he could "express my regrets and remorse."

"I realize they were subjected to trauma and terror that they did not ask for or deserve," Hughes said.

"I'm here today to beg for mercy," he continued, then went on to essentially blame corrections departments for not helping him through drug treatment programs when he was imprisoned or on probation. "I'm here today to beg for your help to change," he said.

The judge, however, was not moved. "I have no doubt your drug addiction is at the root of your problem," Moeser said, "but you've had 30 years to dealt with it."

"You've had chance after chance after chance to get help," the judge added. "The likelihood you are going to change is not very good."

Moeser also pointed to the violent nature of the robberies, with Hughes threatening to kill his victims, and the possible lifelong problems he caused, particularly with the Bergmann's clerk, who is still be treated for post-traumatic stress disorder.

Hughes' accomplice in that robbery, Roselyn Britton, bought a wig and clothes for him for a disguise. Hughes then went in the store and flashed a pistol around, demanding the pharmacists give him all the Class A drugs. He then robbed the clerk of cash, and left the store with between 2,300 and 2,800 Oxycodone pills, about 150 OxyContin pills, and 400 morphine pills. Britton was convicted, put on probation and given a jail term.

Moeser gave Hughes a 20-year term on the Bergmann robbery, with eight to be served behind bars and 12 on extended supervision. He also sentenced Hughes to 30 years for the Vernon Avenue robbery, with 15 to be served in prison and 15 on extended supervision. But Moeser stayed that sentence in favor of 25 years probation.

If Hughes violates his probation after his release from prison on the eight-year term, he will automatically go back behind bars to start serving the 15-year sentence in the Vernon Avenue robbery.

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