Suspended sentence for man who ran drug factory linked to brownies

Stonington - A Pawcatuck man charged with operating a drug factory in connection with hash oil brownies found at Stonington High School has received a suspended seven-year prison term and two years probation.

Robert Faillace pleaded guilty on Aug. 26 to possession of more than four ounces of marijuana. In addition, New London Superior Court Judge Kevin P. McMahon attached a list of conditions to Faillace's probation, including that he remain substance free, submit to random urine testing and submit to random searches. He faced up to five years in prison and a $2,000 fine on the charge.

Faillace received a suspended sentence even though he has a previous drug conviction in Rhode Island. Records show that in 1981, Faillace was charged with manufacture or delivery of a Schedule I or II controlled substance and was sentenced to 24 months in prison, all but three of which were suspended, along with two years of probation. In 1984 that sentence was vacated. He then pleaded no contest and received a five-year suspended sentence and five years of probation.

The latest incident occurred on Dec. 22, 2009 when police responded to the school to investigate a report of a student who required medical attention after eating a brownie. They later determined that two other students had also eaten the brownies which were laced with potent hash oil. None of the students needed to go to the hospital.

Police obtained a search warrant for Faillace's home at 30 Russell Ave. and found marijuana plants being grown and hash oil being produced. They seized more than 2 pounds of marijuana and 150 vials of hash oil valued at $15,000, along with drug paraphernalia, growing and packaging equipment and cash.

Police charged Faillace with cultivation of marijuana, possession of marijuana, possession of marijuana with intent to sell, possession of drug paraphernalia and operation of a drug factory. They also charged his former girlfriend Diana Kelleher, 47, of Pawcatuck, with possession of marijuana and possession of marijuana with intent to sell after she admitted to selling the hash oil to the girl who made the brownies. She said she did it to get Faillace in trouble because he was involving her sons in his operation.

In June the court granted Kelleher's application to enter the state's drug education program. If she attends 10 education sessions and makes a $350 charitable contribution her program, her charges will be dismissed when she appears in court on June 10, 2011. The program is only available to those without a criminal record.

Police also charged the 17-year-old girl who made and distributed the brownies. She has not been identified because of her age.

j.wojtas@theday.com