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The World Wrestling Federation loves a good story line. So if professional wrestler Jim 'The Anvil' Neidhart broke into a pharmacy to rescue his girlfriend from the grips of his evil mad scientist nemesis, it would have made for great television. However, sometimes real life is less interesting than reality TV. In Neidhart's case, he was arrested for burglary as well as possession and trafficking of controlled substances.
Neidhart, 55, was filling his vehicle with gasoline in Florida when he suddenly began making a scene. He was yelling and opening pill bottles in the trunk of his Pontiac Sunfire, The Tampa Tribune reports. Police soon arrived at the scene and Neidhart was aggressive towards them and appeared unstable. They allegedly witnessed him pick up pills off the ground after dropping them and then swallow them.
After police searched and arrested Neidhart, he was found in possession of Oxycontin and methadone. The pill bottles had the name of another person, Mary Cutillo. Interestingly enough, Cutillo was a friend of Neidhart's, and had recently reported a burglary at her home where her prescription medications were stolen.
Possession of a controlled substance means to be found in the care, custody management or control of an illegal substance. Generally, prosecutors must prove that a person knowingly maintained possession of a controlled substance. For example, in the recent case of the Paris Hilton cocaine arrest, part of her defense seems to be that she did not "know" she had cocaine in the purse she was carrying. It may sound ridiculous, but under the law it at least a potentially viable argument. However prosecutors can also argue constructive possession, under which knowledge of the presence of an illegal substance may be inferred or assumed.
In the case of Jim 'The Anvil' Neidhart, it is going to exceptionally difficult to find a way to challenge the possession charge. It's pretty tough to claim that you weren't in possession of pills when the police witness you gobbling them down right in front of them.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.