cannabisnews.com: Legal Glitch Halts Pot Trial





Legal Glitch Halts Pot Trial
Posted by CN Staff on June 28, 2002 at 07:51:51 PT
By Denny Walsh -- Bee Staff Writer
Source: Sacramento Bee 
The trouble-plagued marijuana trial of Bryan James Epis may have hit an insurmountable obstacle Thursday -- the defendant has never entered a plea. The charges on which Epis is being tried are contained in an indictment returned by a federal grand jury on Jan. 30, but there was no arraignment.On Thursday morning, the jury heard opposing attorneys' opening statements and the government began presenting its evidence. After the lunch break, however, defense lawyer J. Tony Serra brought the procedural glitch to the attention of U.S. District Judge Frank C. Damrell Jr.
The judge put one of his law clerks to work on what impact the oversight will have. Later, when the jury was excused for its mid-afternoon break, Damrell observed, "It would appear that this indictment is in trouble."Serra agreed, arguing that "the charges now don't exist."The judge responded, "That would be my conclusion."Damrell then sent the jury home until Tuesday and scheduled a hearing Monday on the question of whether an indictment is still valid once trial has commenced without a not-guilty plea.The indictment in question is the third since July 1997 to charge the 35-year-old Epis with growing marijuana.Evidence against Epis gained through a 1994 search, which was the foundation of the first indictment, was tossed out.A second indictment, based on a second search, was returned Jan. 25, 2001.The third indictment, also based on the second search, came 12 days before Epis' trial was to begin and supplanted a second indictment.At the time, Damrell was dealing not only with a slew of pre-trial motions filed by Serra's firm, but also with a motion to allow former co-defendant Michael James Godwin's challenge of the first search of Epis' house in Chico that led to charges against the pair.Damrell granted Godwin's motion in March, and Assistant U.S. Attorney Samuel Wong is appealing that ruling. Snipped:Complete Article: http://www.sacbee.com/content/news/story/3374849p-4403812c.htmlSource: Sacramento Bee (CA)Author: Denny Walsh -- Bee Staff WriterPublished: Friday, June 28, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmJurors in Medical Marijuana Case To Be Shieldedhttp://cannabisnews.com/news/thread13241.shtmlJury is Chosen in Testy Pot Trialhttp://cannabisnews.com/news/thread13240.shtmlChicoan Arrested in Attempt To Sway Jury http://cannabisnews.com/news/thread13242.shtmlJury is Chosen in Testy Pot Trial http://cannabisnews.com/news/thread13240.shtml
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Comment #2 posted by Tigress58 on June 28, 2002 at 12:33:33 PT
Law and Order not so Perfect
ROTFL :) :0 :) :( :0 :) :) :)
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Comment #1 posted by FoM on June 28, 2002 at 10:51:37 PT
Off Topic - Tommy Chong
This is an article about Tommy Chong and I thought it was interesting so here it is.
Is Tommy Chong the next George Burns?
By Jim Carnes -- Bee Staff Writer
Published 6:28 a.m. PST Friday, Jun. 28, 2002
Tommy Chong has been performing stand-up with his wife, Shelby, for about three years. 
 
Some things you may not know about Tommy Chong:
* He's a weightlifter and fitness enthusiast.
* He practices yoga, the sweaty, intense Bikrams brand.
* He's a salsa dancer who's now taking tango lessons.
* He's 64 years old and has been married to the same woman for more than 30 years.
* He doesn't hate former partner Cheech Marin. Worse, he thinks he understands him.
Tommy Chong, of course, is the Chong of Cheech & Chong, the comedy duo that built a career in the 1970s and '80s around pot smoking, narcs and ... pot smoking. And -- to quote the title of one of the duo's hit movies -- Chong's "still smokin.' " He'll perform five shows this weekend at the Punch Line, appearing with his "new" partner, wife Shelby.
http://www.sacramento.com/portal/onstage/story/3375741p-4403970c.html
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