cannabisnews.com: No Justice for Contempt Case No Justice for Contempt Case Posted by FoM on February 25, 2000 at 09:39:28 PT By Maline Hazle, Record Searchlight Source: Record Searchlight The hottest potato at Shasta County's courthouse Thursday was a contempt of court action brought against Sheriff Jim Pope by an acquitted medical marijuana patient.By day's end half of the county's 10 judges had declined to hear the case of Richard Levin, the 49-year-old Redding man whose marijuana was given to a federal drug agent after Presiding Superior Court Judge Bradley Boeckman had twice ordered Pope to give it back to Levin. It was Boeckman — the trial judge in the Levin case — who originally was scheduled to hear the contempt case.But on Wednesday Boeckman signed an order removing himself from the case, saying that his relationship with Pope and Undersheriff Larry Schaller might lead someone to ''reasonably entertain a doubt that this judge would be impartial.''Boeckman noted that as presiding judge he is involved in continuing discussions and negotiations with the sheriff over the merger of the county marshal's office with the Sheriff's Department. The marshals provide court security and act as bailiffs.In addition, Boeckman said, he is negotiating with the sheriff's office in an attempt to have the sheriff and other county departments take over a lease the court has in an ''outlying building.''Boeckman already had officially notified Levin's attorney, Eric Berg of Redding, and Pope's county lawyers about those relationships, but neither side chose to challenge him.Though Boeckman initially had said he did not think his relationship with Pope would interfere in the contempt case, he apparently changed his mind.Next in line for the case came Judge James Ruggiero, assistant presiding judge, but Ruggiero earlier had been disqualified on the criminal case at Berg's request. So Boeckman sent the case to Judge Steven Jahr.But Jahr is married to Karen Jahr, who, as county counsel, represents Pope.Judge Jahr immediately disqualified himself because of the potential conflict.By Thursday afternoon judges Gregory Caskey and Richard McEachen had also declined to hear the case for reasons that were not immediately available.That leaves judges Wilson Curle, Andy Anderson, Monica Balavage, William Gallagher and retired judge Jack Halpin as potential candidates for the case.Berg said he ''regrets'' Boeckman's decision, because ''he calls 'em like he sees 'em and I don't think he has a fear of the sheriff, and I think he would have done what's right.''But now, Berg said, he would like to see an out-of-county judge assigned to the case because an outsider would more easily withstand local political conditions.''Very soon the sheriff will be in charge of court security and that alone would give some judges pause,'' Berg said.John Loomis, who is handling the sheriff's case for Jahr's office, had no comment on the judicial round robin or on the possibility of an outside judge being assigned.''It's not for me to say,'' he said.Berg filed the contempt citation Feb. 3. A flurry of filings and counter-filings followed, with county lawyers arguing that Pope could have gone to jail had he not complied with a federal seizure order for Levin's 41 dead marijuana plants and 1 pounds of pot.Berg had arranged to pick up Levin's marijuana at 4 p.m. Jan. 21, but as he and his client arrived at the sheriff's front door, the agent was walking out the back door with the pot, deputies have said.Levin was acquitted of growing marijuana for sale in December after jurors found that his garden was legal under Proposition 215, approved by voters in 1996.Reporter Maline Hazle can be reached at 225-8266 or at mhazle redding.com.Published: February 25, 2000© 2000 Record Searchlight - The E.W. Scripps Co. Related Articles:Sheriff Seeks Bill Support http://www.cannabisnews.com/news/thread4849.shtmlLevins Sue Over Pot Arresthttp://www.cannabisnews.com/news/thread4758.shtmlSome Patients Find Pot is an Arresting Experiencehttp://www.cannabisnews.com/news/thread4285.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by greenfox on February 25, 2000 at 17:11:06 PT Ok, for the record... I am a bit of an Orwellian student, you might say. The EXACT quote that you are searching for is as follows:"All animals are equal" (written below this,)"but some are more equal than others" [ Post Comment ] Comment #3 posted by FoM on February 25, 2000 at 14:24:58 PT One more! No animal shall sleep in a bed......with sheets!I think that's right. [ Post Comment ] Comment #2 posted by CongressmanSuet on February 25, 2000 at 13:15:26 PT Wasnt that line actually.. "Some pigs are more equal than other pigs" Correct me if Im wrong, it just seems right. [ Post Comment ] Comment #1 posted by kaptinemo on February 25, 2000 at 10:52:19 PT Contempt, all right Yes, contempt... for you. For the electorate. For the average citizen. Contempt of the Law for the Law.Or as Orwell put it: "Some animals are more equal than others." [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: