cannabisnews.com: Sheriff's Case Still Lacks Judge





Sheriff's Case Still Lacks Judge
Posted by FoM on February 29, 2000 at 09:53:07 PT
By Maline Hazle, Record Searchlight
Source: Record Searchlight
All nine Shasta County Superior Court judges either have been disqualified or have declined to hear a contempt of court action brought against Sheriff Jim Pope by an acquitted medicinal marijuana patient.Judge Andy Anderson, who usually presides over juvenile court, was the last of the nine to decline to hear the case, Shasta County Court Administrator Susan Knoll said late Monday.
Knoll's office has asked the state Judicial Council to assign an outside judge to the case.Judges started pulling back from the case last week after Presiding Superior Court Judge Bradley Boeckman said he could not decide the matter since he is involved in continuing discussions and negotiations with the sheriff over the planned merger of the county marshal's office with the Sheriff's Department.The marshals provide court security and act as bailiffs.Sparking the refusal round robin is a contempt action filed Feb. 3 by Redding attorney Eric Berg, who in December won an acquittal on a cultivation of marijuana for sale charge against Eric Levin, 49, of Redding.Berg then asked Boeckman, who presided over Levin's trial, to order the return of Levin's guns, dead marijuana plants and 1 pounds of marijuana seized by deputies at the start of the case.Boeckman did so but Pope and Undersheriff Larry Schaller, saying that the order was confusing, sought clarification. Boeckman issued a second order to return the marijuana Jan 14.But when Berg and Levin arrived at the sheriff's office Jan. 21, they were told that a federal agent armed with a seizure order had just confiscated Berg's marijuana.Boeckman pulled himself from the contempt case Feb. 23. Assistant Presiding Judge James Ruggiero earlier had been disqualified from Berg's criminal trial at Berg's request, so was disqualified on the contempt action as well.Next in line was Superior Court Judge Steven Jahr, who is married to County Counsel Karen Jahr. She represents Pope, which forced her husband's withdrawal from the action.Also disqualified, for reasons that were not immediately available, were Judges Gregory Caskey and Richard McEachen.Judges Wilson Curle, Anderson, Monica Balavage and William Gallagher all removed themselves from the case with identically worded memos citing negotiations with Pope over the marshal's office and saying they feared ''that a person aware of the facts might reasonably entertain a doubt that this court would be able to be impartial.''''I don't think anyone wants to be in the hot seat,'' Berg said Monday afternoon when he was told that an outside judge would be assigned.John Loomis, the county attorney who is directly handling Pope's case, declined to comment.Berg said he is disappointed that Boeckman removed himself from the case because he presided over the trial and knew precisely what happened with his order to return the marijuana.''Basically they (the sheriff and the district attorney) abused our trust,'' Berg said. ''Sometimes on paper, things don't look the same.''Berg had said last week that without Boeckman he hoped to get an out-of-county judge''I can understand why they all don't want to hear the case because they have to work with the sheriff,'' Berg said of the other judges Monday. ''I'm not critical of any of them.''Reporter Maline Hazle can be reached at 225-8266 or at mhazle redding.comPublished: February 29, 2000© 2000 Record Searchlight - The E.W. Scripps Co. Related Articles:Sheriff Seeks Bill Supporthttp://cannabisnews.com/news/thread4849.shtmlRed Bluff IOOF Leader Evictedhttp://www.cannabisnews.com/news/thread4909.shtmlDoctor's Visit To Red Bluff Draws Firehttp://www.cannabisnews.com/news/thread4897.shtml 
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