cannabisnews.com: Sheriff May Face Contempt Hearing





Sheriff May Face Contempt Hearing
Posted by FoM on March 18, 2000 at 08:59:09 PT
By Maline Hazle, Record Searchlight
Source: Record Searchlight
A judge said Friday that he will decide soon whether to hold a hearing to determine if Shasta County Sheriff Jim Pope should be held in contempt of court for failing to return a Redding man's medicinal marijuana.Trinity County Superior Court Judge John K. Letton set April 25 as a tentative date for that hearing, though he could decide before then to throw out the case.
Letton, a regular visiting judge in Shasta County, was assigned the case after all nine Shasta County justices removed themselves from it, citing potential conflicts of interest.Pope and Undersheriff Larry Schaller, also named in the contempt action, were not at Friday's two-hour hearing.The case stems from the December acquittal of Richard Levin, 49, on a charge of growing marijuana for sale.Levin's attorney, Eric Berg of Redding, convinced jurors that his client used the drug to treat hepatitis C and back pain, which is legal under the state's 1996 Compassionate Use Act.In January, Judge Bradley Boeckman twice ordered Levin's 1.5 pounds of marijuana and dead marijuana plants returned. But when Berg and Levin arrived to retrieve the drugs Jan. 21, they were told that a federal agent had seized the evidence because marijuana possession is illegal under federal law.Berg filed a contempt petition Feb. 3, contending that Pope and Schaller and other unnamed ''co-conspirators'' orchestrated the seizure and that the sheriff had no right to ''thumb his nose at the court.''Speaking for the sheriff, Schaller called their actions ''absolutely ethical and legal and in consultation with (county) counsel.''Berg argued later that County Counsel Karen Jahr should be thrown off the case. He said if county lawyers consulted with the sheriff on the seizure it would be a conflict of interest for the same lawyers to defend the sheriff on the resulting contempt charge.At Friday's hearing, Letton threw out Berg's motion to have Jahr removed from the case and another motion in which Berg said the county counsel's arguments against contempt should not be considered.''It's not the role of the court to inquire into matters that are privileged (private) between counsel and client,'' Letton said.Gary Roberts, a Berg associate who appeared in court Friday, asked Letton for the authority to take statements from people who might have been involved in arranging for the federal seizure.''It's the nature of this contempt that it happened behind closed doors ... Levin has no access'' to those details, Roberts said.Letton said he may consider that request later, after he decides whether to hold a hearing on Levin's allegations.Letton also asked Roberts about the time frame in which the alleged contempt occurred.It happened after Boeckman's second order Jan. 14 and continued until the Jan. 21 seizure, Roberts said, arguing that even as Schaller was in court ''telling the judge he is going to comply,'' he was plotting a way around the order.''That's the outrage,'' Roberts said. ''When the sheriff says he is going to comply with it next week ... you should be able to think he's telling the truth.''In addition, Roberts argued, the sheriff was merely holding court evidence before its return and had no discretion about whether to give it back.''That tightens the noose around the sheriff's neck,'' he said.Deputy County Counsel John Loomis countered that many of Roberts' arguments were not backed up by evidence or by law.''Knowing they cannot prevail on principles of law (Levin and his attorneys) resort to sophistry, innuendo, repetition, irrelevant declarations, newspaper clippings and a spurious attempt to recuse (remove) county counsel,'' Loomis wrote in papers filed in court.''We have a strong case, and I think we will win,'' Loomis said after Friday's hearing.Roberts declined comment, but Levin said he's glad the judge may hold a full hearing on the issues.''Whether they find the sheriff in contempt or not I think he's already in contempt in public opinion,'' Levin said. ''That's enough for me.''Reporter Maline Hazle can be reached at 225-8266 or at mhazle redding.com.Published: Saturday, March 18, 2000© 2000 Record Searchlight - The E.W. Scripps Co. Related Articles:Trinity County Judge Appointed To Sheriff's Casehttp://www.cannabisnews.com/news/thread4964.shtmlLevins Sue Over Pot Arresthttp://www.cannabisnews.com/news/thread4758.shtmlRedding Police Won't Return Med. Marijuana to Vethttp://www.cannabisnews.com/news/thread4663.shtmlhttp://www.google.com/search?q=cannabisnews+Popehttp://www.google.com/search?q=cannabisnews+Levinhttp://www.google.com/search?q=cannabisnews+Record+Searchlight
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