cannabisnews.com: Judge Threatens Mistrial in Pot Case Judge Threatens Mistrial in Pot Case Posted by FoM on March 29, 2001 at 10:01:14 PT By Clark Mason, The Press Democrat Source: Press Democrat The judge in a high-stakes medical marijuana trial suspended proceedings and threatened to declare a mistrial Wednesday after a witness castigated the prosecutor about his own case.Sonoma County Judge Robert Boyd said he was troubled by the testimony and would decide Monday whether jurors can remain unbiased after what they heard. Dan Wathen was called to testify about a marijuana buyers' club and two men associated with it -- Kenneth E. Hayes and Michael S. Foley -- who are charged with marijuana cultivation and possession for sale.But Wathen also volunteered to the jury that he went to their San Francisco club for advice and support in dealing with his own arrest in Sonoma County for possession of two pounds of marijuana."I was a law-abiding citizen who never had trouble with the law," he said, adding that he was worried about becoming a felon.After many court appearances, the case against Wathen was dropped, but he told the jury that prosecutor Carla Claeys contacted his doctor, who subsequently changed his mind about approving marijuana for his migraines.Outside the presence of the jury, Claeys objected vigorously, saying she was "ambushed" by the defense.She said Wathen implied "I fabricated evidence to get his doctor to change his story. He's implied I twist facts."She asked for a mistrial, then dropped her request, although the judge said he is considering a mistrial on his own volition.Boyd said he wants both sides to submit legal briefs on the matter so he can determine if the trial can go on.The trial was in its third week, and Boyd complained about the pace late last week, saying there was a risk of losing jurors if it didn't move along more quickly.While Hayes and Foley are accused of illegally profiting from the 899-plant operation in Petaluma, they received Hallinan's approval for their cannabis club and commendations from the San Francisco Board of Supervisors and Mayor Willie Brown.Wednesday's was not the first mistrial request in the case.Defense attorneys Nicole DeFever and William Panzer unsuccessfully sought one after objecting to testimony by the prosecution's main witness, Sheriff's Detective Steve Gossett.Source: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: March 29, 2001Fax: (707) 521-5305 Copyright: 2001 The Press Democrat Address: P. O. Box 569, Santa Rosa CA 95402 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Hallinan Testifies At Medical Pot Growers' Trial http://cannabisnews.com/news/thread9184.shtmlCannabis Club Pot-Growing Trial Begins http://cannabisnews.com/news/thread9003.shtmlCannnabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by kaptinemo on March 29, 2001 at 11:55:29 PT: The biter got bit. I love it when antis are hoist by their own petard. Especially when this particular grenade is one they throw all the time: intimidating doctors.Immediately after the successful passage of Props 200 and 215 into LAW in their respective States, the unholy trio of Shalala, McCaffrey and Reno decided they were going to prosecute doctors for suggesting MMJ to patients. And promptly were hammered with a lawsuit by those MD's for attempting to infringe upon their First Amendment rights.Well, it seems one swat on the snout is not enough:After many court appearances, the case against Wathen was dropped, but he told the jury that prosecutor Carla Claeys contacted his doctor, who subsequently changed his mind about approving marijuana for his migraines. (empasis mine. -k) Outside the presence of the jury, Claeys objected vigorously, saying she was "ambushed" by the defense.(I hope that that doctor was in the habit of recording his phone conversations with legal authorities; it would be very interesting to know just what was said by Claeys to him to cause him to change his mind.)Ambushed. A military term for a sneak attack. Which is par for the course with antis. But this anti is crying crocodile tears about the fact that the antis favorite tactic is used against them. I can't help but smile.We aren't supposed to do that. Noooo. We're supposed to be good little clay pidgeons that never put up a fight...or use their wretched legal system against them. But now this anti who felt that she was on the safe side of the law may find herself on the receiving end of the treatment she metes out to others. Like Paula Kamena, this is one more example of how to stick it back to them for what they've done to us for so long.Their painful porcine squealing is music to my ears. [ Post Comment ] Comment #2 posted by Rev. Jonathan Adler on March 29, 2001 at 11:28:09 PT: Jurist Mis-prudence! Ethan is right again. The Feds will not win! Even my trial in Hawaii for 89 plants is in limbo for three years because our Honorable Judge Nakamurs will not allow me a jury trial! Or a defense that mentions medical use or my asthma or my doctor's scripts from TWO states! So don't hold your breathe. The good news is that things are afoot to change it all for the better!~You Go Supreme Court! Aloha and take a puff for me! Rev.Jonathan Adler! Hawaii Medical Marijuana Institute Hawaii Medical Marijuana Institute [ Post Comment ] Comment #1 posted by Ethan Russo, MD on March 29, 2001 at 11:08:51 PT: Colossal Waste This entire exercise is a waste of time, money, energy and personal resources. AMERIKA: YOU CANNOT WIN THIS FIGHT! You can merely alienate, imprison, bully, and persecute. I look for a lot more jury nullification in the future. Consider the alternative: Cannabis is legal and regulated to the benefit of all. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: