cannabisnews.com: Medical Pot Trial Can Go On Despite Remarks 





Medical Pot Trial Can Go On Despite Remarks 
Posted by FoM on April 03, 2001 at 07:15:50 PT
By Clark Mason, Press Democrat
Source: Press Democrat
A mistrial was averted Monday in a high-profile medical marijuana case after the judge decided jurors could be fair despite hearing improper testimony that cast the prosecutor in an unfavorable light.After polling all 12 jurors and three alternates individually in his chambers, Sonoma County Judge Robert Boyd determined the trial could proceed for Kenneth E. Hayes and Michael S. Foley. 
The two men helped run a San Francisco cannabis buyers club formed after voters approved the use of medicinal marijuana. The two defendants were praised by San Francisco officials for their work with sick people.In Sonoma County they are facing felony charges of marijuana cultivation and possession for sale in connection with an 899-plant operation in Petaluma that also included more than 14 pounds of processed marijuana and a pound of hashish.Last week, the judge suspended proceedings and threatened to declare a mistrial following unsolicited testimony from defense witness Dan Wathen, a medical marijuana patient who volunteered information about his past legal woes with prosecutor Carla Claeys.Claeys, who is attempting to prove that Hayes and Foley profited from illegal sales at the Petaluma residence, prosecuted Wathen for possession of two pounds of marijuana before eventually dropping charges last year.Wathen testified "my physician at the time seemed to -- he did an about face on my recommendation after he met with the people that Carla sent there, and he went from approving my medical use to not approving my medical use."Following Wathen's testimony, Claeys strongly objected outside the presence of the jury, saying she was ambushed by the defense because Wathen suggested she was unfair and unjust and persuaded his doctor to change his testimony.Claeys said that in fact she decided to dismiss charges after the doctor testified he orally recommended Wathen use marijuana for his headaches.But Claeys last week also dropped her motion for a mistrial after noting such a move by the prosecution could bar the defendants from being re-tried.Defense attorneys William Panzer and Nicole DeFever noted that the judge did not find the defense did anything wrong. In their court brief opposing a mistrial, they said they suspected Claeys was "inviting the court to declare a mistrial to avoid the embarrassment of losing this politically charged prosecution … the People will then be in a position to blame the failed prosecution on the Courts rather than shoulder the responsibility for yet another unpopular medical marijuana prosecution in Sonoma County."Judge Boyd on Monday struck Wathen's testimony about his prior experience with Claeys and his criminal case. He said he will instruct jurors to disregard it.Boyd noted the constant legal sparring that has gone on in the trial - now in its fifth week since jury selection began."This has been a very contentious litigation," he said.The legal jousting continued Monday over what a defense expert on marijuana buyers clubs should be allowed to testify to. Claeys said for the witness to talk about the social benefits of cannabis clubs falls outside the issues in the case.But Panzer said the two defendants provided more than marijuana to the 1280 members they served, most of whom are HIV-positive or have AIDS.He said the classes and free dinners they helped put on were part of their role as caregivers.One member of the cannabis club, Sakinah Abdullah, who uses marijuana to alleviate arthritic pain in her hip and muscle spasms, said she would get free marijuana there when she couldn't afford it. She said the club was a place where she didn't feel ashamed and could receive support that she didn't get from her family or church.Complete Title: Judge: Medical Pot Trial Can Go On Despite Remarks By Witness Source: Press Democrat, The (CA) Author: Clark Mason, Press DemocratPublished: April 3, 2001Copyright: 2001 The Press Democrat Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Hallinan Takes The Stand for Medical Pot Grower http://cannabisnews.com/news/thread9224.shtmlJudge Threatens Mistrial in Pot Case http://cannabisnews.com/news/thread9200.shtml
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