cannabisnews.com: Hallinans Synapses Misfire During Sonoma Testimony Hallinans Synapses Misfire During Sonoma Testimony Posted by FoM on April 03, 2001 at 21:57:14 PT By Dennis J. Opatrny, The Recorder Source: Law.com San Francisco District Attorney Terence Hallinan had the opportunity last week to make the case for all California counties on the medical use of marijuana. But he whiffed. Hallinan was the first defense witness in a Sonoma County trial, where two marijuana cultivators are charged with growing and providing pot to members of a medicinal use club in the Castro authorized under Proposition 215. When voters overwhelmingly approved Prop 215 in 1996, they said people with recommendations from their physicians could purchase pot to mitigate symptoms of AIDS, cancer chemotherapy and to alleviate pain. What remains unclear is how organizations such as the Castro club CHAMP -- Cannabis Helping Alleviate Medical Problems -- can legally secure the marijuana in unlimited quantities and whether its employees are indeed primary caregivers, who can be the only designated pot suppliers. What Hallinan could have done was deliver a stem-winding speech clarifying the caregiver issue, while hammering home the humanitarian value of pot for all critically ill Californians irrespective of what county they live in. Sonoma County, like most other counties, does not view the growing of marijuana for medicinal use as benignly as San Francisco. In fact, Sonoma County District Attorney J. Michael Mullins has told San Francisco to grow its marijuana in Golden Gate Park and not in the rural areas of his jurisdiction. Cueing to her boss's hard line, Deputy District Attorney Carla Claeys peppered Hallinan with questions on cross-examination, asking how a club could be a primary caregiver. When asked to state his policy for defining a primary caregiver, Hallinan appeared stumped. He sat with a blank stare and a look that pleaded: "Synapse: fire one, fire two." "I don't think I had a policy on that," the DA finally said. Claeys asked whether Prop 215 legalizes the sale of marijuana or just speaks to its medicinal use. "A person can have a primary caregiver cultivate marijuana for them and then have that person supply them," Hallinan said. "I would interpret Prop 215 that it would extend to a sale by a primary caregiver to a user for medicinal purposes." When Claeys asked whether anyone who supplies marijuana to a cannabis club can become a primary caregiver, Hallinan replied, "No." The DA said he had a "hands-on" policy as to how CHAMPS was operating. He said he advised its operators how to legally provide pot to those who qualified for it. Kenneth Hayes, CHAMP's former executive director, and Michael Foley, the club's ex-general manager, are accused of cultivating for sale nearly 900 marijuana plants in six greenhouses and a barn near Petaluma. Authorities also confiscated 15 pounds of dried pot, a pound of hashish, $3,700 and a 22-caliber rifle with a scope. Asked if he knew where CHAMP procured its weed, Hallinan said he thought it came from a variety of sources. "They got the marijuana somewhere," he said. "Some was donated, some was purchased, and Mr. Hayes was growing some." A humorous incident occurred during a break in Hallinan's testimony. Prosecutor Claeys took the rifle from a cabinet, where Superior Court Judge Robert Boyd ordered it held as evidence. She placed it in a prominent place where jurors would not miss the implication of armed pot growers. Put the rifle back where it belongs, the trial judge told Claeys, a 1996 intern in the San Francisco district attorney's office. She did before jurors returned. The Sonoma prosecutor's last question to the San Francisco's chief prosecutor was: "Have you ever bought marijuana on the street? "No," smiled Hallinan. Source: Law.com (CA)Author: Dennis J. Opatrny, The RecorderPublished: April 3, 2001Copyright: 2001 law.com Inc. Contact: ca-info corp.law.comWebsite: http://www.callaw.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.shtmlHallinan Testifies At Medical Pot Growers' Trial http://cannabisnews.com/news/thread9184.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by Dan B on April 04, 2001 at 07:07:12 PT: I wasn't there, but . . . I was not at this trial, but it seems to me that the title and subsequent commentary was intended to detract attention from this little snippet near the end:A humorous incident occurred during a break in Hallinan's testimony. Prosecutor Claeys took the rifle from a cabinet, where Superior Court Judge Robert Boyd ordered it held as evidence. She placed it in a prominent place where jurors would not miss the implication of armed pot growers. Put the rifle back where it belongs, the trial judge told Claeys, a 1996 intern in the San Francisco district attorney's office. She did before jurors returned. To me, that is the most important thing in the entire article. The judge at this trial recognized the blatant appeal to the jury's emotions attempted by the prosecutor and correctly informed her that such conduct would not be tolerated. Of course, the author said the incident was "humorous." I see nothing funny about it, other than the judge's order to return the rifle to its rightful place. I think that this prosecutor is a sick individual and should be ashamed of herself. If I had been the judge, I would have informed the jury of the prosecutor's actions. That would be a biased move on my part (which is why I am not a judge--not biased in the right direction), but it would serve her right.One more stunt like that, and I'd move to have her disbarred.Dan B [ Post Comment ] Comment #2 posted by Ethan Russo, MD on April 04, 2001 at 06:03:46 PT: Is This Really a Big Deal? Was anyone there? Is this really as big a deal as the headline alleges, or are we dealing with unsubtle bias here on the part of the reporter? [ Post Comment ] Comment #1 posted by Robbie on April 04, 2001 at 00:59:35 PT Make war, not sense Prosecutor Claeys took the rifle from a cabinet... She placed it in a prominent place where jurors would not miss the implication of armed pot growers.Add yet another local or state prosecutor attempting to wend the spirit of Prop. 215 into a rigorously regulated attempt at squashing the entire law.We have DA's all over the state finding ways to subvert the law of the land. Is that not the definition of criminal? This prosecutor, Ms. Kamena, the sheriff who wouldn't return a man's medicine even at the order of a judge... Who are these people?! Are they not public servants? If they cannot carry out their duty, they should be relieved or prosecuted themselves. If you're going to San Francisco... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: