cannabisnews.com: Sheriff's Contempt Charge Waits Until Trial





Sheriff's Contempt Charge Waits Until Trial
Posted by FoM on April 27, 2001 at 07:38:44 PT
By James Tressler, The Times-Standard
Source: Eurkea Times-Standard
Humboldt County Sheriff Dennis Lewis was found in contempt on Tuesday for refusing to return marijuana seized from medical marijuana patient Chris Robert Giauque during a traffic stop two years ago. Lewis has repeatedly said he won't give the marijuana back because he doesn't want to break federal law.Humboldt County Superior Court Judge Bruce Watson suspended the contempt charge because the county has filed a complaint with the federal District Court in San Francisco, scheduled to be heard May 25. The sheriff wants a federal judge to decide what to do with the pot; the patient's attorney wants the complaint dropped.
If no decision is made by the federal court by June 8, Lewis must give back the pot or pay a fine.The Sheriff was not available for comment. The county's attorneys at Mitchell, Brisso, Delaney and Vrieze in Eureka were not able to comment because it's against company policy.This battle is one of several legal fights being waged in California and around the country. Recently a judge in Arizona ordered pot returned to an Oregon man who carried it for medical use. The U.S. Supreme Court is also hearing a case involving the Oakland Cannabis Buyer's Club.J. Bryce Kenny, an Arcata attorney who represents Giauque, said while there are differences between the cases, the Humboldt County case represents an "important turning point.""We'll be down there with guns blazing," he said.Kenny said law enforcement officers are given "statutory immunity" by federal law from prosecution from drug charges because they have to handle the drugs so often.Kenny said the county's attorney's are probably aware of this immunity. He speculated that the choice to go on to federal court was a test to try to shake off Giauque and his attorneys."Moneywise, timewise, and just experience. A lot of attorneys never go to federal court," Kenny said.Note: Next month the dispute over an ounce of pot will roll into federal court.Source: Times-Standard (CA)Author: James Tressler, The Times-StandardPublished: Thursday, April 26, 2001 Source: Times-Standard (CA)Copyright: 2001 The Times-StandardContact: letters times-standard.comWebsite: http://www.times-standard.com/Related Articles:Sheriff Rejects Judge's Order To Return Pot http://cannabisnews.com/news/thread9221.shtmlJudge Orders Return of Marijuana http://cannabisnews.com/news/thread8029.shtml
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