Orange County’s First Medical
Marijuana Trial Stayed – Prosecutorial Misconduct Alleged
(Ed. note: The zeal with which the Orange County
D.A.’s office is pursuing the Herrick and Chavez cases demostrates how threaten by
medical marijuana nark-controlled departments feel.)See The Persecution of the Sick,
Dying and Disabled -- Ruthlessly Pursued In Orange County -- They Need Support!
and
The Libertarian
Orange County Register Editorializes Against Lungren’s Attacks On Medical Marijuana
And Prop 215
March 7, 1998
Source: Orange County Register (CA)
By Stuart Pfeifer-The Orange County Register
letters@link.freedom.com
An appeals panel will consider whether the prosecution misused
evidence provided by the defense.
A state appellate court has postponed Orange County’s first medical marijuana
trial so it can consider arguments that prosecutors improperly used
evidence disclosed by the defense to file more serious charges.
The 4th District Court of Appeal in Santa Ana ordered the stay Thursday in
the case against David Herrick, charged with selling marijuana to members of the Orange
County Cannabis Co-op.
Originally, Herrick was charged with possession of marijuana for
sale. But that case was dismissed after defense attorneys provided evidence, including a
list of the Co-op’s clientele, to the prosecution.
The Orange County District Attorney’s Office then filed charges of selling
marijuana against Herrick. The sales were allegedly made to customers whose names were in
the evidence provided the prosecution.
Because Proposition 215 does not permit the sale of marijuana, Herrick will not be
allowed to use the medical marijuana initiative as a defense.
The defense motion also alleged that the prosecution filed
criminal charges against the co-op’s leader, Marvin Chavez, preventing him from being
used as a defense witness as planned.
Deputy Public Defender Sharon Petrosino said she was required by evidence
"discovery" laws to provide the information to the prosecution.
"I don’t think we should be forced to provide discovery that ultimately hurts
our client," Petrosino said.
Deputy District Attorney Carl Armbrust, who is prosecuting both Herrick and Chavez,
said he expects to prevail on appeal.
The appellate court gave the prosecution until March 16 to respond to the defense
brief. The trial will be stayed until the appellate court rules.
Supported