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El Paso County prosecutors are taking a new tack in the battle over medical marijuana held by police in the wake of failed prosecutions.
They want out of the fight.
The 4th Judicial District Attorney's Office last week said it had declined to take a position on a demand by Rocky Mountain Miracles owner Alvida Hillery that police return her marijuana or hand over $3.3 million in compensation after her December jury acquittal on felony drug charges.
Authorities seized more than 36 pounds of marijuana and 604 pot plants during a March 2012 raid on Hillery's dispensary, 2316 E. Bijou St.
"Once the case is over, whether it's an acquittal or whatever, we don't need that evidence anymore," said district attorney's spokeswoman Lee Richards. "It's not our decision to make."
Prosecutors said in a Jan. 7 court filing they instead "forwarded" Hillery's motion for the return of her marijuana to the Colorado Springs City Attorney's Office, which has yet to respond in writing.
The move appeared to be an about-face by the District Attorney's Office, which waged an unsuccessful battle in November to prevent the return of an estimated 60 pounds of marijuana to Colorado Springs cancer patient Robert Crouse, who was acquitted of drug-cultivation charges at a June trial.
In that case, the Colorado Court of Appeals affirmed a judge's order that the marijuana was Crouse's property and must be returned.
Crouse, 64, filed a notice of intent to sue the city in December, saying that marijuana previously worth $300,000 wasn't properly cared for and went to rot while in Colorado Springs police custody.
Crouse and Hillery are among a string of medical marijuana growers who won full acquittals at trial in El Paso County and potentially raise similar liability issues. Colorado Springs police fear that returning marijuana in such large quantities could put them at risk of incurring federal drug charges, Assistant City Attorney W. Erik Lamphere said at a hearing in the Crouse matter.
Hillery's attorney, Sean McAllister of Denver, previously told The Gazette that Hillery could sue police and and Medical Marijuana Enforcement Division, which conducted the raid.
McAllister could not be reached Tuesday for an update about efforts to retrieve Hillery's pot.
Hillery told The Gazette her attorney expects police to return the marijuana this week – but that no appointment had been set.
"I don't know that any of it is usable," she said.
Police spokeswoman Barbara Miller said last week she forwarded The Gazette's questions about Hillery's marijuana to police supervisors. The newspaper hasn't received a response.
City Attorney Chris Melcher did not respond to an email and telephone messages requesting comment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: gazette.com
Author: Lance Benzel
Contact: Contact The Gazette | gazette, contact, information - Contact Us - Colorado Springs Gazette, CO
Website: DA bows out of fight over medical marijuana evidence | marijuana, medical, fight - Colorado Springs Gazette, CO
They want out of the fight.
The 4th Judicial District Attorney's Office last week said it had declined to take a position on a demand by Rocky Mountain Miracles owner Alvida Hillery that police return her marijuana or hand over $3.3 million in compensation after her December jury acquittal on felony drug charges.
Authorities seized more than 36 pounds of marijuana and 604 pot plants during a March 2012 raid on Hillery's dispensary, 2316 E. Bijou St.
"Once the case is over, whether it's an acquittal or whatever, we don't need that evidence anymore," said district attorney's spokeswoman Lee Richards. "It's not our decision to make."
Prosecutors said in a Jan. 7 court filing they instead "forwarded" Hillery's motion for the return of her marijuana to the Colorado Springs City Attorney's Office, which has yet to respond in writing.
The move appeared to be an about-face by the District Attorney's Office, which waged an unsuccessful battle in November to prevent the return of an estimated 60 pounds of marijuana to Colorado Springs cancer patient Robert Crouse, who was acquitted of drug-cultivation charges at a June trial.
In that case, the Colorado Court of Appeals affirmed a judge's order that the marijuana was Crouse's property and must be returned.
Crouse, 64, filed a notice of intent to sue the city in December, saying that marijuana previously worth $300,000 wasn't properly cared for and went to rot while in Colorado Springs police custody.
Crouse and Hillery are among a string of medical marijuana growers who won full acquittals at trial in El Paso County and potentially raise similar liability issues. Colorado Springs police fear that returning marijuana in such large quantities could put them at risk of incurring federal drug charges, Assistant City Attorney W. Erik Lamphere said at a hearing in the Crouse matter.
Hillery's attorney, Sean McAllister of Denver, previously told The Gazette that Hillery could sue police and and Medical Marijuana Enforcement Division, which conducted the raid.
McAllister could not be reached Tuesday for an update about efforts to retrieve Hillery's pot.
Hillery told The Gazette her attorney expects police to return the marijuana this week – but that no appointment had been set.
"I don't know that any of it is usable," she said.
Police spokeswoman Barbara Miller said last week she forwarded The Gazette's questions about Hillery's marijuana to police supervisors. The newspaper hasn't received a response.
City Attorney Chris Melcher did not respond to an email and telephone messages requesting comment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: gazette.com
Author: Lance Benzel
Contact: Contact The Gazette | gazette, contact, information - Contact Us - Colorado Springs Gazette, CO
Website: DA bows out of fight over medical marijuana evidence | marijuana, medical, fight - Colorado Springs Gazette, CO
