Dismissal Among 16 Motions Filed At Medical Marijuana Hearing

[Freaktan]

An attorney for a former Rifle man accused in a medical marijuana case filed a series of motions in 9th Judicial District Court in Glenwood Springs Thursday. Public defender Jamie Roth filed 16 motions prior to Gene Brownlee's trial, which is set for Nov. 28.

The Two Rivers Drug Enforcement Team arrested Brownlee, his wife Jennifer Ryan, his nephew Justin Brownlee and a friend, Drew Gillespie, on Aug. 2, 2004, in Rifle. TRIDENT had staked out the apartment on a tip from the caretaker of the apartment complex.

TRIDENT seized 130 marijuana plants from Brownlee and Ryan's apartment. Ryan maintained she was certified to grow and administer marijuana for medical purposes. Legally, she could have up to six plants or as many as she felt necessary to treat a given medical condition.

Brownlee contends he could grow pot legally because he has cancer.

According to the law, both medical marijuana users and their caregivers, in this case Brownlee and Ryan respectively, can possess up to six plants, of which no more than three can be in flower, or as many plants as they feel necessary to treat a given medical condition.

Ryan's case was dismissed in June on the grounds that sheriff's deputies illegally destroyed evidence, namely the marijuana plants.

The law stipulates that the plants taken in evidence must be kept alive during court proceedings and returned to the defendant if he or she is found not guilty of charges. However, the TRIDENT officers who seized the plants admitted in court they destroyed the plants, keeping only one leaf and pictures for evidence.

The dismissal was timely because the U.S. Supreme Court had recently decided that medical marijuana growers in states where the practice is legal could still face federal charges.

At Brownlee's hearing Thursday, Roth submitted one motion to dismiss the case based on destruction of evidence, and two motions based on suppression of evidence. The last two motions will be argued by both sides at a court hearing Oct. 4.

Brownlee is charged with various counts of possession of marijuana with intent to distribute.

Newshawk: Freaktan - 420Times.com
Source: Glenwood Springs Post-Independent
Copyright: 2005 PostIndependent.com
Contact: dgray@postindependent.com
Website:https://www.postindependent.com/article/20050918/VALLEYNEWS/109180005
Author: Donna Gray

 

[Thepurplem0nkey]

What I want to know is, now that he has been proven innocent, can and will he sue to reclaim his destroyed plants?
-PM

 

[Freaktan]

He may be able to reclaim or sue for six of the plants, but I doubt that would ever take place or be honored. It's ridiculous if you ask me, a modern-day witch hunt.

 

[Thepurplem0nkey]

Freaktan, not necessicarily. People began suing the California Highway Patrol to reclaim the medical pot that was "stolen" from them(IE: Confiscated when they were pulled over). When police take things from you that are later proven to be legaly allowed, that is called STEALING, and they must return what is legaly yours. These lawsuits eventualy led the CHP to alter their policies on medical marijuana confiscation. If this dude was proven INNOCENT, then he should receieve back ALL of the property that was taken from him, since it has been proven in a court of law that the dude did nothing wrong. But of course, as you and I both know, just because its LEGAL and RIGHT, that doesnt mean it's going to happen
-PM

 

[Freaktan]

^^ True, true, but seeing has how the case was dismissed because the sheriffs department illegally destroyed the evidence. (Yeah, right, destroyed.. ) I'm not sure where the county is going to come up with 130 plants to replace unless they raid someone else and steal if from them. I doubt they'd be kind enough to give him the monetary equivalent. Damn LEO! Always :hump: us.

 

[Andrew86]

Is there a difference between the case being dismissed and him being found innocent? If the cash was dismissed for the reason of the evidence being destroyed, that's not really proving innocence, just getting off lucky lol.

 

[FuzzyBud]

I always thought you couldnt "taint" or destroy evidence till after a trial and even then

 

[Thepurplem0nkey]

Lots of legal questions that I can't claim for certain to know the answer to. I'll look into it and see what I can find out. This is a very interesting topic, and very interesting legaly speaking. I would assume that a dismissal is proof of innocence. Many judges dismiss cases because they lack merritt. If, according to the law, he is allowed to recieve his med pot back based off of a dismissal, then that could have some interesting conotations to stoners, and the police force that destroyed the evidence (how fucking convenient).
-PM

 

[Freaktan]

From what I understood (though, I am not a lawyer) was that "dismissal" was as though the charges had never been filed. It shouldn't even go on your record as an arrest. I am not certain though and I'm guessing that laws vary from state to state. Thanks for your help in finding that PM! It could very well set an interesting precedent for future seizures, particularly to Med MJ users. I will look for updates in the news regarding this case in Colorado and keep you guys informed as best I can.