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A convicted Prairieville marijuana grower can ask for a new trial but must stay in jail while awaiting an answer, a federal judge has decided.
U.S. District Judge James Brady has agreed to let Juan Lopez raise the issue of whether prosecutors hid Drug Enforcement Administration payments to a confidential informant. Lopez wants a new trial so he can claim the government entrapped him.
Brady’s ruling allows Lopez to request the new trial even though the deadline to do so has passed. The judge has not decided whether to actually grant a new trial.
Brady refused to free Lopez on bond while he’s contemplating that request. The judge said Lopez so far “has failed to show a likelihood of success on the merits of his new-trial motion.”
A jury in July convicted Lopez of growing marijuana with the intent to sell it. He faces five to 40 years in prison.
Lopez was arrested in 2005 when federal agents raided an indoor marijuana garden that he allegedly spent $15,000 and three months building.
The defense claims Laughing Buddha Nursery owner Grant Estrade of Metairie gave Lopez marijuana plants and sold him horticulture equipment at a discount, then offered to find a dealer and split the profits.
Prosecutors have admitted the DEA paid nearly $6,000 to a confidential informant they refer to only as “GE.” At issue is whether prosecutors should have disclosed the payments to the informant as part of their legal obligation to reveal evidence that might be considered favorable to the defense.
During the trial, Brady refused to let Lopez’s attorney — at that time, Mario Gaudamud — put Estrade on the stand after prosecutors argued his testimony would not be relevant. But Gaudamud has testified that if he had known about Estrade’s alleged role, he might have tried to prove to the jury that the government tricked his client into committing a crime using an informant paid for “seeking individuals to become part of the enterprise.”
Newshawk: 420AM&PM - 420 Magazine
Source: 2TheAdvocate (LA)
Pubdate: Sep 19, 2006
Author: PENNY BROWN - Advocate Staff Writer
Copyright: Copyright © 1992-2006, 2theadvocate.com, WBRZ, Louisiana Broadcasting LLC and The Advocate,
Capital City Press LLC, All Rights Reserved.
Contact: 2theadvocate.com | Comments
Website: 2theadvocate.com | Powered by The Advocate and WBRZ News 2 Louisiana
U.S. District Judge James Brady has agreed to let Juan Lopez raise the issue of whether prosecutors hid Drug Enforcement Administration payments to a confidential informant. Lopez wants a new trial so he can claim the government entrapped him.
Brady’s ruling allows Lopez to request the new trial even though the deadline to do so has passed. The judge has not decided whether to actually grant a new trial.
Brady refused to free Lopez on bond while he’s contemplating that request. The judge said Lopez so far “has failed to show a likelihood of success on the merits of his new-trial motion.”
A jury in July convicted Lopez of growing marijuana with the intent to sell it. He faces five to 40 years in prison.
Lopez was arrested in 2005 when federal agents raided an indoor marijuana garden that he allegedly spent $15,000 and three months building.
The defense claims Laughing Buddha Nursery owner Grant Estrade of Metairie gave Lopez marijuana plants and sold him horticulture equipment at a discount, then offered to find a dealer and split the profits.
Prosecutors have admitted the DEA paid nearly $6,000 to a confidential informant they refer to only as “GE.” At issue is whether prosecutors should have disclosed the payments to the informant as part of their legal obligation to reveal evidence that might be considered favorable to the defense.
During the trial, Brady refused to let Lopez’s attorney — at that time, Mario Gaudamud — put Estrade on the stand after prosecutors argued his testimony would not be relevant. But Gaudamud has testified that if he had known about Estrade’s alleged role, he might have tried to prove to the jury that the government tricked his client into committing a crime using an informant paid for “seeking individuals to become part of the enterprise.”
Newshawk: 420AM&PM - 420 Magazine
Source: 2TheAdvocate (LA)
Pubdate: Sep 19, 2006
Author: PENNY BROWN - Advocate Staff Writer
Copyright: Copyright © 1992-2006, 2theadvocate.com, WBRZ, Louisiana Broadcasting LLC and The Advocate,
Capital City Press LLC, All Rights Reserved.
Contact: 2theadvocate.com | Comments
Website: 2theadvocate.com | Powered by The Advocate and WBRZ News 2 Louisiana
