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A state medical marijuana grower arrested by federal investigators in February after announcing his operation to a local broadcast news station will be offered a plea deal today that could land him five years in federal prison, according to reports and the U.S. Attorney's Office in Colorado.
Chris Bartkowicz, 36, may take a guilty plea in exchange for a stipulated sentence of 60 months, according to Westword reporter Michael Roberts. He is currently facing 60 years in prison, essentially a life sentence.
A spokesman for the U.S. Attorney's Office in Colorado confirmed that an agreement has been reached between the defense and the prosecution. Spokesman Jeff Dorschner was not at liberty yesterday to discuss the details of the plea agreement.
A change of plea hearing is scheduled for 1 p.m. today where Bartkowicz will be given an opportunity to plead guilty, said Dorschner.
His trial is scheduled to start on Nov. 1.
"As always, he could decide at the last minute not to enter his plea, and then if that's the case, we are ready for trial," said Dorschner.
The attorney representing Bartkowicz, Joseph Saint-Veltri, did not return repeated calls by the Denver Daily News yesterday seeking comment.
Bartkowicz, a registered medical marijuana caregiver, had his basement grow operation raided after he agreed to an interview with KUSA-TV, which was viewed by DEA agents. The raid came after a Department of Justice memo instructed the DEA to respect individual state law and not conduct raids on medical marijuana facilities in states that have approved the use.
Jeff Sweetin, the head of the DEA in Colorado, told reporters at the time that his agency is responsible for enforcing federal law, noting that medical marijuana has not been approved on a federal level. He said Bartkowicz had more than 200 plants, more plants than allowed in relation to the number of patients he cared for under state law.
Bartkowicz has a criminal record and operated his grow room within 1,000 feet of a school.
Back in April, Bartkowicz was offered a plea deal, but he rejected the offer, instead opting to take the case to trial. He argued that his operation was legal under Colorado law. But Dorschner points out that medical marijuana is not legal under federal law.
"The role of the U.S. attorney is to prosecute violations of the federal law, and in this instance, the defendant was charged with cultivation of marijuana," said Dorschner. "People go to prison for this conduct."
A federal judge in September denied a motion to allow Bartkowicz to use Colorado medical marijuana laws when the case reaches trial.
Medical marijuana advocates were outraged by the news yesterday, after having launched rallies in support of Bartkowicz, and helping to raise money for his defense. Brian Vicente, executive director of Sensible Colorado, said Bartkowicz needs to do what is best for him, and never wanted him to be a "martyr" for medical marijuana advocates.
"At the end of the day, I think Chris needs to do what's best for Chris, I certainly don't want to see the guy be a martyr and spend the rest of his days in federal prison," said Vicente. "But it still speaks to the fact that the DEA and the U.S. attorney in Colorado is just wildly out-of-touch with what the voters here want."
NewsHawk: MedicalNeed:420 MAGAZINE
Source:thedenverdailynews.com
Author: Peter Marcus
Contact: Denver Daily - Contact Us
Copyright: 2008 Denver Daily News.
Website:Denver Daily - Med pot grower offered plea deal
Chris Bartkowicz, 36, may take a guilty plea in exchange for a stipulated sentence of 60 months, according to Westword reporter Michael Roberts. He is currently facing 60 years in prison, essentially a life sentence.
A spokesman for the U.S. Attorney's Office in Colorado confirmed that an agreement has been reached between the defense and the prosecution. Spokesman Jeff Dorschner was not at liberty yesterday to discuss the details of the plea agreement.
A change of plea hearing is scheduled for 1 p.m. today where Bartkowicz will be given an opportunity to plead guilty, said Dorschner.
His trial is scheduled to start on Nov. 1.
"As always, he could decide at the last minute not to enter his plea, and then if that's the case, we are ready for trial," said Dorschner.
The attorney representing Bartkowicz, Joseph Saint-Veltri, did not return repeated calls by the Denver Daily News yesterday seeking comment.
Bartkowicz, a registered medical marijuana caregiver, had his basement grow operation raided after he agreed to an interview with KUSA-TV, which was viewed by DEA agents. The raid came after a Department of Justice memo instructed the DEA to respect individual state law and not conduct raids on medical marijuana facilities in states that have approved the use.
Jeff Sweetin, the head of the DEA in Colorado, told reporters at the time that his agency is responsible for enforcing federal law, noting that medical marijuana has not been approved on a federal level. He said Bartkowicz had more than 200 plants, more plants than allowed in relation to the number of patients he cared for under state law.
Bartkowicz has a criminal record and operated his grow room within 1,000 feet of a school.
Back in April, Bartkowicz was offered a plea deal, but he rejected the offer, instead opting to take the case to trial. He argued that his operation was legal under Colorado law. But Dorschner points out that medical marijuana is not legal under federal law.
"The role of the U.S. attorney is to prosecute violations of the federal law, and in this instance, the defendant was charged with cultivation of marijuana," said Dorschner. "People go to prison for this conduct."
A federal judge in September denied a motion to allow Bartkowicz to use Colorado medical marijuana laws when the case reaches trial.
Medical marijuana advocates were outraged by the news yesterday, after having launched rallies in support of Bartkowicz, and helping to raise money for his defense. Brian Vicente, executive director of Sensible Colorado, said Bartkowicz needs to do what is best for him, and never wanted him to be a "martyr" for medical marijuana advocates.
"At the end of the day, I think Chris needs to do what's best for Chris, I certainly don't want to see the guy be a martyr and spend the rest of his days in federal prison," said Vicente. "But it still speaks to the fact that the DEA and the U.S. attorney in Colorado is just wildly out-of-touch with what the voters here want."
NewsHawk: MedicalNeed:420 MAGAZINE
Source:thedenverdailynews.com
Author: Peter Marcus
Contact: Denver Daily - Contact Us
Copyright: 2008 Denver Daily News.
Website:Denver Daily - Med pot grower offered plea deal
