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The420Guy
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Humboldt County Sheriff Dennis Lewis was found in contempt on Tuesday for
refusing to return marijuana seized from medical marijuana patient Chris
Robert Giauque during a traffic stop two years ago. Lewis has repeatedly
said he won't give the marijuana back because he doesn't want to break
federal law.
Humboldt County Superior Court Judge Bruce Watson suspended the contempt
charge because the county has filed a complaint with the federal District
Court in San Francisco, scheduled to be heard May 25. The sheriff wants a
federal judge to decide what to do with the pot; the patient's attorney
wants the complaint dropped.
If no decision is made by the federal court by June 8, Lewis must give back
the pot or pay a fine.
The Sheriff was not available for comment. The county's attorneys at
Mitchell, Brisso, Delaney and Vrieze in Eureka were not able to comment
because it's against company policy.
This battle is one of several legal fights being waged in California and
around the country. Recently a judge in Arizona ordered pot returned to an
Oregon man who carried it for medical use. The U.S. Supreme Court is also
hearing a case involving the Oakland Cannabis Buyer's Club.
J. Bryce Kenny, an Arcata attorney who represents Giauque, said while there
are differences between the cases, the Humboldt County case represents an
"important turning point."
"We'll be down there with guns blazing," he said.
Kenny said law enforcement officers are given "statutory immunity" by
federal law from prosecution from drug charges because they have to handle
the drugs so often.
Kenny said the county's attorney's are probably aware of this immunity. He
speculated that the choice to go on to federal court was a test to try to
shake off Giauque and his attorneys.
"Moneywise, timewise, and just experience. A lot of attorneys never go to
federal court," Kenny said.
Sheriff's contempt charge waits until trial
By James Tressler
The Times-Standard
Thursday, April 26, 2001 7:14 AM MST
Eureka Times-Standard: Breaking News, Sports, Business, Entertainment & Eureka News
refusing to return marijuana seized from medical marijuana patient Chris
Robert Giauque during a traffic stop two years ago. Lewis has repeatedly
said he won't give the marijuana back because he doesn't want to break
federal law.
Humboldt County Superior Court Judge Bruce Watson suspended the contempt
charge because the county has filed a complaint with the federal District
Court in San Francisco, scheduled to be heard May 25. The sheriff wants a
federal judge to decide what to do with the pot; the patient's attorney
wants the complaint dropped.
If no decision is made by the federal court by June 8, Lewis must give back
the pot or pay a fine.
The Sheriff was not available for comment. The county's attorneys at
Mitchell, Brisso, Delaney and Vrieze in Eureka were not able to comment
because it's against company policy.
This battle is one of several legal fights being waged in California and
around the country. Recently a judge in Arizona ordered pot returned to an
Oregon man who carried it for medical use. The U.S. Supreme Court is also
hearing a case involving the Oakland Cannabis Buyer's Club.
J. Bryce Kenny, an Arcata attorney who represents Giauque, said while there
are differences between the cases, the Humboldt County case represents an
"important turning point."
"We'll be down there with guns blazing," he said.
Kenny said law enforcement officers are given "statutory immunity" by
federal law from prosecution from drug charges because they have to handle
the drugs so often.
Kenny said the county's attorney's are probably aware of this immunity. He
speculated that the choice to go on to federal court was a test to try to
shake off Giauque and his attorneys.
"Moneywise, timewise, and just experience. A lot of attorneys never go to
federal court," Kenny said.
Sheriff's contempt charge waits until trial
By James Tressler
The Times-Standard
Thursday, April 26, 2001 7:14 AM MST
Eureka Times-Standard: Breaking News, Sports, Business, Entertainment & Eureka News
