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Glenwood Springs, CO - Prosecutors plan to proceed to trial with a case against an alleged medical marijuana grower next month, despite a recent ruling that tossed out some evidence and criticized a regional drug task force for wrongfully destroying most of the marijuana seized in the arrests of four people in Rifle last year.
Assistant District Attorney Vince Felletter told Judge Dan Petre Thursday the ruling by Judge James Boyd would not be appealed.
"Not all the evidence was eliminated," he said.
A four-day trial is scheduled to begin June 14 for [name deleted].
Ryan has said she was allowed to grow the plants for patients with medical needs and under doctor's orders.
Two of those arrested in August 2004 by the Two Rivers Drug Enforcement Team, [names and towns deleted] had arraignment hearings continued until June 23 by Petre.
[name deleted] is charged with growing and possessing marijuana with the intent to distribute. He has claimed he is allowed to smoke marijuana to deal with a chronic esophagus ailment that can lead to cancer. Justin Brownlee is charged with unlawful cultivation.
Family friend Drew Gillespie, 19, of Lakewood, pleaded guilty last year to cultivation charges and is on two years probation.
Boyd's ruling criticized TRIDENT officers for destroying most of the 131 plants they found, uprooted and smashed before they knew the state's medical marijuana law required them to preserve the plants until the case was resolved. Then, after they learned about it, they buried the plants in a landfill.
[name deleted] allegedly had five state caregiver certificates, which would have allowed her to have 30 plants, under the terms of the voter-approved 2000 amendment that legalized medical marijuana.
"To the extent TRIDENT's actions arose from ignorance of the constitutional provision, nearly four years old at the time of the investigation in this case, TRIDENT's actions were not an innocent or good faith mistake," Boyd wrote. "At the time the evidence was taken to the landfill, TRIDENT knew or should have known the number of plants would be important in determining whether or not a crime occurred."
Source: Daily Sentinel, The (Grand Junction, CO)
Copyright: 2005 Cox Newspapers, Inc.
Contact: letters@gjds.com
Website: gjsentinel.com | Grand Junction news, sports, entertainment, shopping and more.
Assistant District Attorney Vince Felletter told Judge Dan Petre Thursday the ruling by Judge James Boyd would not be appealed.
"Not all the evidence was eliminated," he said.
A four-day trial is scheduled to begin June 14 for [name deleted].
Ryan has said she was allowed to grow the plants for patients with medical needs and under doctor's orders.
Two of those arrested in August 2004 by the Two Rivers Drug Enforcement Team, [names and towns deleted] had arraignment hearings continued until June 23 by Petre.
[name deleted] is charged with growing and possessing marijuana with the intent to distribute. He has claimed he is allowed to smoke marijuana to deal with a chronic esophagus ailment that can lead to cancer. Justin Brownlee is charged with unlawful cultivation.
Family friend Drew Gillespie, 19, of Lakewood, pleaded guilty last year to cultivation charges and is on two years probation.
Boyd's ruling criticized TRIDENT officers for destroying most of the 131 plants they found, uprooted and smashed before they knew the state's medical marijuana law required them to preserve the plants until the case was resolved. Then, after they learned about it, they buried the plants in a landfill.
[name deleted] allegedly had five state caregiver certificates, which would have allowed her to have 30 plants, under the terms of the voter-approved 2000 amendment that legalized medical marijuana.
"To the extent TRIDENT's actions arose from ignorance of the constitutional provision, nearly four years old at the time of the investigation in this case, TRIDENT's actions were not an innocent or good faith mistake," Boyd wrote. "At the time the evidence was taken to the landfill, TRIDENT knew or should have known the number of plants would be important in determining whether or not a crime occurred."
Source: Daily Sentinel, The (Grand Junction, CO)
Copyright: 2005 Cox Newspapers, Inc.
Contact: letters@gjds.com
Website: gjsentinel.com | Grand Junction news, sports, entertainment, shopping and more.
