Marijuana panel lacks voice of DA

The News Review:

- Marijuana panel lacks voice of DA
- Firefighter among those arrested in marijuana ring
- State court overturns medical pot user’s conviction for dealing
- Cops Say Firefighters Found Room Full of Marijuana in Allentown
- Authorities seize more than 2 tons of marijuana in New Mexico in one…

Marijuana panel lacks voice of DA
Rocky Mountain News – Dec 22, 2007
Initiative 100, which passed on the November ballot, created a city ordinance making private possession of marijuana by an adult Denver’s lowest law-enforcement priority. The measure also called for the mayor to appoint a 11- member panel, including a district attorney representative to offer recommendations to city officials. The panel would review reports of all marijuana arrests by Denver police and of all marijuana prosecutions. Friday, Mayor John Hickenlooper announced the appointment of 10 members to the panel, with the spot from the Denver District Attorney’s Office vacant. Lynn Kimbrough, spokeswoman for Denver District Attorney Mitch Morrisey, told Hickenlooper last week that his office would not be participate on the panel. “The obligation of the panel is to dictate the prioritization of criminal prosecution. He has an oath that he would not let an outside body dictate when and how he prosecutes crime,” Kimbrough said… “The obligation of the panel is to dictate the prioritization of criminal prosecution. He has an oath that he would not let an outside body dictate when and how he prosecutes crime,” Kimbrough said. Mason Tvert, executive director of the group that put the marijuana measure on the ballot, called the DA’s decision “unfortunate. “This panel was created to help the city improve law enforcement efficiency and make Denver safer. I am baffled by the DA’s decision to go out of his way to ensure his office is not contributing to the effort,” Tvert said. Members of the Marijuana Policy Review Panel are Denver City Councilman Doug Linkhart; Tvert; Brian Vicente; Crystal Noel, counselor with Empowerment; Paula Hammond, Project Safeguard; Mary Malatesia, representing the police department; Frank Moya, public defender; Sandy Mullins, executive director of Colorado Criminal Defense Bar; Phil Cherner, criminal defense attorney; Vince DiCroce, representing the city attorney’s office. Subscribe to the Rocky Mountain News Comments.

Firefighter among those arrested in marijuana ring
Akron Beacon Journal – Dec 22, 2007
The ring allegedly unraveled this week with an arrest at a shopping mall and an attempted arrest at a city firehouse. Firefighter Michael Ferguson wasn’t there, but he turned himself in later. Federal Drug Enforcement Administration agents say the ring sold more than $3 million worth of marijuana in Cincinnati every month. The ring, which ended with 12 arrests nationwide, typically received marijuana shipments monthly, sometimes more often, from southern California, agents said.

State court overturns medical pot user’s conviction for dealing
San Francisco Chronicle – Dec 22, 2007
In overturning an Orange County man’s conviction for possessing marijuana for sale, the Fourth District Court of Appeal in Santa Ana said the prosecutor needed more evidence of sales than the opinion of a sheriff’s deputy who specialized in investigating narcotics dealers. The defendant, Christopher Chakos, was arrested in December 2004 in Rancho Santa Margarita near the medical office where he worked as a phlebotomist, drawing blood for lab tests. Officers found seven grams of marijuana in his car, along with a doctor’s note recommending pot for his pain and depression. They found more marijuana, in varying amounts, in a search of his apartment, along with a digital scale and a closed-circuit camera system… The defendant, Christopher Chakos, was arrested in December 2004 in Rancho Santa Margarita near the medical office where he worked as a phlebotomist, drawing blood for lab tests. Officers found seven grams of marijuana in his car, along with a doctor’s note recommending pot for his pain and depression. They found more marijuana, in varying amounts, in a search of his apartment, along with a digital scale and a closed-circuit camera system. The marijuana totaled about 6 ounces, less than the 8 ounces that medical marijuana patients can possess under state law. But Chakos was convicted of possession for sale based on expert testimony by Deputy Christopher Cormier, who conducted the search and said he had concluded Chakos was a dealer. Chakos was placed on probation for three years. Cormier based his conclusion on the exact amount of marijuana in the car, which he said was typical of dealers, and the presence of the scale and the camera system at the apartment, despite defense testimony that the camera system belonged to Chakos’ half brother.

Cops Say Firefighters Found Room Full of Marijuana in Allentown
Desastres.org – Dec 22, 2007

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