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San Luis Obispo County businessman is fighting prosecutors' contention that he is a drug trafficker
By Scott Glover, Los Angeles Times Staff Writer
July 26, 2008
A highly anticipated trial involving conflicting marijuana laws got underway Friday in Los Angeles federal court with a prosecutor painting the owner of a Morro Bay medicinal marijuana store as a brazen drug trafficker who sold dope to teenagers and toted around a backpack stuffed with cash.
Defense attorneys struggled to provide context for their client's alleged crimes after being barred by the judge from mentioning the phrase "medical marijuana."
At the center of the case is Charlie Lynch, a 46-year-old businessman from San Luis Obispo County, who opened a facility called Central Coast Compassionate Caregivers in the spring of 2006.
Prosecutors contend that Lynch violated federal law by selling $2.1 million worth of marijuana in less than a year, some of it to people "not yet old enough to legally drink."
Lynch's defense attorneys would like to present evidence that their client was dispensing doctor-prescribed medical marijuana to sick people in accordance with state law and with the blessing of elected officials in Morro Bay. However, the U.S. Supreme Court has concluded that federal drug laws trump those of the state and that the reasons why the drug is distributed are irrelevant.
But one of Lynch's lawyers hinted during opening statements that Lynch had sought -- and presumably received -- approval from an official with the federal Drug Enforcement Administration before he set up shop. If they are able to convince U.S. District Judge George Wu that there is a sufficient basis for mounting such a quasi-entrapment defense, they may be allowed to present evidence that Lynch believed he was operating within the law, which legal experts said would likely make him more sympathetic to jurors.
"It could have an enormous effect," said Rebecca Lonergan, a USC law professor and former federal prosecutor in Los Angeles. "Any time you have a hot political or public policy issue like this, there is the risk that members of the jury will decide based on their politics, not the evidence in the case."
Though they were not explicitly told that the case involved medical marijuana, potential jurors revealed strong opinions on the topic and confusion about the law during the jury selection process. One man, an engineer, said he had trouble reconciling how it could be legal to sell marijuana under state law and prohibited by federal law.
"It just doesn't make sense to me," he said. The man was excused from the panel.
Other potential jurors were dismissed after revealing strong feelings on the issue.
"I don't think I'd be a fair juror because I tend to side with the state law," said a young woman from Torrance who told lawyers she had one friend with chronic back pain and another with stomach cancer who had used the drug medicinally.
"If a person is going to have a better quality of life, I'd prefer to give them that," she said.
Another potential juror said she was so troubled by the fact that someone would break any law -- state or federal -- that she had already concluded the defendant was guilty.
Opening statements began Friday morning with Assistant U.S. Atty. David P. Kowal telling jurors that Lynch had sold drugs to more than 2,000 people, 250 of them under the age of 21, which carries a special sentencing enhancement under federal law. Many of the young customers "came back time and again," Kowal said.
He told jurors that records seized from Lynch's store and home revealed that he distributed more than 100 kilos of marijuana worth about $2.1 million during the approximately 11 months he was in business. When police and federal agents raided Lynch's home in March 2007, they found a backpack containing $27,000, possible proceeds from recent sales at the store.
"It involved money. Lots of money," Kowal told jurors, "and he was at the center of everything."
If convicted, Lynch faces a minimum of five years in federal prison.
As the prosecutor spoke, Lynch, who looks as much like a bank manager as drug dealer, sat impassively between his two federal public defenders, Reuven Cohen and John Littrell.
Cohen told jurors that they "will hear directly from Charlie Lynch" when he takes the witness stand in his own defense. He also told jurors that there would be testimony from Lynch's patients, parents who took sick kids to his dispensary and elected officials from Morro Bay who supported Lynch's efforts.
How much of that testimony jurors will actually get to hear remains to be seen. The judge must still decide whether the entrapment defense is viable and opens the door to such testimony, a decision likely to be reached over the next several days.
If jurors were to hear Lynch's story, it would go something like this, according court files and interviews:
Far from the cynical entrepreneur portrayed by prosecutors, Lynch is a compassionate and responsible man who wanted to help sick people and make a reasonable profit. He obtained a business license before opening his doors and was welcomed by city leaders in Morro Bay, some of whom mugged for photos with him at a Chamber of Commerce ribbon cutting.
The facility itself was situated in the heart of the seaside community's downtown shopping district.
Among Lynch's patients was Owen Beck, a 17-year-old high school football and soccer player who developed bone cancer and had to have his leg amputated, Lynch's lawyers said. The teen's parents took him to Lynch's facility after traditional medicine took away his appetite and did little to ease his pain.
The pot lessened Owen's pain but not his appetite, he said in an interview on actor Drew Carey's website, www.reason.tv.
Steve Beck, Owen's father, said Lynch often gave his son marijuana at no charge because he was "a compassionate kind of guy."
By Harry Harris and William Brand, Staff Writers
Article Last Updated: 07/24/2008 02:49:11 PM PDThttp://www.insidebayarea.com/ci_9983491
OAKLAND _ Police broke up one of the largest marijuana growing operations they've seen in recent years, raiding three homes Wednesday night and seizing more than $225,000 cash, arresting four people and confiscating $60,000 worth of marijuana.
It was a bust that extended to Mendocino County where some of the marijuana was grown. Police said the suspected ringleader, Theodore Christos, 29. grew marijuana on property he owns in Mendocino County and at a house in the Oakland hills where 151 young plants were seized at a house Christos owns in the 500 block of Crestmont Drive.
Oakland Police Sgt. Oritz said all the marijuana transactions were made at a house in the 1000 block of 56th Street in North Oakland. Christos kept records of his sales at his home in the 3500 block of Harrison St.
Sgt. Ortiz, who supervises Problem-Solving Officer Unit 2, said the investigation started a few months ago, based on information developed by the unit's Officers Ercivan Martin and Marcel Patterson. They discovered that Christos was distributing huge amounts of marijuana. Surveillance led to the raids Wednesday night at the three Oakland sites.
Ortiz said Christos was arrested at the 56th Street residence as he sold 15 pounds of harvested marijuana to a man who turned out to be wanted on criminal charges in Florida. He was identified as Daniel Bradien, 32.
Police also arrested two men at the grow site on Crestmont. Their names were not immediately released. Police also found a revolver at the Crestmont house.
Police believe Christos was selling the marijuana for at least $2,000 a pound.
Sgt. Ortiz said Christos had been "rolling underneath the radar" for some time. Christos was arrested on suspicion of cultivation of marijuana, possession for sale and for sales of marijuana.
Oakland police have also contacted the federal Drug Enforcement Administration. That agency is expected to take over the case.
The grow site on Crestmont was very sophisticated, with the latest watering and lighting technology. But the plants were basically seedlings, police said.. Ortiz believes the pot being sold was grown in Mendocino. Authorities in Mendocino have also been contacted.
Cops return medical-marijuana files taken in raid — but not the pot
Seattle police returned hundreds of patient files and a computer hard drive to Martin Martinez Thursday evening, two days after they raided his University District storefront where he runs a collective and outreach group for medical-marijuana patients.
By Sara Jean Green
Seattle Times staff reporter
Martin Martinez won't be charged. Related Unjust Bust
Seattle police returned hundreds of patient files and a computer hard drive to Martin Martinez Thursday evening, two days after they raided his University District storefront where he runs a collective and outreach group for medical-marijuana patients.
Prosecutors have told Martinez he won't face any charges and the investigation is now closed.
"Nothing is going to happen. It's done," said Douglas Hiatt, Martinez's lawyer, who went to the Seattle Police Department Thursday to pick up the files and other belongings.
But police have so far refused to return about 12 ounces of marijuana and two bongs seized during Tuesday's bust, Hiatt said.
According to Hiatt, a police-department attorney has promised that the drugs and water pipes won't be destroyed until Hiatt can raise the issue with King County Prosecuting Attorney Dan Satterberg or take the matter to court.
"It's really the principle — if you have the legal right to have something, the police shouldn't be able to take it away from you and not give it back," Hiatt said.
Dan Donohoe, a spokesman for Satterberg, confirmed the files' return and that Martinez would not face criminal charges but referred questions about the seized marijuana to Seattle police, who couldn't be reached Thursday.
In a written statement, Satterberg said police "acted appropriately" and were right to seize items from Martinez because "they reasonably believed that they showed an effort to distribute marijuana in violation of state law."
But the statement also acknowledges that Martinez, who suffered severe neurological damage in a motorcycle accident in 1986, "is authorized to possess marijuana for medical purposes," and that the amount of pot seized by police was arguably within the 60-day supply limit the state medical-marijuana law provides.
Seattle police searched Martinez's office on Northeast 50th Street after neighbors complained of a strong odor of pot in the building. After obtaining a search warrant, they carted off the pot and the files, which included detailed medical histories and medical-marijuana prescriptions. They also broke down part of a wall in search of marijuana plants. They didn't find any.
Lawyer Wants Troopers to Prove Pot-Sniffing Abilities
Wednesday, July 09, 2008
AP Newswire
CALHOUN, Ga. — The lawyer for a man accused of having 10 pounds of marijuana said something about the arrest smells. He wants two Georgia State Patrol troopers to prove they can sniff out pot tied up in a trash bag inside a car trunk.
If troopers Jeff Adamson and Kevin Turner are unable to repeat the feat with a random car in the Gordon County courthouse parking lot, attorney David West says the evidence against Jarmane Vernon Knox should be suppressed for lack of probable cause for a search.
West says: "If these officers really think they are human drug dogs, let's put them to the test."
Knox and passenger Derrick Mikes were stopped on Interstate 75, initially because the license plate tag light was out.
NORCO - You may not be able to dispense medical marijuana here, but you can learn about it.
"Marijuana: Compassion and Common Sense," a local cable show, began airing in Norco and Riverside in June.
"We're trying to tell the people about the benefits of the medical marijuana," said host and medical-marijuana advocate Lanny Swerdlow. "Humans have been using marijuana for over 5,000 years, and it was always seen as a medicine. But 70 years ago, suddenly, this became this dirty drug."
Swerdlow said the show's purpose is educational.
In September, Norco's City Council amended its zoning code by a 3-1 vote to prohibit medical-marijuana dispensaries. Claremont and Chino have taken similar actions.
Ken Andersen of Corona, who operated the medical-marijuana dispensary Collective Solution before it was banned by Norco, said he was glad the show was airing locally.
"Anything to put the eye of medical marijuana out to the world, anything that can further awareness is good," Andersen said.
Every episode of the show includes discussion of recent issues medical-marijuana issues and interviews with local advocates and politicians.
Aside from producing and hosting the show, Swerdlow runs the Marijuana Anti-Prohibition Project, a support group for medical-marijuana patients that holds monthly meetings throughout the Inland Empire. He also hosts a radio show every week on the same topic.
The cable show started three years ago in the Coachella Valley.
Swerdlow said he hopes to expand to more cities in the Inland Empire. The half-hour show airs Tuesday nights at 8 on Channel 32 in Norco.
Newsom Officially Explores Run For Calif. Governor
Weedbay.net staff added to this report
SAN FRANCISCO
(CBS 5 / AP) ― San Francisco Mayor Gavin Newsom is ending the speculation over whether he is considering a run for governor in 2010.
Newsom, a Democrat best known for challenging California's ban on same-sex marriage early in his first term, filed papers Tuesday afternoon to form an exploratory committee so he can start raising money and conducting polls for a possible gubernatorial campaign.
If he ends up entering the race, one of the 40-year-old Newsom's opponents for the Democratic nomination could be a man 30 years his senior. Attorney General Jerry Brown, previously served as the state's governor from 1975 to 1983, has said he is contemplating trying to reclaim the job.
On the Republican side expect Steve Poizner, Insurance Commissioner and perhaps outgoing eBay CEO Meg Whitman.
June 24, 2008
A compound in marijuana may be a potent anti-inflammatory agent that won't get people high, scientists say.
The finding could be a boon to sufferers of arthritis, cirrhosis, and other diseases. Existing drugs can be less effective for some people and can carry side effects, from stomach ulcers to increased risk of heart attacks.
Marijuana supporters have long argued that the plant's active ingredients, known as cannabinoids, are safe and effective treatments for pain, nausea, and other ailments.
The most active cannabinoid—delta-9-tetrahydrocannabinol, or THC—is known to have anti-inflammatory properties. But it is also responsible for the plant's psychotropic effects.
Now researchers say that another cannabinoid, called beta-caryophyllene, or (E)-BCP, helps combat inflammation without affecting the brain.
(E)-BCP is already part of many people's daily diets, the researchers note. Foods that are particularly high in the compound include black pepper, oregano, basil, lime, cinnamon, carrots, and celery.
Seems the rumors are true. Busts all over the area, here's a couple reports. The FBI and DEA it seems are raiding and performing knock and talks. More info coming in.
Salmon Creek
This entry was posted on June 24, 2008 at 9:15 am and is filed under Humboldt , Rural , news and photo. You can follow any responses to this entry through the RSS 2.0 feed.
The bulk of the action seems to be down there.
Kym K has a photo of agents in Salmon Creek. Eric Kirk is monitoring KMUD. Busts in Redway, including one witnessed by Eric himself. Also there’s apparently a good deal of action out near Whale Gulch.
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