Pubdate: Sat, 17 Mar 2001 Source: Press Democrat, The (CA) Copyright: 2001 The Press Democrat Contact: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Feedback: http://www.pressdemocrat.com/opinion/letform.html Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Author: Clark Mason, The Press Democrat POT CASE MAY HINGE ON PROFIT FROM CLUB SALES Scraps of paper with names and dollar amounts could help a jury decide whether a Petaluma pot farm was a legitimate source of medical marijuana or a convenient way to make money. During the first week of a trial in Sonoma County Superior Court, prosecutors presented the scratch paper and other documents as evidence of illicit drug transactions. The defense, in turn, said they represent purchases of pot to supplement a large crop being grown for a San Francisco medical marijuana buyers' club. The clashes have extended beyond interpretation of the evidence, in what is believed to be the state's first jury trial involving suppliers of a medical marijuana club. Defense attorneys moved for a mistrial at one point, objecting to the testimony of Sheriff's Deputy Steve Gossett, who ventured a legal opinion they said was improper. Gossett, a drug officer, said he did not believe one person could be a caregiver for 1,280 people. That is a crucial question for jurors deciding whether Ken Hayes and Michael S. Foley were dealing drugs or following the state's medical marijuana law. The law, approved by voters in 1996, allows people to use marijuana with a doctor's recommendation. It also has a provision covering caregivers. Defense attorneys asked for a mistrial after Gossett twice expressed his view about the caregiver issue. Judge Robert Boyd denied the request, but cautioned the officer to withhold his opinion. Gossett, an expert on marijuana cultivation, has been the sole witness to testify over the first three days. His cross-examination will continue Monday. Hayes and Foley say they were employees of the Castro district club known as CHAMP, or Cannabis Helping People Alleviate Medical Marijuana Problems. They say the San Francisco Board of Supervisors approved of the marijuana buyers club. Sonoma County District Attorney Mike Mullins says the cannabis club is not on trial, just the two men linked to an 899-plant farm on King Road in Petaluma. "We have no problem with the club," said prosecutor Carla Claeys. "It did some good things." Gossett, the main witness for the prosecution, said he believes Hayes was selling marijuana at a profit to CHAMP, saying it is the same as brokering an illicit deal. Gossett said records seized at Hayes' place indicate he made more than $1,300 on one transaction in which he bought and then resold 2.4 pounds of marijuana and one pound of hashish to the club. Hayes' attorney, William Panzer, said Friday there is a reasonable explanation which he expects will emerge later in the trial. He previously has said courts have allowed caregivers to recoup their expenses. Under questioning by Panzer, Gossett acknowledged that it was difficult to tell whether the numbers on the documents represented sale or purchases of marijuana, and could be either. Gossett estimated the plants in the greenhouses and barns at the King Road location could produce a crop of 112 to 168 pounds, with a value ranging from $358,000 to $539,000. Prosecutors displayed burlap bags filled with some of the marijuana seized from Hayes and Foley. In response to a question by Panzer, Gossett conceded that 1,280 club members could go through all the marijuana in as little as a week, based on guidelines for medicinal marijuana users in a federal program. Gossett said the six greenhouses on the property were producing a new crop every two weeks, and it is likely a large amount of marijuana had already been cultivated before officers halted the operation on May 14, 1999. Panzer challenged assertions that Hayes was making a lot of money selling marijuana. "What kind of Ferrari did Mr. Hayes own? What kind of Ferrari did he drive?" Panzer asked. Gossett replied that Hayes drove "a beat-up truck and old red Mazda" and there wasn't a large amount of money in his bank account, fancy furniture or expensive jewelry in the home. Panzer contends Hayes had no incentive to sell pot on the black market, saying he had built-in customers at the club who would buy everything he had and more. Asked what reason Hayes would have to sell it elsewhere, Gossett replied, "some people just get a thrill out of dealing dope." - --- MAP posted-by: Beth