Pubdate: Thu, 26 Apr 2001
Source: Times-Standard (CA)
Copyright: 2001 The Times-Standard
Contact:  http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: James Tressler, The Times-Standard
Related: http://www.mapinc.org/drugnews/v01/n703/a01.html

SHERIFF'S CONTEMPT CHARGE WAITS UNTIL TRIAL

EUREKA -- Next month the dispute over an ounce of pot will roll into 
federal court.

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.
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