Pubdate: Tue, 27 Jan 2004
Source: Steamboat Pilot & Today, The (CO)
Copyright: 2004 The Steamboat Pilot & Today
Contact:  http://www.stmbt-pilot.com/
Details: http://www.mapinc.org/media/1549
Author: Susan Bacon
Cited: Drug Enforcement Administration www.dea.gov
Bookmark:  http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/don+nord

U.S. ATTORNEY ENTERS MARIJUANA CASE

The U.S. Attorney's Office has asked a federal judge to dismiss
contempt citations against six federal agents who seized marijuana
from a Hayden man with a medicinal marijuana permit.

In a simultaneous action, the U.S. Attorney's Office removed the case
from the state court, taking the case -- for the most part -- out of
the hands of Routt County Judge James Garrecht.

Garrecht issued the contempt citations Jan. 6. The U.S. Attorney's
Office took its action Friday.

Nine officers were involved in the Oct. 14 search, which has
highlighted a conflict between a voter-approved state rule allowing
medicinal marijuana and federal laws that do not allow anyone to use
marijuana.

The motion from the U.S. attorney asks the federal court to dismiss
contempt citations for six officers who participated in the search, in
which marijuana and growing equipment was taken from medical marijuana
user Don Nord.

One officer is a special agent for the U.S. Drug Enforcement
Administration, and the other five are deputized officers of the DEA
through the Grand, Routt and Moffat Narcotics Enforcement Team.

The other three officers are Hayden police officers and so are not
federal officers. Those officers are scheduled to appear in county
court before Garrecht on Feb. 2 to show why they should not be
punished for contempt.

Cases are removed to federal court "when there is a federal question
and the government feels it necessary to intervene," said Jeff
Dorschner, spokesman for the U.S. Attorney's Office.

The motion to dismiss the contempt charges said that the six officers
should not be held in contempt of court because of the supremacy of
federal law, which considers marijuana a controlled substance that is
illegal contraband.

Colorado cannot, the motion said, allow someone to possess marijuana,
because it pre-empts federal laws.

The motion later read, "From a federal law standpoint, all actions
taken by (the officers) were lawful and, indeed, furthered Congress's
mandate to keep drugs off the street."

The U.S. Attorney's Office offered to represent the Hayden police
officers, said Hayden Police Chief Jody Lenahan, but the Hayden
officers had to go through their insurance company first to determine
whom their lawyers should be. Late last week, the insurance company
said it would handle the case only if a lawsuit were involved.

The Hayden officers are to appear in court Monday and will be
represented by Hayden town attorney Michael Holloran.

Dorschner said the U.S. Attorney's Office has been in limited contact
with the Hayden officers, and that though the U.S. attorney is not
legally representing them, the office believes the arguments for why
the federal officers should not be held in contempt applies to the
Hayden officers as well.

The U.S. Attorney Office's request to dismiss the contempt citations
will be heard by U.S. District Court Judge Walker Miller. Miller has
several options, including holding a hearing for oral arguments,
asking for Nord's attorney to file a response or simply giving a ruling.

Attorney Kristopher Hammond, who represents Nord, said he and his
client are considering their options. Traveling to Denver for hearings
could be prohibitively expensive, Hammond said.

The DEA agent involved in the case is Doug Cortinovis. The GRAMNET
officers involved are: Dan Kelliher of the Routt County Sheriff's
Office, Dwight Murphy of the Steamboat Springs Police Department, Mike
Lovin of the Grand County Sheriff's Office, Jenny Hoefner of the Craig
Police Department and Todd Reece of the Moffat County Sheriff's Office.

Hayden officers who received contempt citations are Lenahan, Ed
Corriveau and Darin Falk.
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