Pubdate: Thu, 16 Oct 2008
Source: Nelson Star (CN BC)
Copyright: 2008 Black Press
Contact: http://drugsense.org/url/4kNvY8sy
Details: http://www.mapinc.org/media/4866
Author: Darryl Pollock
Related: http://www.mapinc.org/drugnews/v08/n910/a08.html
Bookmark: http://www.mapinc.org/topics/holy+smoke

JAIL TERMS FOR POT CONVICTION

Petition, Pleas Don't Sway Judge

Two of the Holy Smoke four were sentenced Tuesday for drug trafficking.

Akka Annis and Paul DeFelice will do jail time.

The outcome of the trial held approximately two weeks ago saw Annis heading 
to Nelson's holding facility for 40 days during weekends, while DeFelice 
faces 12 months in Kamloops Regional Correctional Facility.

"My sentence was a little bit of a relief, since I'll be in Nelson," said 
Annis.

"I'm not happy, but I'm a little relieved," he reiterated.

As for DeFelice, Annis said he, as well as the people in the courtroom, 
seemed shocked at the sentence.

"It's pretty harsh and I really felt for him. The room went very quiet," he 
said.

The sentencing started with a testimony from Annis' mother-in-law Deborah 
Lysenko, who said she has never known Annis to be anything but kind, and is 
very instrumental in being an uncle to her son's child.

"I've been taken aback by how kind and considerate Akka was," said Lysenko.

"Akka places such a crucial role in the child's care," she added.

"In this regard, I'd like to plea that any jail time for Akka would be a 
severe, severe crisis for our family."

Along with this statement, 395 people signed a petition and wrote letter 
vouching for both of the men's excellent character.

In reference to Annis, his landlord stated he has a talent of giving to the 
community, and was called highly valuable and reliable by others.

Many of these same tones rang in character referenced for DeFelice as well.

The defendants lawyer, Don Skogstad remained firm in his support of the 
men, stating that they are fine members in the community who were just 
trying to provide a community service which is safer than street drugs for 
people who are sick.

"This endeavour was an endeavour of the heart, not the heard," said 
Skogstad. "It was not a profit making venture," he added.

He said he felt a sentencing of community service would be proper in this 
situation.

"The community supports them and I think you should make them support the 
community as their punishment," said Skogstad.

The Crown Prosecutor Rob Brown disagreed, stating the men had been 
convicted of incidents before and received small sentences, something which 
should not happen this time.

"I say that if you don't incarcerate him, that it sends out a message that 
repeat offenders can come together, organize the sale of drugs and walk out 
of here," he said.

"There has to be consequences or it's going to happen again in this 
community," Brown added.

In the end, Judge Donald Sperry sentenced both the men to jail time, a fact 
that Annis feels will solve nothing.

"It's really unfortunate because jail time makes people more rebellious," 
he said.

Although he, and other community members are not happy with the results, he 
is pleased in a small way that he will be able to help his family of his 
wife, her brother and his son winterize their house, and he will be able to 
plant his garlic this fall.

"This community really stands behind us," said Annis.

"I think this decision has made people in the community unhappy and sad," 
he added.

Other defendants Alan Middlemiss and Kelsey Stratas will face sentencing on 
December 23.