Pubdate: Wed, 01 Oct 2008
Source: Express (CN BC)
Copyright: 2008 Kootenay Express Communication
Contact:  http://www.expressnews.ca
Details: http://www.mapinc.org/media/2374
Author: Chris Shepherd
Bookmark: http://www.mapinc.org/topic/Holy+Smoke
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

"HOLY SMOKE 4" GUILTY

Defence lawyer says he will appeal guilty verdicts in drug 
trafficking case, sentencing due next month

The four men charged with drug trafficking out of a Baker Street 
business were found guilty last week but they will wait until October 
to hear their sentences.

Judge Donald Sperry of the B.C. Provincial Court quickly dismissed 
the defence built up by Holy Smoke co-owners Alan Middlemiss, Paul 
DeFelice, and their associates, Kelsey Stratas and Akka Annis.

Over several days in 2006, the four men sold marijuana and hash to 
undercover police out of Holy Smoke, 512 Hendryx St.

They did not deny the charges but their lawyer, Don Skogstad, argued 
they were providing an important community service by providing a 
safe environment to buy marijuana that wasn't mixed with other drugs. 
Skogstad also said they provided the drug to people who needed it for 
medical purposes and would not sell to minors.

While Skogstad had introduced witnesses who backed up those claims, 
Judge Sperry said the undercover police officers who bought the 
marijuana were neither underage, sick or concerned with quality.

The defendants also argued they started selling out of the store to 
counter drug dealers who were working out of the next door garden, 
but the judge was not convinced.

"Taking heat off the store is self service, not community service," 
Judge Sperry said.

He added legalizing marijuana isn't the responsibility of the court, 
but of the government.

Crown lawyer Robert Brown asked for a nine to 12-month sentence for 
Middlemiss, DeFelice and Stratas.  Those three all had prior 
convictions for drug related offences.

Annis has no prior convictions and Brown did not specify a sentence.

Brown said the four offered no remorse for their crime, accusing them 
of having an "in-your-face attitude," as evidenced by the massive 
sign on their shop and their behaviour in court.

"I believe the community looks to you silently...to impose a sentence 
that's going to be a message," Brown told the judge.  "It's not going 
to be accepted in our community."

Defence lawyer Skogstad took exception to the length of sentence 
requested and said someone who sold drugs in an alley would not get 
more than a month in prison.

Skogstad argued the country, and the Kootenays in particular, want 
marijuana legalized.

Marijuana advocacy was a recurring theme in Skogstad's case.

"If you give them that sentence, you're telling them they have no 
free speech," Skogstad told the judge.

Speaking to reporters after the hearing DeFelice said he was 
disappointed, but not surprised by the judge's decision.

"I was hoping, I guess, beyond hope, that the judge would see some 
merit in our arguments, but it sounds like he didn't see any merit in 
our arguments."

The defence asked for a delay in sentencing to gather support from 
the community, including a petition that will be circulated around Nelson.

Judge Sperry will deliver his sentence on Tuesday, Oct. 14 at 9 a.m.
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MAP posted-by: Jay Bergstrom