Pubdate: Wed, 10 Aug 2011
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2011 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Jameson Cook, Daily Tribune Staff Writer

ADVOCATE OF MARIJUANA, SMALL GOVERNMENT CONVICTED OF ALL CHARGES

A Clinton Township man who espoused anti-government and
marijuana-rights views in his trial was found guilty Wednesday on all
counts for manufacturing the drug and gun possession.

Jeffrey Szewczyk, 38, was immediately taken to jail after he was
convicted of possession of a firearm during the commission of a
felony, which carries a mandatory two-year prison term, manufacture of
five to 45 kilograms of marijuana and maintaining a drug house.

In a raid last October, police found 73 marijuana plants of various
sizes in Szewczyk's grow room in the basement of his home and three
shotguns, one handgun and nearly 200 rounds of ammunition.

Szewczyk argued the government didn't have a right to restrict his
cultivation of the natural product and kept the guns to protect his
family in case of anarchy.

Szewczyk represented himself in the four-day trial in Macomb County
Circuit Court in Mount Clemens, although he was assisted by advisory
attorney Beverly Safford. During his closing argument, he told jurors
they could "nullify" the criminal charges and reminded them, "You are
the boss."

Safford said despite Szewczyk's quality effort, she wasn't surprised
by the verdict.

Many of his beliefs align with the anti-government Sovereign Citizen
movement, although Szewczyk denies association with the organization
because he supports limited federal government.

"There is no evidence that anybody has won anything in court across
the county in these cases where they argue the Sovereign Citizen
philosophy," Safford said. "Think about it, the juries are made of
people who vote, and these people don't vote."

The eight-woman, four-man jury deliberated about two hours over two
days.

Assistant Macomb prosecutor Stephen Steinhardt called the evidence
against Szewczyk "overwhelming."

"The jury did a good job of deciding what was relevant, as well as
following the law as instructed by the judge," he said. "The defendant
was entitled to represent himself. However, he was not entitled to
make up his own law."

Szewczyk said he grew the marijuana for personal use to relieve pain
behind his eyes. But Steinhardt contended Szewczyk distributed it to
others, although the only evidence of anyone else using it was a
friend of his adult daughter who occasionally smoked there.

"This case was never about medical marijuana," Steinhardt
said.

The trial attracted a handful of Szewczyk supporters and other
observers. Supporter Robert Garner, who claims he cured his cancer by
ingesting a marijuana extract, is certified to grow marijuana under
the state Medical Marihuana Act.

"If he had one of these, he'd be just like me," he said, showing his
card.

If Szewczyk had a caregiver card, he would be allowed to possess up to
72 plants for five patients and himself under the MMA, and more than
one pound of pot.

Clinton Township police Lt. Dave Demick said a caregiver card may have
helped Szewczyk avoid charges. He said Szewczyk would have to show he
grew for patients.

"He would've had an argument," Demick said.

Advisory attorney Safford said she feels bad for Szewczyk's wife,
Wonetta, and four children, three of them minors and all of whom
attended the trial at one point.

"It's a tragedy for the family," she said.

His eldest child, Jessica, 20, and Wonetta cried, especially upset
that Szewczyk was handcuffed and taken to the Macomb County Jail upon
request of Steinhardt, who contended Szewczyk would flee and be a risk
to himself and others because he doesn't recognize the authority of
police and the court. Szewczyk argued during the trial the federal
government never properly ceded its power to the state.

"I think he is a risk to himself, his family and the community,"
Steinhardt said.

He had been free on a $50,000 bond and pleaded with Judge Edward
Servitto to let him remain free while he appeals.

"I'm a peaceful man," Szewczyk said. "I have never been a danger. ...
I've never been a flight risk. I've always taken care of my legal
responsibilities in life."

But Servitto said, "My only concern here is you don't recognize the
court's authority of the state of Michigan. ... You're a flight risk."

Szewczyk replied: "A man's word is his bond. You have my
word."

As Szewczyk was led away in handcuffs by a sheriff's deputy, he
thanked the judge and apologized.

"You're not a bad man," Servitto told him.

Wonetta Szewczyk contended her husband was unfairly
treated.

"He never got a fair trial," she said. "They never allowed him to
bring in evidence. I just can't believe this. Thirteen (actually 12)
jurors just destroyed my family.

"He's minding his own business. He's never hurt nobody."

Her husband said he kept the marijuana in the basement isolated from
his children.

Wonetta said adults commonly keep dangerous items in their
home.

"Don't they have kitchen knives? Aren't they harmful?" she said.
"Don't they have prescription drugs in their house?"

But Steinhardt noted in the trial that three of the four guns in the
home were loaded, although Szewczyk contended they were kept away from
the children.

Szewczyk's sentencing was scheduled for Sept. 21. In addition to the
mandatory two years, he could receive another year or two.

Wonetta Szewczyk, 40, also free on a $50,000 bond, faces the same
charges as her husband. A pretrial is scheduled for Aug. 29 and her
trial is scheduled for Sept. 7 in front of Servitto.

She said she has obtained an attorney for her case.

The couple's three minor children were removed by Child Protection
Services and are residing with Jeffrey Szewczyk's mother.
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