Pubdate: Wed, 15 Feb 2012
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2012 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Paul Payne, The Press Democrat

ROBBERS DON'T HAVE TO REPAY HEALDSBURG VICTIM FOR STOLEN POT

A Healdsburg man whose marijuana was stolen in a home-invasion robbery
will be allowed to seek restitution to treat post-traumatic stress
disorder but not to cover his lost pot.

That was Tuesday's ruling from Sonoma County Superior Court Judge Gary
Medvigy in a potentially precedent-setting case that was being watched
by marijuana advocates across the state.

It stemmed from the October 2009 robbery in which four men dressed as
police officers barged into Michael Steffen's West Dry Creek Road
house and robbed him at gunpoint.

Steffen, 51, a carpenter, said the men stole 32 marijuana plants he
had been growing with doctors' recommendations to treat his chronic
neck pain and his mother's fibromyalgia.

The intruders loaded the pot and other household items such as guns
into a trailer and drove away, leaving Steffen bound with telephone
wire.

When the men were caught, Steffen sought repayment for monetary
losses, including $18,000 for six pounds of marijuana and about
$10,000 for therapy and stolen possessions.

Advocates said it would be the first time in state history that a
judge awarded restitution for marijuana stolen in a criminal case.

However, Medvigy balked at taking that step. He ordered the men
convicted in the case to pay for Steffen's future medical expenses,
but said they would not have to compensate him for the pot.

Medvigy said Steffen failed to show how much marijuana he had at the
time or how much it was worth.

Also, he pointed to conflicting statements Steffen made to police that
suggest he may have had up to 50 pounds - much more than the three
pounds per person allowed under county guidelines.

"I don't believe they've met the burden ... that this was a legal
grow," Medvigy said. "It does appear to have been a commercial
enterprise."

Steffen, who testified Tuesday, denied growing the marijuana for
profit. He said early statements he made to police about the value of
his drying pot - $45,000 - were just estimates.

His lawyer, Steve Spiegelman, said police may have confused 15 pounds
for 50pounds.

About a dozen medical marijuana advocates attended the hearing. Sarah
Shrader with the Sonoma County chapter of Americans for Safe Access
said the decision was unfair.

Steffen said he would consider appealing the ruling.

"I'm disappointed," he said. "They called me an illegal grower but I'm
not." 
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MAP posted-by: Richard R Smith Jr.