Pubdate: Mon, 27 Jan 2014
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2014 Livingston Daily Press & Argus
Contact: http://drugsense.org/url/Kk1qVKJf
Website: http://www.livingstondaily.com
Details: http://www.mapinc.org/media/4265
Author: Lisa Roose-Church
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

BURNING POT LEADS TO PROBATION

Defense Says Marijuana Grower Merits 'Valor' For Response to Case

The attorney for a Brighton-area man who burned marijuana in his 
chimney when police came to his home said his client "deserves 
valor," not jail or probation.

Dennis Keith Towne, 59, was sentenced to two days already served in 
the Livingston County Jail and one year of probation for 
manufacturing marijuana, which was a "shared grow" among himself, his 
wife and their adult child who are each medical marijuana caregivers.

Police found at least 9 pounds of marijuana in Towne's home in 2011 
when they went there to locate his son, who was wanted on an 
unrelated felony complaint.

"Sometimes, there are back stories to some of the cases the court and 
the people aren't aware of," defense attorney Neil Rockind told the court.

Towne "has done something that I think deserves valor. ... With great 
valor and love for his family, (he) chose to proceed and fight the 
fight he could," Rockind said.

"Never, at any point in time, did he attempt to point the finger (at) 
anybody else in the family. He said 'The charge is on me,' and that 
deserves some credit," Rockind added. "He admits that he was 
providing marijuana to other patients. There's no evidence he was 
providing marijuana for profit."

In fashioning his sentence, Circuit Judge Michael P. Hatty 
acknowledged that Towne's criminal history is "pretty vanilla" and 
includes only "some minor misdemeanor in 1976." However, he said, 
Towne's growing operation was "more than would be prohibited by law" 
and as a result, he disagreed with the recommendation from the 
Michigan Department of Corrections that Towne not receive a probation sentence.

Assistant Prosecutor Angela Del Vero took offense to the MDOC agent's 
logic in recommending the sentence. She said the agent's report 
indicated that Towne should not be on probation "because he's 
gainfully employed."

"To me, that justification really smacks of a real sense of 
unfairness," she said. "So only poor people get put on probation? 
That doesn't seem right to me."

Del Vero also asked the judge to consider the message his sentence 
sends to the community. She argued that it was important to "respect 
the people who follow the rules" of the Michigan Medical Marihuana 
Act and there should be consequences for those who violate the rules 
and endanger police.

She also noted that while the defense claimed Towne's 
marijuana-growing operation was "purely for (his) wife's" medical 
needs, the police report indicated that Towne was selling marijuana 
to other patients who were classified as "low income." She noted that 
sold the marijuana to low-income medical marijuana patients for $10 a gram.

That prompted Rockind to say the cost was "exceptionally low" 
compared to California, where it sells for $70 a gram.

"It's not that he's doing it out of the kindness of his heart," Del Vero said.

"This endangered the safety of the law enforcement there," she added. 
"They had to forcefully enter the home to prevent the destruction of 
evidence and there was firearms in that home. This case, had somebody 
had an even less cooler head, could have gone much, much worse than 
it did. I thank God (Towne) only burned evidence and and didn't go to 
the firearms in an unlocked safe."

Michigan State Police troopers went to Towne's home in the 6500 block 
of Cunningham Drive in December 2011 because they were looking for 
Towne's son on a felony complaint. While one trooper left to seek a 
search warrant after Towne indicated that his son was not at the 
house, two other troopers waited at the house.

One trooper said he began to see "an excessive amount of smoke coming 
from the chimney," and he said the smell of "freshly burned 
marijuana" began to fill the air. He said he also saw a bright glow 
in the Towne home and saw Towne "literally shoving handfuls of 
marijuana into a fire."

Troopers immediately entered the home by breaking a window. Once 
inside, police found an 18-gallon plastic tote about one-quarter full 
of "processed marijuana" as well as 50-100 live plants in the 
basement. The marijuana -- from seeds to full-grown plants -- was 
found throughout the house, including in a toilet, the trooper said. 
Authorities said they seized 75 marijuana plants along with 41 bags 
of marijuana and marijuana suckers that amounted to at least 9 pounds 
of marijuana.
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MAP posted-by: Jay Bergstrom