Source: Orange County Register (CA)
Contact:  http://www.ocregister.com/
Copyright: 1998 The Orange County Register
Pubdate: Tue, 20 Oct 1998

THE CHAVEZ CASE

The county's case against Marvin Chavez, founder of the Orange County
Patient, Doctor, Nurse support Network for selling marijuana to an
undercover officer was scheduled to begin Monday amid a flurry of activity
on the medical marijuana front.

Last week in Oakland, a federal judge had ordered the Cannabis Buyers
Cooperative closed, then stayed the order to give club attorneys a chance
to file an appeal.

A case against two San Diego men who were involved in what they said was a
"buyer's club" for patients who needed marijuana for medical purposes was
continued until December because one of the defendants had contracted
diabetes and needed more time to prepare for the trial.

And Marvin Chavez's case was delayed also, until 9 a.m. Nov. 2 in the
Orange County Courthouse.

In the Chavez case the delay was because defense attorney James Silva
discovered that the district attorney's office had not furnished the
defense about 600 hundred  documents - receipts and donation slips - that
bore on how Mr. Chavez and his patient group operated.

Deputy District Attorney Carl Armbrust said he believed the documents
weren't relevant, given that two courts had already ruled in this case that
Prop. 215, the medical marijuana initiative passed by voters in 1996, would
not be available as a defense.

Nevertheless, defense attorney Silva had already filed a motion asking
Judge Frank F. Fasel to hear evidence not previously presented and to
reconsider the decision regarding Prop. 215.

So Judge Fasel, aware that it would take time to go through the new trove
of documents, reluctantly granted a continuance. All parties now say they
really expect the trial to begin Nov. 2, that there will be no more delays.

We'll keep track of developments.

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Checked-by: Joel W. Johnson