Source: Tribune Review (PA) 
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Website: http://tribune-review.com/
Pubdate: Thu, 05 Feb 1998
AUTHOR: Rich Cholodofsky, Tribune-Review

JUDGE THREATENED WITH BLACK MAGIC

Westmoreland County Judge Gary Caruso won't be scared off by a curse. Under
a threat of black magic, Caruso sentenced a Scottdale man to two years in
prison Wednesday for possession of marijuana.

Before he was sentenced, Thomas Zeller, 44, tried to convince the judge he
would regret sending him to prison. "If I am removed to a cave, a sadistic
cage that tortures people, it will bring a curse upon your being," Zeller
said.

Zeller was convicted of possession and possession with the intent to deliver
illegal drugs following a three-day trial in November. Scottdale police
searched Zeller's home Sept. 2, 1996, and found 11 marijuana plants growing
in window boxes.

Zeller, who describes himself as a holistic healer, claimed he used the
plants for medicinal purposes. His defense at trial was that prohibition of
marijuana was unconstitutional and that God had told him to grow the plants
for healing. He also told jurors he found a holistic cure for cancer.

Yesterday Zeller continued to tout his healing powers. He said he had more
than 1,200 patients and a 100 percent cure rate. He also told Caruso that
his prosecution was sadistic and that he was acting under the authority of
God. "I don't feel like a criminal," Zeller said.

As he did during the trial, Zeller represented himself at yesterday's
sentencing hearing. He challenged findings in a pre-sentence report that
concluded he was paranoid about authority and he disputed the interpretation
of his theories about the medicinal uses of marijuana.

Caruso said he didn't want to sentence Zeller to prison, but was required to
by law. State law mandates a 1- to 2-year jail term and a $5,000 fine for
possessing marijuana. "Incarceration is not appropriate but I am duty bound
to do it," Caruso said.

Caruso said he believed Zeller was a pacifist and not a danger to society.
Despite the findings, Caruso did not order Zeller to obtain a mental illness
evaluation or drug and alcohol treatment during his stay in prison. Zeller
will remain free on a recognizance bond pending an appeal.