Source: Tribune Review (PA) Contact: 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.