Source: Orange County Register (CA)
Contact:  http://www.ocregister.com/
Copyright: 1998 The Orange County Register
Pubdate: Fri, 13 Nov 1998
Author: Alan W. Bock-Mr. Bock is the Register's senior editorial writer.

CAST OF CHARACTERS IN THE CHAVEZ TRIAL

Marvin Chavez is a small man who almost always wears a chest brace because
of a rare spinal disorder.He found that marijuana offered him pain relief
without the side effects of prescription drugs.He became a campaigner for
Proposition 215.

The Marvin Chavez trial in West Orange County Court in Westminster, features
an interesting cast of characters assembled in a proceeding that could have
a profound impact on how Proposition 215 (now Section 11362.5 of the
California Healthy and Safety Code) will be implemented. Section 11362.5
specifically provides a defense against California laws against the
possession, use and cultivation of marijuana for patients with a
recommendation from a licensed physician and for their "primary caregivers."

However, California still has laws against the sale, transportation,
importing and furnishing of marijuana. While appellate court decisions have
suggested that some leeway in these areas might be appropriate since a
"right" that can't be exercised would be an absurdity, they have so far
declined to specify just how much leeway if any.

Marvin Chavez, the defendant, is a small man who almost always wears a chest
brace because of a rare spinal disorder that was aggravated by an injury
several years ago.

It took doctors several years to figure out that he was still having severe
back pain long after his injury should have healed because he has ALS,
commonly called Lou Gehrig's disease. They prescribed a wide range of pain
medications which, according to Marvin, left him severely depressed and
almost a recluse. "I hardly ever left my room for almost two years," he told
me.

Finally, having heard something about purported therapeutic effects, he
tried marijuana and found that it offered him pain relief without the
disturbing side effects of the prescription drugs. He became a campaigner
for Prop. 215 and after it passed he took steps to organize an Orange County
Cannabis Co-Op, later renamed the Orange County Patient Doctor Nurse Support
Group.

With Dr. Del Dalton, a pain-management specialist in Laguna Niguel as an
informal medical adviser, along with Anna Boyce, the registered nurse who
was instrumental in getting 215 passed, he (and others) put together a
program of educational activities, meetings among patients and distribution
of marijuana to patients with a doctor's recommendation.

But the cooperation he had hoped for from public and law-enforcement
officials was not forthcoming. He was arrested for selling marijuana.

Despite occasional flashes of bitterness ("We're disabled people, and mostly
poor people, just trying to get a reliable supply of our medication. Why are
they going to so much trouble to make a hard life even harder?") Marvin is
mostly cheerful and optimistic. He knows he might have to go to jail and it
will be hard to get his preferred medication there, but he's prepared for
the possibility.

Judge Thomas J. Borris, 45, has been presiding judge in the West Orange
County Judicial District since 1993. A Republican, he was appointed by Pete
Wilson. A Kansas City native who went to high school in Buena Park (where he
played football), he was graduated in 1976 from the Claremont Colleges with
a political science degree and received his law degree in 1979 from Loyola
Law School. He was a deputy district attorney in Orange County from 1980 to
1990 and in private practice from 1990 to 1993.

According to his short biography in the 1998 edition of "California Courts
and Judges," a standard reference work published by James Publishing, Inc.,
Judge Borris was named "Judge of the Year" in 1995 and "District Attorney of
the Year" in 1984 by the Orange County Narcotics Officers Association.

That is an interesting distinction to have earned, given his current case.
My observation, based on sitting in his courtroom for several days, is that
he is the fairest and most thorough judge to have had this case so far.

He listens, he has a sense of humor (when denying a motion from an attorney
he's prone to say "that's not gonna happen") and while he keeps things
moving along he also takes the time to consider issues and make sure both
sides have their say. He has ruled against the defense on most of the issues
germane to the case, but he has allowed the defense to build a foundation
for an entrapment defense on some of the charges. He loves sports analogies.

Carl Armbrust, the deputy district attorney prosecuting this case, is almost
a caricature of what you would expect an anti-marijuana crusader to be.
Tall, balding, gaunt, this former career Air Force officer projects a stern
demeanor at first. But he is also approachable, pleasant and reasonable to
talk with even when he disagrees with you. He has a wry sense of humor. He's
fond of exaggerated pronunciation; he enunciates "may-ri-wanna." I think
he's doing a terrible thing in pursuing this case rather than dropping it,
but heaven help me, I like him.

It is not surprising to learn that defense attorney James Silva, with his
short, dark hair and intense demeanor, grew up in New York, where he
graduated from Pace University in Pleasantville. He got his law degree from
Pepperdine in December 1994, took the Bar in February 1995 and passed it the
first time. Since then he has had a solo practice in Venice and has handled
several medical marijuana cases.

He has represented Steve McWilliams in San Diego (whose criminal case is
scheduled in December), Andrea Nagy in Ventura County (whose civil case
closing her growing plot is on appeal) and has been a co-counsel for the
Oakland and San Francisco cannabis clubs.

Silva, who much prefers his BMW motorcycle to any car, is the earnest
explainer to the jury, pleading with them to understand how sincere Marvin
Chavez's efforts have been.

J. David Nick is the polite but persistent and unrelenting cross-examiner,
especially skilled at finding holes in the stories policemen tell on the
stand. Born in Miami, he has lived in San Francisco for 17 years and got his
law degree from the University of San Francisco in 1990. Since then he has
been a solo practitioner criminal defense attorney, with a special interest
in constitutional issues.

Nick handled his first case involving medical marijuana in 1992 and got
several acquittals on "medical necessity" grounds before Prop. 215 was
passed. He was one of the lawyers for "Brownie Mary," the 70-year-old woman
who used to bring marijuana-laced brownies to AIDS patients in San Francisco
hospitals and has an appeals case pending before the 9th Circuit on the
constitutionality of drug-sniffing dogs in schools.

Much of what happens in court is routine and boring, but there are usually
moments of drama or turning points. With this cast of characters and the
issues involved, this case has had and should have more of these than usual.

- ---
Checked-by: Don Beck