Pubdate: Sat, 23 Oct 1999 Source: Sacramento Bee (CA) Copyright: 1999 The Sacramento Bee Contact: P.O.Box 15779, Sacramento, CA 95852 Feedback: http://www.sacbee.com/about_us/sacbeemail.html Website: http://www.sacbee.com/ Forum: http://www.sacbee.com/voices/voices_forum.html Related: http://www.mapinc.org/drugnews/v99.n699.a04.html Click on MAP's shortcut to medical cannabis news items: http://www.mapinc.org/medmj.htm MEDICAL POT CASE HAS NEW CHARGES Retrial Is Set For March 21 A Placer County judge set a new date Friday for the retrial of a Rocklin dentist and his wife in a controversial case involving the growing of marijuana for medical use. Superior Court Judge James L. Roeder rescheduled the second trial of Michael Baldwin, 36, and his wife, Georgia, 35, for March 21. The jury deadlocked in May during the Baldwins' first trial on charges of possession of marijuana for sale. Prosecutors charged the couple with possession-for-sale based on the number of marijuana plants being grown -- 146 -- and the discovery of a digital gram scale and empty boxes of baggies in the Baldwins' residence. The Baldwins have contended they used the marijuana for medicinal reasons and had written recommendations from a physician. They deny selling the plants. Their case is being followed closely throughout the state because of its implications for Proposition 215, the Compassionate Use Act approved by voters in 1996. The Baldwins' retrial, originally scheduled for Nov. 9, will feature amended charges against the couple. The District Attorney's Office added a charge of misdemeanor possession of more than one ounce of marijuana against each of the Baldwins. The new charges left the Baldwins' defense lawyers unhappy. "They know they won't get a conviction on the possession-for-sale charge," said Tony Serra, who represents Georgia Baldwin. "They're thinking maybe they'll get a conviction on this lesser charge." "They wanted this simple possession charge as a fallback," said J. David Nick, Michael Baldwin's attorney. Cliff Gessner, supervising deputy district attorney, said the amended charge is being sought because prosecutors don't feel the amount of marijuana in the Baldwins' home was reasonable. During the first trial, the prosecution produced no evidence that the couple actually sold or attempted to sell their crop. The jury split 6-6 on whether Michael Baldwin intended to sell any of the marijuana, and it was deadlocked at 7-5 in favor of acquitting his wife on the same charge. After the trial, David Brownstein, the jury foreman, said, "We couldn't get into someone's mind to prove the intent to sell." Brownstein said jury members favoring conviction felt the Baldwins had grown much more marijuana than they could use for their ailments -- Michael's migraine headaches and back pain and Georgia's migraines and endometriosis. On Friday, Gessner was unsuccessful in convincing Judge Roeder to revisit issues that had caused the judge in the first trial, James D. Garbolino, to acquit the Baldwins on charges of cultivation of marijuana for sale. - --- MAP posted-by: Richard Lake