After being restricted to their homes for more than a week, the three men given conditional sentences in the Holy Smoke trial have been allowed a relative degree of freedom. After successfully appealing the prison sentences they were handed for selling marijuana out of The Holy Smoke Culture Shop in downtown Nelson, Alan Middlemiss, Paul Defelice and Kelsey Stratas were given conditional sentences and put on house arrest - but the BC Court of Appeal failed to set the conditions of their release. [continues 123 words]
THE LEGALIZATION FIGHT: Men unable to go outside homes until court decides on some less restrictive conditions The three men sentenced to house arrest in the Holy Smoke trial have been left literally unable to leave their homes by their sentence. "Right now, if there's a fire in the house, they can't leave," said Don Skogstad, lawyer for Alan Middlemiss, Paul DeFelice and Kelsey Stratas, who were handed six to nine-month conditional sentences late last month instead of time in jail for selling marijuana out of The Holy Smoke Culture Shop in downtown Nelson. [continues 398 words]
Pot Advocates Swear Off The Weed After House Arrest Sentences, Local Lawyer Says This Could Be The Trend In Future Cases The outcome of the sentence appeal for the Holy Smoke trio will play a role in future sentences, according to Don Skogstad, lawyer for the three. Alan Middlemiss, Paul Defelice and Kelsey Stratas were given conditional sentences of house arrest last Wednesday after a panel of three supreme court judges decided that sentences of eight to 12 months in a federal prison were too much. [continues 373 words]
The Holy Smoke saga has come to a close, as British Columbia's highest court has said Alan Middlemiss, Paul Defelice and Kelsey Stratas should not serve time in jail for selling marijuana out of the Holy Smoke Culture Shop in downtown Nelson. The three were sentenced to serve time in a federal prison after they were found guilty of marijuana trafficking in a highly-publicized 2008 BC Supreme Court trial - that resulted from an undercover investigation and subsequent raid on the Holy Smoke Culture Shop by the Nelson Police Department in 2006. [continues 588 words]
FEDERAL LAW AT THE LOCAL LEVEL: Last week's announcement in Ottawa that the Conservatives tightening up grow-op legislation not contrary to what local police have in mind The Nelson Police Department says its proposed new bylaw aimed at rooting out grow ops without criminal charges is not at odds with the federal government's new crime bill that would impose harsher penalties on marijuana growers. Last week the federal government reintroduced Bill S-10, which would impose a minimum six-month sentence on anyone convicted of growing as few as five marijuana plants. [continues 456 words]
Still Free: Convicted of Selling Pot, Prison Still Not in Immediate Future for Three Men Alan Middlemiss, Paul Defelice and Kelsey Stratas have had the judgment on the appeal of their prison sentences held over by the BC Court of Appeals. The Holy Smoke Culture Shop trio gathered with their friends and supporters in front of the Nelson Courthouse Wednesday morning to hug and say goodbye to their freedom as they prepared to turn themselves in for potential sentences of eight to 12 months in prison. [continues 401 words]
Alex Atamanenko says the new crime bill by the federal government that would impose mandatory minimum sentences on marijuana growers is ineffective and panders to the party's voter base. "The Conservatives are selling this bill on organized crime, but the reality that we're finding is. . . that mandatory minimum sentences do not deter organized crime. They usually affect small dealers, street level traffickers, but not violent offenders," the BC Southern Interior MP said. The bill was passed in Parliament in December 2009, but amended in the Senate by Liberal senators to remove the clause that would see people found guilty of growing six to 200 plants get a minimum of six months in jail [continues 254 words]
THE WEED CRUSADE: Local marijuana advocates take to the Heritage City streets on Sunday, spreading the word about legalization Nelson resident, Sarah Bergeron finds relief from her rheumatoid arthritis pain by using an herb. The only problem is that herb is illegal to grow, possess and sell. That's why she organized Nelson's first annual Marijuana March that saw about 50 local marijuana legalization activists parade down Baker Street and Vernon Street to City Hall on Sunday. Bergeron grew up around parents who smoked marijuana for relief from illness. [continues 500 words]
KOOTENAY CRIME: Local RCMP take helicopter used for cross-border drug runs out of local airspace; investigation continues into what is considered a unique case For the first time in B.C. law enforcement history, Nelson RCMP have seized a helicopter used regularly to transport drugs to and from the United States. The chopper was seized under the Provincial Civil Forfeiture Act from a remote corner of a large rural property south of Silverton in an early morning operation on January 23 by police officers from the Nelson Border Integrity Program (NBIP) and other RCMP detachments in the region. [continues 518 words]
Smuggling Saga: BC Drug Kingpin And Sam Brown Cohort Revealed By US Officials Yet another chapter in the drug smuggling saga of Sam Brown has unfolded on the pages of a major provincial newspaper. Late last week the Vancouver Province reported that admitted B.C. drug kingpin Colin Martin has a contract out on his life after leaked documents from an American court revealed he had agreed to be an informant on other drug lords in exchange for immunity. It was from Martin's compound near Sicamous last February that Nelsonite Sam Brown allegedly stole the Bell 206 helicopter that he flew across the Canada-U.S. border loaded with 200 kilos of pot - into the middle of a DEA sting operation. [continues 519 words]
Sicamous Man Who Supplied Sam Brown With His Helicopter Wanted Dead By Organized Crime Outfits Yet another chapter in the drug smuggling saga of Sam Brown has unfolded on the pages of a major provincial newspaper. Late last week the Vancouver Province reported that admitted B.C. drug kingpin Colin Martin has a contract out on his life after leaked documents from an American court revealed he had agreed to be an informant on other drug lords in exchange for immunity. [continues 563 words]
News Story of the Year: The tale of a young mountain biker captivated a nation and brought more international attention to the Nelson area One of the biggest stories of 2009 and perhaps one of the biggest international stories to come out of the West Kootenay in nearly a decade was the saga of the late Sam Lindsay Brown - a Nelson resident and beloved member of the local mountain bike community. In late February, Brown was arrested in a remote area of Colville National Forest by members of the U.S. Drug Enforcement Agency while unloading a helicopter full of marijuana. [continues 1252 words]
POT INDUSTRY: RCMP make impact on a major Kootenay industry they claim has ties to organized crime A busy summer of busting outdoor marijuana grow operations in the West Kootenay has yielded the RCMP a total of 14,130 marijuana plants. The plants were seized from a total of 88 sites throughout the region, mostly on crown land, and "conservative" estimates by the Kootenay Boundary Regional Detachment (KRBD) General Investigation Section indicate the plants would have yielded a total of 11,500 pounds of pot. [continues 342 words]
On his Farewell to Canada Tour, his cross-country speaking engagement, the Prince of Pot delivers the message of 'legalize it' to the faithful. Marc Emery sat down with NDN reporter Colin Payne on Tuesday and gave his final thoughts before heading south to serve time in a US prison. Politician and pot activist, Marc Emery made a stop in Nelson earlier this week on what will be his final speaking tour before heading to the United States to spend five years in federal prison for distributing marijuana seed south of the border through his Vancouver based business, Emery Direst Seeds. [continues 1505 words]
NELSON POLICE DEPARTMENT: Lengthy investigation results in arrests and police say they have already seen a difference on the streets of Nelson as a result After seven months of investigation, the Nelson Police Department has arrested and charged nine Nelson residents with drug trafficking offenses. The investigation focused mainly in public places, bars and pubs, The Holy Smoke Culture Shop, and "dial-a-dope" operations in which drugs are requested over the phone and then delivered. The NPD used investigational methods such as wiretaps, cell phone cloning, surveillance, under-cover operators, source agent development and search warrants. [continues 349 words]
THE DRUG TRADE: Ability for courts to take away property makes it to Supreme Court; Nelson defence lawyer says ruling was a good one. The RCMP in the West Kootenay have had a tool removed from their war chest in the battle against marijuana grow ops in the region after a recent supreme court decision on the seizure of property. Last summer, area RCMP announced plans to use criminal forfeiture laws to seize houses used to grow marijuana as a means of deterring people from participating in the activity. [continues 484 words]
The Case Of Sam Lindsay-Brown: Father of former Nelson resident who killed himself after being busted for flying chopper full of pot into the U.S. says his son was a spirited risk taker. In what would be his last words to anyone before his suicide, Sam Lindsay-Brown said he did it all for the adventure. The 24-year-old former Nelson resident and much-beloved member of the local mountain biking community got busted by the U.S. Drug Enforcement Agency in a sting after flying a chopper allegedly loaded with about 200 kilograms of marijuana from Sicamous across the border in the dark of night, fog and pelting rain three weeks ago. [continues 1088 words]
Sergeant Joe Peterson of the Spokane Police Major Crimes Unit said it's pretty much certain that Sam Lindsay-Brown took his own life. Theories have been circulating that Lindsay-Brown may have been murdered in a hit by someone inside the prison. But Peterson, who was charged with investigating the death, said all evidence shows the young Revelstoke resident committed suicide. "The doors were all timed and locked," Peterson said. "Around 1 o'clock in the afternoon a trustee walked by his cell. He was in there all by himself. Nobody was in or around (it). [continues 227 words]
Tragic End: Lindsay-Brown Had Stolen Helicopter To Smuggle Marijuana Over Canada - U.S. Border A man with Nelson roots took his own life in a Spokane jail last week after being busted transporting 150 kilograms of marijuana across the Canada-U.S. border in a helicopter. Samuel Lindsay-Brown was born in New Zealand and moved to the Nelson area as a teenager. He lived in Kaslo for much of that time and graduated from LV Rogers Secondary School. On Feb. 23, the 24 year-old Revelstoke resident was caught in a sting operation by the United States Drug Enforcement Agency when he touched down late at night in a Bell 206 helicopter at a remote location in Colville National Forest. [continues 425 words]
The ongoing saga of the Holy Smoke Four continued this week, as the sentencing of co-accused Alan Middlemiss and Kelsey Stratas was held over until early in the new year. Middlemiss and Stratas, two of the four men convicted in September of trafficking marijuana from The Holy Smoke shop on Baker Street, were scheduled to be sentenced to jail time yesterday. But Don Skogstad, lawyer for the men, said he requested to have the sentencing held over to keep the two men from doing excess time in prison before they're released to await an appeal. [continues 268 words]
HOLY SMOKE: Pot advocate who was sent to prison last month after lengthy trial currently free and says 'political nature of his sentence' now more clear After being sentenced to one year in prison on October 14, Holy Smoke Culture Shop co-owner Paul DeFelice has been released from Kamloops Regional Correction Centre since October 22, pending an appeal on his conviction. Don Skogstad, lawyer for DeFelice said his release wasn't opposed by the federal crown and he was released with few conditions until his appeal is heard sometime early next year - at which time he'll go back to prison while he awaits the outcome of his appeal case. [continues 420 words]
DeFelice Gets One Year In Jail It was standing room only in the Nelson Provincial Courtroom on Tuesday as the sentencing for two of the "Holy Smoke Four" was brought down. Judge Don Sperry sentenced Holy Smoke co-owner, Paul DeFelice to one year in a provincial correctional facility - the maximum penalty allowed for the charges of trafficking marijuana. Sales associate, Akka Annis was sentenced to 40 days in jail, to be served on weekends in the Nelson Police Department lockup. [continues 419 words]
Holy Smoke Trial: Nelson Pot Shop Four Found Guilty; Crown Says Sentencing Will Be a Precedent A guilty verdict came down last Friday in Nelson Provincial Court for the four men charged with marijuana trafficking out of Nelson's Holy Smoke Culture Shop. After the guilty verdict, three of the four men could be looking at spending nine months to a year in jail when they head back to court for sentencing in two weeks time. Holy Smoke co-owners, Alan Middlemiss and Paul DeFelice and sales associates Kelsey Stratas and Akka Annis were each charged with two counts of trafficking cannabis after the Nelson Police Department raided the store on July 15, 2006 and said they found a pound and a half of marijuana and between $8,000 and $9,000 in cash. [continues 246 words]
Paul DeFelice, one of the co-owners recently convicted on two counts of marijuana trafficking in the Holy Smoke trial said he isn't pleased with the sentence requested by the Crown prosecution. "It's disappointing for sure," DeFelice said. "They're going to treat us like any common street dealer." When he heard the Crown's submission for sentencing, he said he was surprised. "He got it all backwards," DeFelice said, noting the prosecution didn't acknowledge their intent to protect the welfare of kids. "We went way out of our way to offer them harm reduction," he pointed out. "We were there to take responsibility with the police and with the customers." [continues 218 words]
Legalization Fight: Judge shoots down defence arguments in case involving downtown Nelson business; prosecutor says no remorse from four men should lead to a harsh sentence A guilty verdict came down Friday in Nelson Provincial Court for the four men charged with marijuana trafficking out of the Holy Smoke Culture Shop on Baker Street in Nelson. After the guilty verdict, three of the four men could be looking at spending nine months to a year in jail when they head back to court for sentencing in two weeks time. [continues 960 words]
Participants Alex Atamanenko, Incumbent NDP MP Brenda Jagpal, Liberal Party candidate Andy Morel, Green Party candidate Rob Zandee, Conservative candidate Voter Question: Have you ever smoked marijuana and would you support the legalization or decriminalization of marijuana? Zandee: No I haven't and quite frankly, I don't know enough about it to know if I support the legalization of it or not, I know there's a lot of issues surrounding, if we legalize it there's going got be some serious issues going across the border...I would think that's one of the largest influences if we're going to look at that." [continues 189 words]
MARIJUANA: Local Lawyer Says Recent Busts Nothing Unusual, But Way RCMP Get Message Out Is An Attempt At Creating Another Deterrent Nelson lawyer, Don Skogstad handles a lot of criminal cases involving marijuana growing operations and says recent police reports of seizing houses and organized crime connections in relation (to) marijuana cultivation are simply part of a media spin campaign by the RCMP. In several recent marijuana grow busts, police have issued charges that could allow the federal government to seize property from the owners. [continues 495 words]
MARIJUANA: RCMP place restraining orders on pair of Salmo houses police say were used for growing pot. Salmo RCMP have placed criminal restraint orders on two houses in the Salmo area that were found to contain marijuana grow operations. One of these properties is located on Wildhorse Creek Road in Ymir and the other south of Salmo Village on Liness Road. The owners of the houses are facing criminal charges and the issuing of the restraint orders means the houses cannot be altered or sold before criminal trials take place. [continues 460 words]
Since March, 2007, the Golden and Area Drug and Alcohol Task Force has been working to educate Golden residents about the perils of drug and alcohol abuse. According to task force co-ordinator, Nikki Kaiser, and the results of a drug and alcohol survey of the East Kootenays, the message has been getting through. Kaiser notes the recent survey of high school students in the East Kootenays conducted by Dean Nicholson showed that drug and alcohol use amongst teens in the region has decreased since 2005. [continues 610 words]
