Olson Trial Notes
March 10, Port Orchard -- The biggest news from the medical marijuana persecution that is Kitsap County v. Bruce Olson was the court's ruling that the definition of "usable marijuana" would be as the Washington State Department of Health defined that term in Chapter 246-75 of the Washington Administrative Code. This definition states that the dried leaves and flowers of the cannabis plant constitute "usable marijuana." The prosecution had filed a (specious) motion to replace the existing definition of that term with the definition of "marijuana" in 69.50.101, which includes everything save "mature stalks."
The next biggest news -- which was bigger with the water content, and with the stalks, and maybe with the root balls -- was the marijuana! The marijuana came to court! We saw the marijuana! It was in a BIG box, about 2x2x3, all taped in EVIDENCE EVIDENCE EVIDENCE tape. The evidence guy cut the tape, opened the box, and inside the box was ... about two inches high of decomposed leaf material and large stems.
Oh my god, this is the marijuana? Wait. This is the marijuana? Holy crap. This is anticlimatic. I mean, when I heard 19 pounds of marijuana from 48 plants with NO FLOWERS, I thought, "(19*16)/48=6.33 ounces per plant." That math doesn't make sense in the world of marijuana plants.
But then I saw the marijuana. And then, color pictures of the marijuana came to court! They showed the marijuana plants pulled out, with the root balls and all. Then they showed the marijuana plants with the root balls cut off. Then the marijuana with the stalks cut off. Then Kitsap detectives trimmed all the "usable marijuana," which was the leaves and stems of non-flowering plants, and they took photos of that marijuana in a large box. The very same box of marijuana that came to court today! And in the photo it looked like the box was three quarters full of marijuana leaves and stems, and it didn't look compressed at all -- the pack was light and fluffy.
So wait? This whole thing is about this box of marijuana? Are you fucking kidding me? Two years of this? You convicted Pam Olson over this? I'm sitting in court all day with five to ten people BEING PAID BY KITSAP COUNTY -- the judge, the clerk, the typing person, the prosecutor, the law clerk, occasionally 1-3 additional people from the prosecutors office watching, the detective, the evidence guy, the 1-2 public defenders assigned to the threatened witnesses -- and THIS is the marijuana? Um, I'm not gonna get on a righteous WTF rant, I'll just ask, did Kitsap prosecutors think they could convince a jury to convict legitimate medical marijuana patients (this is not in dispute) for a half pound of marijuana leaves and stems? Not only that, did they think they could do it with only the word of a questionable confidential informant paid by the WestNET federal drug task force? Eek!
So ya, the marijuana came to court. And then it left. The CDC got a court-approved up-close look, as the defense unexpectedly called Ben out for consultation in viewing the marijuana, as he didn't know what he was looking at, and his expert witness wasn't in court until tomorrow. "Who, me?" he said with a deer-like stare.
The expert witness was debated today. The court ultimately ruled that Paul Stanford, director of the THCF medical marijuana clinic, could testify as an expert about marijuana cultivation. Mr. Stanford may not testify about marijuana as it relates to medical ailments, as he is not a doctor nor degreed, and he may not testify about the chemistry of marijuana, as he is no scientist.
The cantankerous tone continued somewhat today. After a recess to ask questions of the county official who tested the marijuana, and who also brought the marijuana to court -- did I mention how exciting that was? -- which came shortly after we came back from the recess to view the marijuana, the judge spent fifteen minutes lecturing the attorneys. She brought in a plaque from her wall with some tenants of lawyerly conduct -- a task she'd never before undertaken -- and read through them completely, chastised the lawyers some, then read through them again. Then she put both lawyers on notice that she was ready and willing to issue contempt orders should they not make nice at trial. The fine is $500, she told them -- and said there are other potential penalties that the lawyers well know.
All that before lunch. Now it's back to court to start jury selection. Please consider coming out to Port Orchard, Washington, which is 30 miles from Tacoma out Highway 16. The prosecution starts it's case tomorrow, Wednesday, March 11 at 1:30 p.m.
* What: Kitsap County v. Bruce Olson: Prosecution's Case
* When: Wednesday, March 11, 1:30 p.m. through Thurs.
* Where: Kitsap County Courthouse, 614 Division St. in Port Orchard
* Map: http://maps.google.com/maps?q=614+Division+St+98366
Lodging available. If you'd like a place to stay overnight Wednesday night, please email info@cdc.coop.
