Case tracking

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For archived cases, see Case tracking archived.

Info we want: name, phone number, email, case number, next court date, basics of what happened. Don't list phone number or email here without permission.

Contents

King Co. v. Bryan Gabriel

  • Case Number: 10-1-00420-0
  • Court: King Co Superior Ct

516 3rd Avenue Seattle, WA 98104

The King County Courthouse is located between 3rd and 4th Avenues and Jefferson and James streets in the Pioneer Square District of downtown Seattle. Entrances to the courthouse are on 3rd and 4th Avenues

You can read excellent reporting on the case by Lee Rosenthal here: http://horsesass.org/?s=bryan+gabriel

Bryan Gabriel is the designated provider and patient who the court ordered the medicine to be returned to and client of Kurt Boehl's. Jeffery Roetter is the deceased and was the patient of Bryans. Kurts office # 206-728-0200 for press contact. (docket shows order to return property) search here: http://dw.courts.wa.gov/

Just got off the phone with Kurt Boehl and am in shock. Last Wednesday, I witnessed a hearing at King County Superior Court at which he argued that Snoqualmie PD should return his client's medicine as ordered by the court. Prosecutor said new evidence available, might re-file, so should keep the medicine. Judge said re-file by Monday or give it back. Not re-filed. Kurt and the patient are going to Snoqualmie PD to pick it up around noon today. Friday, Snoqualmie Police picked up the patient for whom Kurt's client gives care and interrogated him for eight hours. They told him they would re-arrest him if he doesn't make a statement. He is epileptic, and his seizures are triggered by stress. Friday evening, he had an epileptic seizure, hit his head, and died.

Kurt says the family of the patient wants to get the story out.

Auburn (city) v. Randy Harris

  • Case Number: C93987
  • Case Number: C93988
  • Court: Auburn Municipal: 340 East Main Street, Auburn WA, 98002 (map), 253-931-3076
  • Thursday, November 12, 2009

Authorized patient (THCF, Dunshee) stopped by Auburn Police for driving without seat belt. Charged with possession of marijuana (less than one gram found), possession of paraphernalia, driving without seat belt, driving without proof of insurance.

Cowlitz v. Linda Fournier

Case: 09-1-00543-2

Has neurological problems stemming from a vehicular accident in the 80s. Has condition where increased stress can cause her to stop talking or sometimes pass out. Fled a domestic violence situation, took boyfriends truck, was mailing something, got stressed, pulled over, and got stopped by police. Ended up arresting her, taking her to hospital, never charging her. New prosecutor hired, charges her with marijuana and gun enhancement in 2009.

Douglas v. Hubert Mangum

  • Case #09-1-00118-2
  • Douglas County Courthouse, 213 South Rainier, Waterville, WA 98858

Raided July 1. He and wife have permits, wife has Hep C, he has polycystic kidney and liver. They had 48 plants between them. Another person, who is also being charged, was growing medical marijuana on the property as well. Wife had rifles in gun safe. Detectives said someone turned him in, and that they'd been watching him for a month. Douglas County Sheriff's office took his 2001 Dodge Diesel, wife's 2002 Honda, daughter's 1997 Nissan, skidster loader with attachments, dump trailer, air compressor and over 20 rifles. Hubert thinks Sheriff Harvey Gjesdal wanted his skidster loader for his farm. News reports made him out as a horrible drug dealer.

Grant v. David Hagar

Grant County Courthouse in Ephrata. Growing for his mom, had 27 plants total, including 10 without roots, and 3 dead.

In May or June, Grant Co Sheriff's came back and raided him again. This time his mother was present and they took all four plants, and her medical marijuana authorization.

Original case #09-1-00104-1. Second bust case #09-1-00299-4.

Grays Harbor v. James Barber

  • Case number: 2008129
  • Grays Harbor District Court #1 (map)
  • Jury confirmation: Friday, October 30, 2009, 2:00 p.m., 102 W Broadway Ave, Montessano, WA, Rm 202A
  • Trial: Friday, February 19, 2010, 9:00 a.m., "in the admin. building in Montesano in the commissioners meeting room"

Patient stopped by Washington State Patrol November 29, 2007. Trooper took 35 grams from him but reported 9.59. Has 2004 recommendation with no expiration date, and 2006 recommendation with 2007 expiration. Dr. Orvald's patient.

Mail from James sent via contact form: http://mail.google.com/a/cdc.coop/#inbox/1243cc14a814e6fa

Update: 2010-02-09: James reports that the judge has denied his Affirmative Defense to criminal charges and also his Defense in general. https://mail.google.com/a/cdc.coop/#inbox/126b1a3a2c5c93c3

Update: 2010-02-19: James, not allowed to present his medical marijuana defence, was found guilty of possession of less than 40 grams of marijuana, sentenced to 90 days jail, 89 of which are suspended and converted to 40 hrs community service, $656 in fines, 2 years probation. He plans to appeal.

Grays Harbor v. Ricky Troxell

  • Case number: 09-1-00141-6
  • Grays Harbor Superior Court
  • pre-trial hearing: Monday, March 29, 2010
  • trial: Tuesday, April 13, 2010

Island v. Greenhalgh

Craigslist ad trolling by U.S. Navy NCIS led to July, 2009, purchase of 3.5g from undercover NCIS officer off-base. Approximately 20 officers arrived with guns drawn. Was taken to NCIS office by Oak Harbor police. After questioning, was told by police that they'd be unlikely to pursue, and that if they did, he'd probably get off. Three days later, received call: "we've referred to district attorney". He called repeatedly during following months, was told they knew nothing about the case. Then on 88th day, received notice of arraignment.

Disabled veteran, works for American Red Cross. Was not an authorized patient at the time. Never arrested previously.

NORML referred him to us.

King v. Irene Lopez

  • Case Number: 280216045
  • Court: King county dist.

Irene June Lopez DOB 6/12/56 arrested Dec 1st in White Center with 1/2 gram Marijuana. Had warrant for DWLS (which she wasn't aware of). Ticketed for violating RCW 69.50.4014 court date Thursday Jan 7th 2010 at 2:30pm room #BU3?

Kittitas v. Robert Freeman

  • Court: Kittitas Superior
  • Case number: CC2010006DFW
  • Arraignment: ???
  • Pre-trial hearing: Thursday, April 1, 2010, at 8:30 a.m.
  • Trial: Friday, April 23, 2010, at ???
  • Attorney: Eileen Murphy (public defender)

Mr. Freeman, a disabled 64-year-old Vietnam-era veteran, former Washington State University faculty member, and licensed clinical psychologist, has been an authorized medical marijuana patient for six years (Dr. Elizabeth Wise of Cle Elum, WA). He and a relative, also an authorized patient, were arrested on Monday, December 14, 2009, when WA Fish & Wildlife officer Mike Hobbs discovered them in possession of about 3.5 grams of medicine in the parking lot of a public fishing pond near Ellensburg, WA. Under advisement from Washington State Patrol, Mr. Hobbs, seemingly disinterested in their status as legal medical marijuana patients, confiscated their medicine and their paperwork and turned it over to the county prosecutor. Mr. Freeman has been charged with three misdemeanors (possession, possession of a pipe, and "illegal display of medical marijuana") and is being threatened with jail time and fines.

media reports: http://www.kimatv.com/news/88487282.html "Medical Marijuana User Faces Drug Charges", KIMA-TV, March 18, 2010

Kitsap v. Lloyd Stillson

  • Court: Kitsap District
  • Case Number: 16013303
  • Tuesday, October 20, 2009, 9:00 a.m., Port Orchard Ct. room 203

Filed March 25, 2009. Lloyd Stillson is caregiver to Christine Wood, a patient whose paraphernalia and a small amount of medicine confiscated. Prosecutors declined to press charges against Ms. Wood, and police refuse to return her stuff. Prosecutors filed charges against her caregiver, Mr. Stillson, for the paraphernalia and medicine.

Ms. Wood reports that Mr. Stillson was late for his hearing on September 21, so the prosecutor has also charged him with bail jumping.

Mason v. John Reed and Karen Mower

Raided January 14, 2008. Police claimed it was an anonymous call-in tip. John and his wife both have medical marijuana authorizations. Police took thirty-some blooming plants, and 30 ounces of dried medicine. Sheriffs office then issued press release noting that they had arrested pot growers who had valid medical marijuana authorizations because, in their view, the patients had too much marijuana.

Public defender is Jeannette Booth. Doug Hiatt is helping on the case. Prosecutor might be rethinking himself -- wife is very sick, threw up in court.

Karen's trial has been set for March 2, 2010, room number not yet available

John's trial: Jury selection March 24, day 2 March 25, day 3 March 31

Okanogan v. Mike Semi

  • Tuesday, October 27, 2009
  • clarify spelling of name or obtain case#

Authorized patient stopped by police for driving with tail light out. 1g and two pipes found in car. Patient charged with paraphernalia posession, passenger (non-patient) charged with posession of <40g. After citation was issued, showed officer his patient card.

Orting (city) v. Michael Shane Howard

  • Case Number: C00004333
  • Court: Orting Municipal

Pulled over 4 times(Pulled over Oct 15th or 16th and arrested for Possession, was taken to Kent jail. Then rearrested on Tuesday Dec 15th. Third time was on a suspended licence and possibly for possession?), bail at 50,000 to 56,000? Pulled over prior to September_cop said "oh your the pot guy" and "you cant drive with it". Went to Buckley jail, and Kent jail. Attorney is Michael Aston Stewart Info called in by Brittany(friend of victim)

Pierce v. Pino

  • Case #09-2-871262
  • Pierce County Superior Courthouse 930 Tacoma Ave S, Rm 334

Provider raided Oct 14th, 2009 by Lakewood Police and Pierce County Sheriff. No arrests were made, police confiscated a hand gun 2 non-budding plants, 6 plant starts and 2.5oz of medicine. Authorizations are in order. No report has been filed yet with the courts.

Snohomish v. Danny Dao

  • Case number: 10-1-00341-4
  • Court: Snohomish County Superior Court, 3000 Rockefeller Ave, Everett, WA 98201 (map)
  • Arraignment: Monday, March 15, 2010 (Judge George Appel)
  • Trial: Friday, May 7, 2010

Detectives with the South Snohomish County Narcotics Task Force in November, 2009, received a tip about a grow operation at Dao’s house. Thermal imaging of the house led them to believe there was a marijuana garden inside. Investigators stopped Dao as he was driving away from his house. They found 5 pounds of marijuana in the trunk of his car and two loaded guns under the driver’s seat. Detectives said that Dao told them he was driving to Seattle to give pot to some friends. Investigators searched Dao’s home and located 48 mature plants and 83 starter plants. The amount of marijuana and his statement that he was going to give marijuana to friends belied the medical marijuana documentation, Snohomish County deputy prosecutor Adam Cornell says.

media reports

Snohomish v. Daniel Dean

  • Case number: 09-1-01664-4
  • Court: Snohomish County Superior Court, 3000 Rockefeller Ave, Everett, WA 98201 (map)
  • Arraignment: Monday, October 19, 2009 at 3:00 p.m.
  • Initial Arraignment Omnibus Hearing 12-11-2009
  • Omnibus hearing: Friday, March 5, 2010
  • Law Office of Kurt E. Boehl, PLLC, 206-728-0200
  • Prosecutor: Matthew D. Baldock

Mr. Dean is a caregiver and provider for his wife Jackie Dean who has been diagnosed with MS, and six other medical cannabis patients. He has a small co-op grow in a house that he and his wife own and rent to tenants. In March, 2009, a neighbor allegedly smelled a "skunky" odor and contacted police about it. Police went onto the driveway that Mr. Dean shares with his neighbor and also detected a "skunky" odor. The police proceeded to obtain PUD records and obtained a search warrant. They found roughly 75 mature plants and approximately 300 starter or seedlings (approx. 1-2 inches). No scales were found, no indication of intent to distribute was found, documentation was posted on the wall. The Snohomish Regional Drug Task Force arrested the two occupants of the house (renters) and began forfeiture proceeding to seize the Dean's house. On September 22, 2009, criminal charges were filed against the two renters and Mr. and Mrs. Dean.

Update 2010-03-04: All charges against Mrs. Dean and some against Mr. Dean are likely to be dropped. Forfeiture proceedings continue, hearing date TBA. Prosecution claims 408 plants were found, but has not provided photographs supporting this claim.

Snohomish v. Cammie McKenzie

  • Case Number: 09-1-00382-8
  • Court: Snohomish Superior
  • Court date: Tuesday, February 15, 2010 at 9:30 a.m.
    • jury selection starts at 9:30, trial likely starts at 1pm
  • Trial concluded at 3:30 on February 18, 2010, and the jury reached a verdict of "not guilty" shortly after 5:00 p.m.

Cammie was on vacation when her housemate Paul Bowen was arrested for selling marijuana to James Brown, a confidential informant for the police and former housemate of Mrs. Mckenzie. James Brown had been arrested on several occasions for marijuana related crimes, and agreed to act as an informant against Mrs. Mckenzie (who he knew to have a medical marijuana garden) to avoid prosecution.

Mr. Brown was never able to obtain evidence for the police that Mrs. Mckenzie was involved in marijuana sales or illegal activity, however he did manage to purchase marijuana from Paul Bowen on a few occasions, and therefore the police obtained a warrant for Paul's arrest.

The home where Mrs. Mckenzie and Mr. Bowen were living was raided by Eastside Narcotics Task Force in March of 2008, at which time Mrs. Mckenzie was out of state. Both Mrs. Mckenzie and Mr. Bowen were legal medical patients, with valid authorizations posted in accordance with the law in their medical garden. The police, apparently disregarding indications that this was lawful behavior, seized a total of 67 plants, of which 17 were un-rooted clones, 30 were in veg, and 20 were in bloom. They destroyed growing equipment, trashed the home, and disregarded details of the warrant, leaving a majority of the "in-use" hydroponics equipment behind, as well as pipes, bongs, marijuana, and hash. Instead they took the brand new hydro equipment that Mrs. Mckenzie had in the downstairs area of the home, which she was using for the hydroponics business she began with her wife earlier that year.

Mr Bowen admitted to selling marijuana and other illegal activities, but told the police that Mrs. Mckenzie was the person behind it all. The police decided to offer Mr. Bowen a deal as a confidential informant, if he agreed to testify against Mrs. Mckenzie. In his testimony Mr. Bowen fails to implicate Mrs. Mckenzie of any illegal activity, and instead cites her business of building hydroponic gardens for medical marijuana patients as evidence of unlawful activity. The state filed charges against Mrs. Mckenzie for manufacturing of marijuana, even though they have already verified that Mrs. Mckenzie is a legal medical patient in Washington State.

Stevens v. Jody Kris Gambrell

  • Case Number: 09-1-00209-1
  • Court: Stevens County Superior

Raided 9/10/09 with out a search warrant Claimed 135 plants(72 un-rooted clones, 12 or so in flower, 45 or so in veg). Had authorization but it expired and hadn't gotten new one yet but did have a total of 8 recommendations.(never asked for other auths??). Other people growing/manufacture charge. "Didn't charge until after I asked for my stuff back". No prior's.

Stevens v. Sabrina Cooper

  • Case Number: 09-1-00213-9
  • Court: Stevens County Superior

Attorney is Bob Simone. Designated provider being disallowed the affirmative defense.

Stevens v. Tom Blake

  • Case number: 09-1-00047-1
  • Court: Stevens County, 215 South Oak, Room 213 - Colville, WA 99114

Doug informed us of this case in Colville. Russel Thomas Blake.

Whatcom v. Emmons

  • Case number: 10-1-00365-0
  • Court: Whatcom County Superior
  • Prosecutor: David A. Graham
  • Defense attorney: Aaron Pelley
  • Authorizing doctor: Russel Glynn (CBR Medical)

Authorized patient arrested and charged with posession of more than 40g. Was well within legal limit.

Next court date TBA as of 2010-04-05.

Yakima v. Valtino Hicks

  • Case number: 10-1-00319-9 (from DOC site; as of 2001-03-09, can't locate this on WA Courts search page)
  • Court: Yakima Superior Court, 128 North 2nd Street, Yakima, WA 98901-2639, 509-574-2690 (map)
  • Attorney: Patrick A. True, 3310 Main St., Yakima, WA, 509-469-3692
  • Preliminary court appearance: Tuesday, March 2, 2010, at 1:30 p.m.
  • Arraignment: Tuesday, March 16, 2010, at 1:30 p.m.
  • Yakima County D.O.C. booking number: 2010-03221

Valtino Maurice Hicks, an authorized patient (Sentry Medical), was away from home on March 1, 2010, when two police officers arrived there without warrant. His mother, also a patient, consented to their entry. She informed them that she was an authorized patient. A search warrant was issued about 90 minutes later. Mr. Hicks arrived home during the raid and was barred from entry by the police. He managed to enter from the back, and was arrested for obstruction. 200 plants were seized from the home, where multiple patients and caregivers grew medicine. Mr. Hicks was charged with manufacturing and distribution.

Update: 2010-02-02: "court has decided to hold him in custody for another two weeks"

Update: 2010-02-09: Val is still in Yakima County jail (YCDOC-MJ 5 Annex C, inmate ID R78727). His second arraignment is scheduled for March 16, 2010, at 1:30 p.m. One week after his first arraignment, he finally has an attorney, Patrick True. Bail is presently set at $50,000. Friends have visited him at least twice and report that his spirits are high but diminishing. The Yakima County DOC inmate information appears to indicate that he's been charged with two counts of manufacturing a controlled substance with intent to deliver (RCW 69.50.401). There's also a mention of tampering with physical evidence (RCW 9A.72.150) with status of "not filed".

Update: 2010-02-10: Val's attorney, Pat True, reports that in Yakima County Superior Court, people make a preliminary court appearance the next court day after arrest, then are arraigned about two weeks later. He thinks the $50,000 bail seems unusually high.

in the media:

http://www.yakima-herald.com/stories/2010/03/15/arrests-spark-medical-marijuana-debate-in-yakima

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