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Cass County Vanderbutts Trial

phaquetoo

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phaquetoo Advanced Member

phaquetoo

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This is in the minorml emails that i recieve, thought I would share,,yes copied and paisted, the writer gets credit at the bottom.

 

 

CASSOPOLIS — How much marijuana is too much marijuana for a Michigan medical-marijuana card holder treating a debilitating illness? A Cass County Circuit Court jury may decide that issue in a case unfolding this week On Tuesday, testimony began in the trial of Sylvester Vanderbutts, a Howard Township resident accused of possession with intent to deliver marijuana, manufacturing marijuana, possession of marijuana and maintaining a drug house. Most are four-year felonies. The case is scheduled to conclude today.It was revealed in court on Tuesday that police raided Vanderbutts' home on Sept. 14, 2009, locating 47 marijuana plants and several bags of processed marijuana that, according to Detective Michael Pauly of the Southwestern Enforcement Team, appeared to be packaged for delivery. Although it would appear those 47 plants would be 35 too many for medical-marijuana card holders like Vanderbutts, based on wording in the law that limits individual growers to 12 plants, Vanderbutts' attorney argued that's not necessarily true. Other language in the act, stated Detroit attorney Matthew Abel with the jury out of the courtroom, permits individual growers to have as many plants as reasonably needed "to ensure ... uninterrupted availability'' to treat their illnesses. He indicated that's the defense he plans for his client, who wrote in an e-mail sent to The Tribune by Howard Hall of DowagiacInformer.com, that he uses medical marijuana to treat pain and nausea arising from a variety of illnesses, including Stage 4 lymphoma cancer. In the courtroom foyer, Vanderbutts, who's expected to take the stand today, strongly denied providing marijuana to anyone other than himself. They got to me before I could put it (packaged marijuana) in the freezer ... After I take the stand, they'll acquit me in five minutes,'' he said. Assistant Cass County Prosecutor Diab Rizk spent most the afternoon Tuesday introducing into evidence the marijuana plants discovered at Vanderbutts' home. Pauly testified that besides the plants, he found several quarter-pound packages of processed marijuana throughout the residence. The amount would seem to far exceed the 2.5 ounces of user marijuana allowed under the act. Also, Pauly said none of the plants were under lock and key as required. But outside the courtroom, Wayne Koper, a Caro, Mich., resident and one of nearly a dozen supporters of Vanderbutts, said an argument could be made that a locked residence would qualify as a secured location. A medical-card holder like Vanderbutts, he said he doesn't consider 47 plants too many for an individual's prolonged use. Not to me,'' he said. The case before Judge Michael Dodge is believed to be the first medical-marijuana case brought to trial in the county. Dodge mentioned that the trial breaks new ground as there's no case law to research.

Staff writer Lou Mumford:

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Guest Wayne

Guest Wayne

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Wish everyone could of been their, not only in support of Bud, but to see just how badly narcotics teams operate. Matt did a great job of discrediting the narcs who testified yesterday. Best of all? One narcotics officer clearly identified Matt Abel as the defendant in the case. Testifying hundreds of times yet unable to not only identify the defendant by recall, but also unable to simply remember where the defendant sits at the table. Obviously coached and the coach screwed up big time. PRICELESS!!

Just love watching Matt, he's the finest!

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phaquetoo Advanced Member

phaquetoo

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Wish everyone could of been their, not only in support of Bud, but to see just how badly narcotics teams operate. Matt did a great job of discrediting the narcs who testified yesterday. Best of all? One narcotics officer clearly identified Matt Abel as the defendant in the case. Testifying hundreds of times yet unable to not only identify the defendant by recall, but also unable to simply remember where the defendant sits at the table. Obviously coached and the coach screwed up big time. PRICELESS!!

Just love watching Matt, he's the finest!

 

 

all my court appt attny had to do was mention matts name to the prosecutor up here and my case was dropped, yes he is good, best of all he does return your calls, even on freebie stuff!

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bobandtorey Advanced Member

bobandtorey

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This is in the minorml emails that i recieve, thought I would share,,yes copied and paisted, the writer gets credit at the bottom.

 

 

CASSOPOLIS — How much marijuana is too much marijuana for a Michigan medical-marijuana card holder treating a debilitating illness? A Cass County Circuit Court jury may decide that issue in a case unfolding this week On Tuesday, testimony began in the trial of Sylvester Vanderbutts, a Howard Township resident accused of possession with intent to deliver marijuana, manufacturing marijuana, possession of marijuana and maintaining a drug house. Most are four-year felonies. The case is scheduled to conclude today.It was revealed in court on Tuesday that police raided Vanderbutts' home on Sept. 14, 2009, locating 47 marijuana plants and several bags of processed marijuana that, according to Detective Michael Pauly of the Southwestern Enforcement Team, appeared to be packaged for delivery. Although it would appear those 47 plants would be 35 too many for medical-marijuana card holders like Vanderbutts, based on wording in the law that limits individual growers to 12 plants, Vanderbutts' attorney argued that's not necessarily true. Other language in the act, stated Detroit attorney Matthew Abel with the jury out of the courtroom, permits individual growers to have as many plants as reasonably needed "to ensure ... uninterrupted availability'' to treat their illnesses. He indicated that's the defense he plans for his client, who wrote in an e-mail sent to The Tribune by Howard Hall of DowagiacInformer.com, that he uses medical marijuana to treat pain and nausea arising from a variety of illnesses, including Stage 4 lymphoma cancer. In the courtroom foyer, Vanderbutts, who's expected to take the stand today, strongly denied providing marijuana to anyone other than himself. They got to me before I could put it (packaged marijuana) in the freezer ... After I take the stand, they'll acquit me in five minutes,'' he said. Assistant Cass County Prosecutor Diab Rizk spent most the afternoon Tuesday introducing into evidence the marijuana plants discovered at Vanderbutts' home. Pauly testified that besides the plants, he found several quarter-pound packages of processed marijuana throughout the residence. The amount would seem to far exceed the 2.5 ounces of user marijuana allowed under the act. Also, Pauly said none of the plants were under lock and key as required. But outside the courtroom, Wayne Koper, a Caro, Mich., resident and one of nearly a dozen supporters of Vanderbutts, said an argument could be made that a locked residence would qualify as a secured location. A medical-card holder like Vanderbutts, he said he doesn't consider 47 plants too many for an individual's prolonged use. Not to me,'' he said. The case before Judge Michael Dodge is believed to be the first medical-marijuana case brought to trial in the county. Dodge mentioned that the trial breaks new ground as there's no case law to research.

Staff writer Lou Mumford:

 

thank you for this post

smile.gif

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Scottybud Advanced Member

+Scottybud

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Niles pot grower collapses following marijuana verdict

Cass County jury didn't buy medical use claim.

 

By LOU MUMFORD

Tribune Staff Writer

 

CASSOPOLIS — A Cass County Circuit Court jury verdict of guilty on all counts was too much Wednesday for Niles area resident Sylvester Vanderbutts, who collapsed in the courtroom moments after the verdict was announced.

 

An ambulance late Wednesday afternoon rushed the 52-year-old Howard Township resident to an area hospital. A condition report was not immediately available.

 

Earlier Wednesday, Vanderbutts, the holder of a Michigan medical-marijuana card, had expressed supreme confidence he'd be acquitted, adding he anticipated that result in a matter of minutes. But the jury, after deliberating about 90 minutes and submitting an inquiry to review certain evidence, found him guilty of possession of marijuana with intent to deliver, manufacturing marijuana, possession of marijuana and maintaining a drug house.

 

The most serious of the offenses are four-year felonies. Sentencing was set for May 21.

 

Assistant Cass County Prosecutor Diab Rizk told reporters he was pleased by the outcome.

“Marijuana is still an illegal drug in the state of Michigan, with very few exceptions,'' he said.

 

Defense attorney Matthew Abel, of Detroit, called the verdict “unfortunate.''

 

“I'm concerned they were in a big hurry to get home. ... The ‘guiltys' (jurors who opted for a guilty verdict) were stronger than the ‘not-guiltys,' and that's what pulled it,'' he said.

He left no doubt he'll appeal.

 

“The were several good appealable issues,'' he said. “I think the jury instructions were confusing and wrong.''

 

Abel didn't dispute during Vanderbutts' two-day trial that the 47 marijuana plants — 42, according to Vanderbutts — and 17 ounces of processed, loose marijuana discovered in Vanderbutts' home during a Sept. 14, 2009, police raid were far more than the 12 plants and 2.5 ounces of so-called user marijuana allowed by the law.

 

He argued, however, that another part of the Michigan Medical Marijuana Act permits individual growers to have as many plants as reasonably needed “to ensure ... uninterrupted availability'' to treat their illnesses.

 

Apparently, however, the jury was more willing to accept Rizk's argument that Vanderbutts' intention was to provide at least a portion of the marijuana to others. On several occasions, he referred to Vanderbutts' marijuana grow operation as “a marijuana factory.''

 

Also, he pointed out a ledger obtained from Vanderbutts' bedroom revealed he began growing marijuana in June 2008, or nearly six months before the act was formally approved.

 

The several Ziploc plastic bags of nearly one-ounce quantities of marijuana discovered at Vanderbutts' residence was a strong indication, Rizk argued, that they were intended for distribution, not personal use as Vanderbutts testified.

 

Vanderbutts testified that he suffers from a number of health issues and began using marijuana in 2004 when he received chemotherapy for Stage 4 lymphoma cancer. As for the processed marijuana found in the storage bags, he said his intention was to freeze it, disagreeing with earlier testimony by Southwest Enforcement Team Police Officer Detective Adam DeBoer that subjecting marijuana to such temperatures would be harmful to the substance.

 

DeBoer offered other testimony as well that hurt Vanderbutts' case, stating that Vanderbutts said during an interview that he didn't sell marijuana but did provide it to three or four other cancer patients. Vanderbutts disputed that claim when he took the stand.

 

“He twisted those words,'' he said.

 

DeBoer said also that Vanderbutts told him he used 1 to 1.25 ounces of marijuana a week to treat pain and nausea. The detective said he calculated those figures out and, comparing them to the amount of marijuana found at Vanderbutts' home, determined that such usage would result in an excess of 294 ounces of marijuana over a year's time.

 

But Abel, using different figures obtained from the ledger in Vanderbutts' bedroom, managed to get DeBoer to testify under cross- examination that Vanderbutts' plants may have been able to produce just 70 ounces of marijuana, or just 12 ounces more than the amount Vanderbutts said he'd normally consume in a year.

 

The Tribune is not automatically publishing Web comments on this article. If you wish to comment, send an e-mail to comments@sbtinfo.com.

 

Staff writer Lou Mumford:

lmumford@sbtinfo.com

(269) 687-355

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phaquetoo Advanced Member

phaquetoo

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It is very sad! That is the mind set of most leo's, like i have been saying dont show your grow! This is a huge blow to us in my beleif, now they are going to claim, when they come into our homes thru a broken down door that they heard we were over the limit! Yea yea I know cant get a warrant on hear say,,tell that to the judge save it for court, becuase leo can do as he pleases,, we the voters dont mean sheet! dont matter that 67% of us voted for mm. wow they must have found a jury who was in the 33% no votes! So now how do we do it? a bench trial next? let the judge argue with the attny about law? I dont know about any of you but you will never see a pic of a grow from me on here or any where else!

Lay Low, that dont mean to not get out and support these people if you can get there, That dont mean not to fight if you get messed with.

 

act like the old army saying about homosexuals, dont ask dont tell, keep your shtuff to your self,,It is not fun going to court for anything, this poor man is going thru complete hell now, sitting their waiting for his sentence. any one no that feeling? I sure as hell do, it is not a good one, lets hope his medical condition is considered and he dont have a bad record and the judge gives him a delayed sentence or just probation, sillier things have happened in courts, Its a realy sad day in our community!

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Uncle Paul Advanced Member

Uncle Paul

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Well i have a lot to say,not sure where to start.{Keep in mind that the jury knows nothing about medical marijuana,The law,or how it is grown,harvested or dried.}"Hell the police don't even know! They need to come to a few club meeting's.So let's start with them

 

Most of them have never read the law.They did not know how long it took to drie and cure med's.When the head officer said "That a plant flowers out in 2 to 6 weeks!"" What?".I want those plants!!! Dam asses! I was totally shocked at 25 yr veteran's of the state police southwest drug task force did not know about the law and about how medical marijuana is grown.They had no ideal on who read him his rights at the rad.When ask to tell the jury what the different is between a legal medical marijuana grow and a non legal grow? None could.But did mention how putting it in Baggies show distribution.But jar's are what medical user's use to store there med's!"Well any baggies in my house are gone!" One officer said that static causes hand to stick to bags!I could go on.But let's just say they need educated just as much as most people.It is easy for us to set in the court room and listen to the stupidly because most of us are educated but that jury and police are not.

 

The judge "Dodger # 1" Now at the pre-trial it was said the the mm law and condition could not be used.So Matt told the doctor not to come.Then at the start of the trial after jury was chosen.They were removed and the judge and layers talked how the case would ran.When matt brought up the card and law the judge said he would allow it.Matt then said he needed time so he could get the doctor here to take the stand.The judge say that if the case came down to needing that.That the time would be given.The case went on with out any big issue about the doctor rec.Then in the closing arguments the prosecuting atty was harping hard on it "how do we know he even has cancer or anything?Did any of you hear any doctors testimony?"Then lifts the mm card up and said "How do you even know this is real?"This seems well planned out! Over all the judge seem to have some bis us to medical marijuana.Ok maybe a little more then some.I was glad to see it wasn't left in the judges hands to decide on guilt.But the fate is!

 

The jury! Nothing bad to say.only that they were uneducated on the laws and mislead though out the trial.

 

Matt done a great job! But given time could have used the doctors to testify.could have used a caregiver with a video of a legal grow with the what's,whys,and how long's in the video.To take the stand.Just to show that a LEGAL medical grow is much like a non legal,non medical grow.

 

My personal thoughts! looking at it from the jury's side with no education of medical marijuana or the laws other then what was given and the misleading information,The way the med's were packaged,The amount of med's in bags and plant count.No doctor's testimony.Because the jury never know the judge said that if that was needed that he would allow the time to do that but i think working with the prosecutor never happen!Plus the journal that had dates months before the card was gotten.What else could you come up with but guilty.We all need to learn from this! Sorry it had to be at the cost of a sick medical marijuana patient.

 

Our hearts & thoughts go out to our Friend and will stand with him on May 21st at 830 am. Peace and Love Uncle Paul Cass County Compassion Club.

 

 

I also think the judge and prosecutor had it worked out from the start how it get a guilty verdic.With out the doctor there.By telling Matt that thiings could not be used then the day of the trial say he could.What B.S!

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peanutbutter Advanced Member

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Abel didn't dispute during Vanderbutts' two-day trial that the 47 marijuana plants — 42, according to Vanderbutts — and 17 ounces of processed, loose marijuana discovered in Vanderbutts' home during a Sept. 14, 2009, police raid were far more than the 12 plants and 2.5 ounces of so-called user marijuana allowed by the law.

 

Matt Able did NOT agree it was an excessive amount under the law.

 

But Abel, using different figures obtained from the ledger in Vanderbutts' bedroom, managed to get DeBoer to testify under cross- examination that Vanderbutts' plants may have been able to produce just 70 ounces of marijuana, or just 12 ounces more than the amount Vanderbutts said he'd normally consume in a year.

 

The Tribune is not automatically publishing Web comments on this article. If you wish to comment, send an e-mail to comments@sbtinfo.com.

 

Staff writer Lou Mumford:

lmumford@sbtinfo.com

(269) 687-355

 

Hey Scottybud!! you got that last digit in the phone number? I went to call this "Lou" and discovered the missing digit.

 

Several things .. 17 oz of dry weight .. That number is vastly incorrect. It is very unfortunate that the judge allowed the jurors to think that stalks counted according to state law. They do not. Stalks are excluded in both the state controlled substance act and the medical marijuana act. Yet a garbage bag full of stalks were included in the weight total. If those stalks are illegal, then they need to raid local hardware stores and bust those hardware store drug dealers for selling hemp rope.

 

Next .. reasonable amounts.

 

This law has two levels of protection.

 

One level of protection prevents a person from being arrested. That is the protection that the ID card is supposed to provide.

 

The second level of protection prevents a person from being convicted in a court of law.

 

The protection from conviction:

Section 8 of the law. This is the section of the law that deals with what takes place in a courtroom.

 

What the ID card does is identify someone as having been vetted out by the state itself. The state has verified that the patient has a valid doctors letter. The officer on the street doesn't have to determine that fact. It is already established by the state itself via the MDCH.

 

In theory, if a person is within limits of 12/2.5 and a couple of other factors, the person in question will be screened out of any court proceedings. This reduces court docket load. Or is supposed to work out that way. Supposed to make a lot less paperwork for everyone.

 

So if the person has not had this "pre-screening" done, then the courtroom procedures of section 8 of the law come into play.

This section is a catch all section. When a closer look needs to be done.

 

The twelve plant and 2.5 ounce limits that keep a person from inside the courtroom no longer apply as limits. Their existence tends to support that those numbers would be reasonable amounts for every approved patient that has their ID card. And a reasonable amount for every single unregistered patient in the state also.

 

For courtroom standards, the 12 plant 2.5 ounce amounts need to be viewed as minimums. And that the courtroom standards for section 8 of the law overrule the minimum amounts set as "reasonable" within the section which covers every single patient in the state.

 

I have more for this .. I'll try to add more later.

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bobandtorey Advanced Member

bobandtorey

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Matt Able did NOT agree it was an excessive amount under the law.

 

 

 

Hey Scottybud!! you got that last digit in the phone number? I went to call this "Lou" and discovered the missing digit.

 

Several things .. 17 oz of dry weight .. That number is vastly incorrect. It is very unfortunate that the judge allowed the jurors to think that stalks counted according to state law. They do not. Stalks are excluded in both the state controlled substance act and the medical marijuana act. Yet a garbage bag full of stalks were included in the weight total. If those stalks are illegal, then they need to raid local hardware stores and bust those hardware store drug dealers for selling hemp rope.

 

Next .. reasonable amounts.

 

This law has two levels of protection.

 

One level of protection prevents a person from being arrested. That is the protection that the ID card is supposed to provide.

 

The second level of protection prevents a person from being convicted in a court of law.

 

The protection from conviction:

Section 8 of the law. This is the section of the law that deals with what takes place in a courtroom.

 

What the ID card does is identify someone as having been vetted out by the state itself. The state has verified that the patient has a valid doctors letter. The officer on the street doesn't have to determine that fact. It is already established by the state itself via the MDCH.

 

In theory, if a person is within limits of 12/2.5 and a couple of other factors, the person in question will be screened out of any court proceedings. This reduces court docket load. Or is supposed to work out that way. Supposed to make a lot less paperwork for everyone.

 

So if the person has not had this "pre-screening" done, then the courtroom procedures of section 8 of the law come into play.

This section is a catch all section. When a closer look needs to be done.

 

The twelve plant and 2.5 ounce limits that keep a person from inside the courtroom no longer apply as limits. Their existence tends to support that those numbers would be reasonable amounts for every approved patient that has their ID card. And a reasonable amount for every single unregistered patient in the state also.

 

For courtroom standards, the 12 plant 2.5 ounce amounts need to be viewed as minimums. And that the courtroom standards for section 8 of the law overrule the minimum amounts set as "reasonable" within the section which covers every single patient in the state.

 

I have more for this .. I'll try to add more later.

 

i think you summed it up so far he got Fuc^ed

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welj31 Advanced Member

welj31

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PHONE BLOCADE ALL DAY FRIDAY

Let the other 63% speak loud and clear.

This guy needs to look for a new job.

CASS

Victor A. Fitz (5/03)

Cass County Law and Courts Building

60296 M-62, Suite 6

Cassopolis, MI 49031

(269) 445-4460

(269) 445-8629 [after 4pm]

(269) 445-4409[Fax]

www.michiganprosecutor.org/cass/

 

 

--------------------------------------------------------------------------------

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littlegirlblue Newbie

littlegirlblue

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When I heard that Matt Able would be defending Mr. Vanderbutts I was very interested to see how well he would do in the infamous Cass County Courts System. (Remember the tragedy at Rainbow Farm? Labor day weekend 2001 in Vandalia,Michigan. Yep, you guessed it kids, Cass County.)

 

While he was unable to convince the jury to enter a "non-guilty" plea, he was impressive to see in action. He was aggresive while staying polite and professional, sometimes a difficult task in a courtroom. The defensive arguements he gave were well thought out and well excecuted. With the facts and opportunities he was afforded, he did a truly amazing job. I don't mean to sound so "gushy" but for little 'ol Cass County, it was a hell of a show.

 

Meanwhile....The Cass County court system keeps grinding on...

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phaquetoo Advanced Member

phaquetoo

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Well i have a lot to say,not sure where to start.{Keep in mind that the jury knows nothing about medical marijuana,The law,or how it is grown,harvested or dried.}"Hell the police don't even know! They need to come to a few club meeting's.So let's start with them

 

Most of them have never read the law.They did not know how long it took to drie and cure med's.When the head officer said "That a plant flowers out in 2 to 6 weeks!"" What?".I want those plants!!! Dam asses! I was totally shocked at 25 yr veteran's of the state police southwest drug task force did not know about the law and about how medical marijuana is grown.They had no ideal on who read him his rights at the rad.When ask to tell the jury what the different is between a legal medical marijuana grow and a non legal grow? None could.But did mention how putting it in Baggies show distribution.But jar's are what medical user's use to store there med's!"Well any baggies in my house are gone!" One officer said that static causes hand to stick to bags!I could go on.But let's just say they need educated just as much as most people.It is easy for us to set in the court room and listen to the stupidly because most of us are educated but that jury and police are not.

 

The judge "Dodger # 1" Now at the pre-trial it was said the the mm law and condition could not be used.So Matt told the doctor not to come.Then at the start of the trial after jury was chosen.They were removed and the judge and layers talked how the case would ran.When matt brought up the card and law the judge said he would allow it.Matt then said he needed time so he could get the doctor here to take the stand.The judge say that if the case came down to needing that.That the time would be given.The case went on with out any big issue about the doctor rec.Then in the closing arguments the prosecuting atty was harping hard on it "how do we know he even has cancer or anything?Did any of you hear any doctors testimony?"Then lifts the mm card up and said "How do you even know this is real?"This seems well planned out! Over all the judge seem to have some bis us to medical marijuana.Ok maybe a little more then some.I was glad to see it wasn't left in the judges hands to decide on guilt.But the fate is!

 

The jury! Nothing bad to say.only that they were uneducated on the laws and mislead though out the trial.

 

Matt done a great job! But given time could have used the doctors to testify.could have used a caregiver with a video of a legal grow with the what's,whys,and how long's in the video.To take the stand.Just to show that a LEGAL medical grow is much like a non legal,non medical grow.

 

My personal thoughts! looking at it from the jury's side with no education of medical marijuana or the laws other then what was given and the misleading information,The way the med's were packaged,The amount of med's in bags and plant count.No doctor's testimony.Because the jury never know the judge said that if that was needed that he would allow the time to do that but i think working with the prosecutor never happen!Plus the journal that had dates months before the card was gotten.What else could you come up with but guilty.We all need to learn from this! Sorry it had to be at the cost of a sick medical marijuana patient.

 

Our hearts & thoughts go out to our Friend and will stand with him on May 21st at 830 am. Peace and Love Uncle Paul Cass County Compassion Club.

 

 

I also think the judge and prosecutor had it worked out from the start how it get a guilty verdic.With out the doctor there.By telling Matt that thiings could not be used then the day of the trial say he could.What B.S!

 

 

Matt is a Great Attny! It isnt his fault. Like you point out it was an uneducated guess on the jurys part becaus of the judge!

You should work with matt, You make great sense, and can realy put your words together!

One battle lost but we havent lost the War!

Peace!

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bobandtorey Advanced Member

bobandtorey

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By AARON MUELLER

Niles Daily Star

 

CASSOPOLIS – Just days after Niles-area resident and medical marijuana card holder Sylvester Vanderbutts was found guilty on four counts of marijuana-related charges, another Cass County man appeared in court in a similar situation.

 

Kevin Nelson, 35, of Cassopolis, was sentenced to a one-year probation term Friday at Cass County Circuit Court.

 

Nelson, a medical marijuana card holder, was involved in a domestic disturbance at his home with his brother-in-law in August 2009 that resulted in his brother-in-law calling the police.

 

When officers arrived, they discovered 14 marijuana plants growing in the home. Nelson showed them his medical marijuana card, but he possessed two over the legal limit of 12 plants.

 

Nelson’s attorney John Conroy said his client was cooperative with police. Conroy also pointed to a letter from Nelson’s wife, revealing how hard Nelson works to provide for his family.

“This is not like the 47-plant case,” Conroy said, referencing the Vanderbutts case. “It’s just 14, and that’s because two others were dying. There was no victim here.”

 

Judge Michael Dodge said Nelson’s cooperation with police and the fact he didn’t have a marijuana-related conviction since the 1990s helped his case.

 

 

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bobandtorey Advanced Member

bobandtorey

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By AARON MUELLER

Niles Daily Star

 

CASSOPOLIS – Just days after Niles-area resident and medical marijuana card holder Sylvester Vanderbutts was found guilty on four counts of marijuana-related charges, another Cass County man appeared in court in a similar situation.

 

Kevin Nelson, 35, of Cassopolis, was sentenced to a one-year probation term Friday at Cass County Circuit Court.

 

Nelson, a medical marijuana card holder, was involved in a domestic disturbance at his home with his brother-in-law in August 2009 that resulted in his brother-in-law calling the police.

 

When officers arrived, they discovered 14 marijuana plants growing in the home. Nelson showed them his medical marijuana card, but he possessed two over the legal limit of 12 plants.

 

Nelson’s attorney John Conroy said his client was cooperative with police. Conroy also pointed to a letter from Nelson’s wife, revealing how hard Nelson works to provide for his family.

“This is not like the 47-plant case,” Conroy said, referencing the Vanderbutts case. “It’s just 14, and that’s because two others were dying. There was no victim here.”

 

Judge Michael Dodge said Nelson’s cooperation with police and the fact he didn’t have a marijuana-related conviction since the 1990s helped his case.

 

 

 

http://www.facebook.com/pages/Niles-MI/Niles-Daily-Star/47325634340

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