Archie Kiel Found Guilty

[LansingAreaCaregiver]

http://ipr.interlochen.org/ipr-news-features/episode/9120

 

 

Kalkaska Man Loses Medical Pot Case

 

Details

IPR program(s): IPR News Features Date: 07/19/2010 By Eric VanDussen

 

A medical marijuana care giver in Kalkaska County was found guilty Friday of growing more pot than Michigan's newly enacted law allows. Archie Kiel's home was raided in August of 2009 by the Traverse Narcotics Team.

 

The bust occurred just weeks after the Northern Express newspaper featured his marijuana growing operation in an article written by Ann Stanton.

 

TNT only confiscated around half of Kiel's marijuana plants because they said he didn't have the proper paperwork for all of the patients he was growing marijuana for.

 

Kiel's attorney says the case will be immediately appealed. He contends the trail judge refused to allow them to introduce critical evidence that would have proven his client was complying with the medical marijuana act.

 

Michigan's Court of Appeals is already wrestling with four very similar cases. The American Civil Liberties Union has filed briefs in two of them.

 

Prosecutors had also charged Kiel with committing perjury. They accused him of lying when he testified that two of his qualified patients had applied for state for certification cards. The jury found him not guilty of that count.

 

Because of a previous marijuana conviction, Kiel could face up to eight years in prison if his appeal is not successful.

 

 

[+Annnie]

Archie is a super great caregiver and Wonderful advocate for MM.He did not break the law and this is complete bullcrap!! I send him all my love and support and suggest we all do the same.. remember if we dont stand up for those they come for who will be left to stand up for us when they come to our dooor..

[Bob Heflin]

The most troubling aspect of Archie's trial was that the judges instructions and 'abstraction of the MMMAct' which she presented to the jury left out the vital Section 8 of the law. Archie's lawyer was not allowed to mention 'Section 8' to the jury although it was critical to his case, in that his lawyer could have argued that Archie met the 3 conditions necessary for an Affirmative Defense. (if he would have been allowed).

 

Archie wasn't charged with the lesser charge of 'manufacture of less than 20 plants' until AFTER the testimony of a plant expert from MSU, who said that a plant isn't a plant until it has roots. After his testimony, the PA offered the jury the possibility of convicting Archie of the lesser charge. Obviously, the PA had a new doubt that Archie wasn't guilty of manufacture of more than 20 plants OR WHY THE NEW LESSER CHARGE IN THE MIDDLE OF THE TRIAL?

 

Although Archie signed on as a caregiver on July 24, (the date that his 2 new patients received Dr's recommendations), the PA used the date that the patients actually mailed the forms in, although Affirmative Defense standards indicate that the presence of the condition warrants the protective rights accorded to a patient AND CAREGIVER even without a Dr's recommendation. (John Targowski won a dismissal in Kalamazoo for a patient who received her Dr's recommendation AFTER her arrest. The Kalamazoo judge ruled that the patient had the right to use because she had a condition covered in the MMMAct and was using cannabis for a medical purpose at the time of her arrest, and at the time of trial had fulfilled the 3 conditions which would allow for a dismissal based on an Affirmative Defense).

 

There were other troubling aspects of the Archie Kiel case. Jurors disregarded the judges instructions to 'come to their own individual decision about guilt or innocence BEFORE discussing the case with other jurors'. Yet during the trial, jurors were observed whispering to each other, and on one occasion, two jurors even discussed the formulation of a question to give the judge in front of the entire court. This was allowed even though when the judge had instructed the jurors on the 'importance of coming to their own decision', even to the point of stressing that jurors 'leave their notepads face down so that no other jurors could be influenced by their thinking'--and yet during the trial the judge allowed jurors to discuss their individual thoughts on the formulation of a question. Grounds for a mistrial?

 

All in all, it was a grueling two day trial which in the end was more about an overly zealous prosecutor who was more concerned with a punishment culture than a healing community. At no time did the PA introduce any evidence that a 'criminal sale' of marijuana had taken place. All of the participants in the trial were registered mm patients. No sale was ever alleged to have occurred to anyone outside the medical marijuana community. Did any real crime actually occur in this case?

 

Many voters will tell you that the real crime in the Archie Keil case is that taxpayers of Michigan are going to be stuck with tens of thousands of dollars worth of costs in this over-zealous prosecution---costs for helicopter pilots, police ground crews, investigators, detectives, lawyers, judges, court docket time, storage expense and fees, AND FOR WHAT? For a conviction of manufacture of less than 20 plants (intended for medical marijuana patients) that will most certainly be appealed. What a continuous waste of time, energy, and resources. No wonder voters want to legalize, regulate, and tax cannabis. This madness must end.

[bobandtorey]

let me first say that am sorry it went that way for him i have been following his case for a long time and have spoke to him on the phone he had his paper work and the jury could not even see the copy of the Law BS

 

 

i hope they hear is appeal i see they are also talking about us i will post more later i have so things to do be for the protest tomorrow

[hcubbyhill]

If he had a prior conviction how could he be a legal caregiver?

[bobandtorey]

The most troubling aspect of Archie's trial was that the judges instructions and 'abstraction of the MMMAct' which she presented to the jury left out the vital Section 8 of the law. Archie's lawyer was not allowed to mention 'Section 8' to the jury although it was critical to his case, in that his lawyer could have argued that Archie met the 3 conditions necessary for an Affirmative Defense. (if he would have been allowed).

 

Archie wasn't charged with the lesser charge of 'manufacture of less than 20 plants' until AFTER the testimony of a plant expert from MSU, who said that a plant isn't a plant until it has roots. After his testimony, the PA offered the jury the possibility of convicting Archie of the lesser charge. Obviously, the PA had a new doubt that Archie wasn't guilty of manufacture of more than 20 plants OR WHY THE NEW LESSER CHARGE IN THE MIDDLE OF THE TRIAL?

 

Although Archie signed on as a caregiver on July 24, (the date that his 2 new patients received Dr's recommendations), the PA used the date that the patients actually mailed the forms in, although Affirmative Defense standards indicate that the presence of the condition warrants the protective rights accorded to a patient AND CAREGIVER even without a Dr's recommendation. (John Targowski won a dismissal in Kalamazoo for a patient who received her Dr's recommendation AFTER her arrest. The Kalamazoo judge ruled that the patient had the right to use because she had a condition covered in the MMMAct and was using cannabis for a medical purpose at the time of her arrest, and at the time of trial had fulfilled the 3 conditions which would allow for a dismissal based on an Affirmative Defense).

 

There were other troubling aspects of the Archie Kiel case. Jurors disregarded the judges instructions to 'come to their own individual decision about guilt or innocence BEFORE discussing the case with other jurors'. Yet during the trial, jurors were observed whispering to each other, and on one occasion, two jurors even discussed the formulation of a question to give the judge in front of the entire court. This was allowed even though when the judge had instructed the jurors on the 'importance of coming to their own decision', even to the point of stressing that jurors 'leave their notepads face down so that no other jurors could be influenced by their thinking'--and yet during the trial the judge allowed jurors to discuss their individual thoughts on the formulation of a question. Grounds for a mistrial?

 

All in all, it was a grueling two day trial which in the end was more about an overly zealous prosecutor who was more concerned with a punishment culture than a healing community. At no time did the PA introduce any evidence that a 'criminal sale' of marijuana had taken place. All of the participants in the trial were registered mm patients. No sale was ever alleged to have occurred to anyone outside the medical marijuana community. Did any real crime actually occur in this case?

 

Many voters will tell you that the real crime in the Archie Keil case is that taxpayers of Michigan are going to be stuck with tens of thousands of dollars worth of costs in this over-zealous prosecution---costs for helicopter pilots, police ground crews, investigators, detectives, lawyers, judges, court docket time, storage expense and fees, AND FOR WHAT? For a conviction of manufacture of less than 20 plants (intended for medical marijuana patients) that will most certainly be appealed. What a continuous waste of time, energy, and resources. No wonder voters want to legalize, regulate, and tax cannabis. This madness must end.

 

thank you for all you do and for this great post if i could i would give all my Pos: Rep: for the next year i hope to see Archie soon

[petoskeystoned]

Wow this is horrible. Im sorry man. The rally is for you too! yuck. I will do everything i can, which isnt much but i'll try!

[Guest Wayne]

I hate to have to wish this on the taxpayers of Kalkaska County but in the end I hope their representatives have assisted Archie in becoming rich at taxpayer expense. Sad state of affairs.

[bobandtorey]

The most troubling aspect of Archie's trial was that the judges instructions and 'abstraction of the MMMAct' which she presented to the jury left out the vital Section 8 of the law. Archie's lawyer was not allowed to mention 'Section 8' to the jury although it was critical to his case, in that his lawyer could have argued that Archie met the 3 conditions necessary for an Affirmative Defense. (if he would have been allowed).

 

Archie wasn't charged with the lesser charge of 'manufacture of less than 20 plants' until AFTER the testimony of a plant expert from MSU, who said that a plant isn't a plant until it has roots. After his testimony, the PA offered the jury the possibility of convicting Archie of the lesser charge. Obviously, the PA had a new doubt that Archie wasn't guilty of manufacture of more than 20 plants OR WHY THE NEW LESSER CHARGE IN THE MIDDLE OF THE TRIAL?

 

Although Archie signed on as a caregiver on July 24, (the date that his 2 new patients received Dr's recommendations), the PA used the date that the patients actually mailed the forms in, although Affirmative Defense standards indicate that the presence of the condition warrants the protective rights accorded to a patient AND CAREGIVER even without a Dr's recommendation. (John Targowski won a dismissal in Kalamazoo for a patient who received her Dr's recommendation AFTER her arrest. The Kalamazoo judge ruled that the patient had the right to use because she had a condition covered in the MMMAct and was using cannabis for a medical purpose at the time of her arrest, and at the time of trial had fulfilled the 3 conditions which would allow for a dismissal based on an Affirmative Defense).

 

There were other troubling aspects of the Archie Kiel case. Jurors disregarded the judges instructions to 'come to their own individual decision about guilt or innocence BEFORE discussing the case with other jurors'. Yet during the trial, jurors were observed whispering to each other, and on one occasion, two jurors even discussed the formulation of a question to give the judge in front of the entire court. This was allowed even though when the judge had instructed the jurors on the 'importance of coming to their own decision', even to the point of stressing that jurors 'leave their notepads face down so that no other jurors could be influenced by their thinking'--and yet during the trial the judge allowed jurors to discuss their individual thoughts on the formulation of a question. Grounds for a mistrial?

 

All in all, it was a grueling two day trial which in the end was more about an overly zealous prosecutor who was more concerned with a punishment culture than a healing community. At no time did the PA introduce any evidence that a 'criminal sale' of marijuana had taken place. All of the participants in the trial were registered mm patients. No sale was ever alleged to have occurred to anyone outside the medical marijuana community. Did any real crime actually occur in this case?

 

Many voters will tell you that the real crime in the Archie Keil case is that taxpayers of Michigan are going to be stuck with tens of thousands of dollars worth of costs in this over-zealous prosecution---costs for helicopter pilots, police ground crews, investigators, detectives, lawyers, judges, court docket time, storage expense and fees, AND FOR WHAT? For a conviction of manufacture of less than 20 plants (intended for medical marijuana patients) that will most certainly be appealed. What a continuous waste of time, energy, and resources. No wonder voters want to legalize, regulate, and tax cannabis. This madness must end.

 

the AD is solid they will see are case is going to the supreme court the highest court in this state we are winning this war Archie i did try to make it to your case i did what i could are case will lead the PA

to stop all of this we have lots of support here and with are Lawyer Matt and Rob and the ACLU you will be FREE hang it their every body thats in court

[Kingpinn]

Not good. That puts my buddy Terry on the chopping block next. And of course i will get dragged in . He was my care giver at the time. Sucks

[bobandtorey]

Not good. That puts my buddy Terry on the chopping block next. And of course i will get dragged in . He was my care giver at the time. Sucks

 

 

hey KP terry next the AD is solid they will see come to the protest we will all be their tomorrow

[1337Gr33n]

The most troubling aspect of Archie's trial was that the judges instructions and 'abstraction of the MMMAct' which she presented to the jury left out the vital Section 8 of the law. Archie's lawyer was not allowed to mention 'Section 8' to the jury although it was critical to his case, in that his lawyer could have argued that Archie met the 3 conditions necessary for an Affirmative Defense. (if he would have been allowed).

 

....This madness must end.

 

So, the judge in a court OF LAW said that certain laws could be mentioned and others could not??? Maybe i am more ignorant of the law than i thought. But, how is this even possible?

[Bisharoo]

So, the judge in a court OF LAW said that certain laws could be mentioned and others could not??? Maybe i am more ignorant of the law than i thought. But, how is this even possible?

 

It is only possible when our justice system fails to uphold your right to live for your own sake, because it has been corrupted by those who hate individual human rights. Their idea of control is more important than your individual human rights, in the mind of a stateist.

 

It would not be possible were our elected and non-elected officials were held to the oaths they took to uphold the constitution of the US.

[boroboro]

I met Archie this spring, and he struck me as a very kind and gentle person, an excellent example of the compassionate caregiver, and just an all-around nice guy. Very sorry to see this result, and I hope the judge's actions removing section 8 of the MM law from the trial receive the widespread attention they deserve. Good luck Archie!

[bobandtorey]

i have been calling him for days and would like to know whats going on if any body knows please post