People V John Doe - Charlevoix County

[knottwhole]

Thanks for the update Eric. Great news indeed!

I look forward to your video.

Thanks for all the work bringing this to us.

[peanutbutter]

The prosecutor agreed to dismiss all charges against Mr. Doe this afternoon (12-09-10) immediately prior to oral arguments being heard on the defendant's motion to quash/suppress/dismiss. The judge, prosecutor and defense attorney were in chambers for over 1/2 hour and then held a lengthy sidebar before the prosecutor agreed to dismiss.

 

My video of the court proceedings will be streaming online soon.

 

Hopefully this didn't include a "deal" where Mr. Doe doesn't get to sue.

 

Mr. Doe was abused for no reason at all.

[Eric L. VanDussen]

Video of John Doe's dismissal hearing on December 9: http://www.upnorthmedia.org/watchupnorthtv.asp?SDBFid=2654#vid

 

This short video clip shows Mr Doe's criminal charges related to his medical marihuana grow operation being dismissed by the Charlevoix County Prosecutor. Mr. Doe has asked to remain anonymous because he is concerned that criminals will discover where he lives and steal his medical marihuana when he starts growing again. The prosecutor had alleged that Mr. Doe "did violate a regulation of the Michigan Health Department ... by not having marihuana plants in a fully secured enclosure; contrary to MCL 333.2443." The Northern Express' Anne Stanton will be writing a story regarding the dismissal, which will be available on December 12, at: www.northernexpress.com

 

You can watch Stanton's video interview that she conducted with Mr. Doe in October at: http://www.upnorthmedia.org/watchupnorthtv.asp?SDBFid=2422#vid

[robnuvie]

Thousands of dollars in tax payers money to arrest, sieze, distroy a persons grow op ony to tell them to "put some chicken wire or something so nothing or anybody can reach in there." Maybe that's what the Pa should have told this gentelman on the phone that day of the raid. Well another tax bill the middle class has to endure. Its nowonder why I cannot keep my hard earned money. Need more mills to fight crime. Need moore officers, meed more officers of the court to handle the "case load." No wonder why 1/3 of my pay check won't cover the bills for these "Officers of the court." (Officials). What ever I"m sick of it.

 

Poor judgement by Charavoux County Officials, have devistated this guy and he is going to sue. More tax dollars wasted. I could go on all day and you all know what I"m talking about.

 

Vote these people out. Reprimand the arresting officers (the officers used poor discresion), and fire the supervisors who allow the arresting officers to make the charge (supervisors are held to a higher standard than the front line officer.) And hire some people who are compentent enough to run our, that rigt OUR government.

 

Please stop taxing me. Please hire some compident people to be police, dea, etc. Fire these one. That's what would happen to me if I cost a company big money. These "Officials" waste our tax dollar like it's no tommarrow.

[Bisharoo]

Thousands of dollars in tax payers money to arrest, sieze, distroy a persons grow op ony to tell them to "put some chicken wire or something so nothing or anybody can reach in there." Maybe that's what the Pa should have told this gentelman on the phone that day of the raid. Well another tax bill the middle class has to endure. Its nowonder why I cannot keep my hard earned money. Need more mills to fight crime. Need moore officers, meed more officers of the court to handle the "case load." No wonder why 1/3 of my pay check won't cover the bills for these "Officers of the court." (Officials). What ever I"m sick of it.

 

Poor judgement by Charavoux County Officials, have devistated this guy and he is going to sue. More tax dollars wasted. I could go on all day and you all know what I"m talking about.

 

Vote these people out. Reprimand the arresting officers (the officers used poor discresion), and fire the supervisors who allow the arresting officers to make the charge (supervisors are held to a higher standard than the front line officer.) And hire some people who are compentent enough to run our, that rigt OUR government.

 

Please stop taxing me. Please hire some compident people to be police, dea, etc. Fire these one. That's what would happen to me if I cost a company big money. These "Officials" waste our tax dollar like it's no tommarrow.

 

Well said Robnuvie!

[+Annnie]

Im so glad to hear this news.. Thank you thank you thank you Mr Eric L VanDussen for giving us all hope.. LET FREEDOM RING..

[peanutbutter]

The prosecutor had alleged that Mr. Doe "did violate a regulation of the Michigan Health Department ... by not having marihuana plants in a fully secured enclosure; contrary to MCL 333.2443."

 

There is no such MDCH rule. There is no such location in the law.

 

The section of law is listed as 333.26423 © "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.

 

I think that was what the PA was talking about.

 

In the MDCH rules this section is 333.121 (7) "Enclosed, locked facility" means a closet, room, or other enclosed

area equipped with locks or other security devices that permit access only by

a registered primary caregiver or registered qualifying patient.

 

Both are word for word the same. I wonder what this "333.2442" is about. And is it rules or law the PA is talking about?

PA says regulation .. whatever that means.

[bobandtorey]

wants again thanks we cant wait till we see a Video case dismissed for Bob & Torey

[peanutbutter]

Sounds like there will not be a lawsuit available.

 

It was the defense that said the defendant will add extra protection ("chicken wire on the top").

 

That means that everyone agrees that more could have, and should have, been done before the raid.

 

Dismissed without prejudice means they could file charges again if they wished to.

 

The conclusion is that the defendant did something wrong but we'll let it slide this time.

[Eric L. VanDussen]

Mr. Doe (actually Drost) told me he's found that it's useless trying to keep his name out of the press because the authorities have already revealed his identity throughout the region where he lives.

- - - -

Up in Smoke - Northern Express: See page 10 of their new edition at: http://www.northernexpress.com/

 

By: Anne Stanton - Legal battles create ongoing drama for medical marijuana growers

 

Medical marijuana grower and patient Cecil Drost was able to drive off for a Florida vacation last week instead of going to jail, relieved that Charlevoix Prosecutor John Jarema decided to drop all charges against him.

 

But Drost anxiously wonders if he’ll be compensated for the estimated $100,000 worth of medical marijuana plants that were seized in the raid.

 

Drost’s 32 plants were destroyed on September 20, after the Joint Operational Law Enforcement (JOLT) multi-jurisdictional drug team flew over Drost’s property in a black helicopter. Shortly afterward, five JOLT officers entered Drost’s property next door to his home where he has a barn, an RV, and an enclosed and locked steel mesh hoop house covered by a white tarp and surrounded by a six-foot tall chain link fence. It was here that Drost grew marijuana plants for himself and two other medical marijuana patients.

 

The deputies edged around a locked power gate blocking his driveway and went on Drost’s property without a search warrant at about 1:45 p.m. More than two hours later, they persuaded Assistant Prosecutor Shaynee Fanara to sign a search warrant by reporting to her that they had found marijuana growing behind a tarp and “a fence with large open holes in it.”

 

Drost’s defense attorney, Jesse Williams, said the report of holes in the fence was a “complete fabrication,” in documents filed with the court, using photographs as proof.Deputies seized and destroyed all 32 plants.

 

CLOSED CHAMBERS

 

More than a dozen people gathered in the courtroom to see the resulting trial, but heard none of the deliberations that took place in the closed chambers and at the podium of 90th District Court Judge Richard May.

 

At the last minute, the prosecutor asked for a promise from Drost to put chicken wire over the roof of the hoop house.Williams said he readily agreed because it meant that deputies would “never mess with Cecil again. Putting that on the record is a safeguard for Cecil. Now he can have a whole outdoor grow operation, unique to the whole state, and he won’t have to continue putting plastic on top.”

 

Jarema said the reason for the chicken wire was that a kid could climb up the sixfoot fence, lean over and grab the plant that was sticking out of the hoop house near the ground. “I just wanted to make sure people couldn’t come in and grab his dope.”

 

Drost said after the trial that he didn’t believe the chicken wire would make the hoop house any more secure. Someone would need a 14-foot arm with multiple joints to reach over the six-foot chain link fence and through another fence (with wider holes than a chicken fence) to the plants inside, he said.

 

The Express ran an article about Drost’s troubles in its October 11 issue, along with a videotaped interview on Up North TV 97.Following publication, Jarema amped up the original misdemeanor charge to a fouryear felony of delivery and manufacture of a controlled substance, according to court documents signed on October 19.

 

Jarema eventually reduced the felony charge to the original misdemeanor violation of health department regulations after talking to Williams.

 

HEMP HELICOPTER

 

Williams asked the court to dismiss the misdemeanor charge, alleging that the search warrant was obtained on false premises. Along with erroneously asserting there were holes in the fence, Charlevoix Sheriff’s Deputy William Church wrote that “the HEMP helicopter spotted marijuana growing” on the defendant’s property.Williams argued that a “helicopter cannot visually spot marijuana.” He added that the law does not require that medical marijuana plants be invisible from the air space, but only in a locked and secure enclosure, according to documents filed with the court.

 

He also said that Drost presented medical marijuana cards for a legal number of plants, which should have protected him from arrest or prosecution, according to the law. The deputies failed to mention to Fareena that Drost was a caregiver and had shown them the cards.

 

Jarema said in an interview that deputies did not need a search warrant because they spotted marijuana from the helicopter, and had no way of knowing that Drost was a legal caregiver until he presented his state-approved cards once they were on the property. At that point, they could see a marijuana plant sticking out between the six-foot fence and hoop house.

 

Both Jarema and Williams said after the trial that they felt the resolution of the case was fair based on the facts.

 

Drost was grateful. “The Lord works in mysterious ways,” he said, just before leaving the courthouse. “It’s been a bunch of crap for everybody—family and friends.”

[knottwhole]

Watch out! The children might grab it.

Thanks for the update Eric.

[Kingpinn]

Mr Doe's setup looked like Fort Knoxs compared to mine . And my setup was enclosed Trust me on this one LOL. With a lock even. Poor guy got the shaft.

 

Day 44 no word on COA . Makes for a Happy Holiday Huh

 

 

[robnuvie]

Mr Doe's setup looked like Fort Knoxs compared to mine . And my setup was enclosed Trust me on this one LOL. With a lock even. Poor guy got the shaft.

 

Day 44 no word on COA . Makes for a Happy Holiday Huh

 

 

Maybe the court is waiting for Santa to bring you the good news. That way you won't be so angery at them and not sue the pants off them. Who could be mad at Santa? LMAO!!!!!

 

Happy Holidays Kinginn

[Willy]

We need to sue all them fukers. over and over till they get the message.

[drexel]

Unfortunately Mr. Drost still has yet to see any form of compensation as a result of law enforcement seizing everything in the hoop house. As a fellow Charlevoix resident, this is quite unnerving that the same could happen to me a mere couple miles away. Hopefully, local law enforcement knows better now that they won't succeed. Our small tourist town leaves LE with idle hands in the winter, and they do get antsy.

 

At least we can breathe a sigh of relief for him, and that he is now impervious to further intrusion as a result of this all.

[thanks2]

Our small tourist town leaves LE with idle hands in the winter, and they do get antsy.

 

 

They may be Idle, but more importantly they are over funded.