+EdwardGlen Posted January 17, 2011 Report Share Posted January 17, 2011 http://www.theoaklandpress.com/articles/2011/01/17/news/doc4d349d17c7cd5096100777.txt A case involving medical marijuana found in a barn has been dismissed in Genesee County. http://michiganmedicalmarijuana.org/index.php?app=forums&module=post§ion=post&do=new_post&f=18 The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team (NET) arrested Pointer in October, 2009. Officers found marijuana and growing equipment in Pointer’s barn in Genesee County. Pointer was charged with unlawful manufacture of marijuana contrary to the Medical Marijuana Act. The Oakland County Sheriff’s Office was closed Monday for the Martin Luther King Jr. holiday. Judge Geoffrey Neithercut with Genesee County Circuit Court dismissed the case against Pointer, who had a state medical marijuana card, on Jan. 14, saying the prosecutors failed to show evidence that Pointer had more than 2.5 ounces of usable marijuana. The court’s opinion indicated that instead of presenting the marijuana in its “processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material.” The opinion stated, “There was no need of the jury to infer the weight of usable (marijuana). The Prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form...and presented that as evidence.” Instead the “Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead.” Quote Link to comment Share on other sites More sharing options...
Southern Cross Posted January 17, 2011 Report Share Posted January 17, 2011 http://www.theoaklandpress.com/articles/2011/01/17/news/doc4d349d17c7cd5096100777.txt A case involving medical marijuana found in a barn has been dismissed in Genesee County. The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team (NET) arrested Pointer in October, 2009. Officers found marijuana and growing equipment in Pointer’s barn in Genesee County. What were Oakland County Brown Shirts doing in this guy's barn in Genesee County? Have they expanded their jurisdiction to include anywhere they want to go? I'd like to know more about the logistics, but it sounds like the MSP should have been called in to arrest these renegades. At least the Genesee County prosecutor used some common sense and dismissed the phony charges. Quote Link to comment Share on other sites More sharing options...
Guest 1TokeOverLine Posted January 17, 2011 Report Share Posted January 17, 2011 (edited) Sock it to 'em, sock it to 'em, sock it to 'em!!!! The Prosecutor did not dismiss, the Genesee County Judge did. 1T Edited January 17, 2011 by 1TokeOverLine Quote Link to comment Share on other sites More sharing options...
Southern Cross Posted January 17, 2011 Report Share Posted January 17, 2011 Sock it to 'em, sock it to 'em, sock it to 'em!!!! The Prosecutor did not dismiss, the Genesee County Judge did. 1T My bad. Nice catch! Quote Link to comment Share on other sites More sharing options...
mizerman Posted January 17, 2011 Report Share Posted January 17, 2011 WAY TO GO MICHAEL KOMORN!!!!!!!!!!!!!!! Mizerman Quote Link to comment Share on other sites More sharing options...
Retta Posted January 17, 2011 Report Share Posted January 17, 2011 :goodjob: :goodjob: Quote Link to comment Share on other sites More sharing options...
solabeirtan Posted January 17, 2011 Report Share Posted January 17, 2011 Joakland County SS shot down ! Great News ! Power to the People ! Right On ! Right Now ! Quote Link to comment Share on other sites More sharing options...
wringly Posted January 18, 2011 Report Share Posted January 18, 2011 Soooo...the judge said that if leo processed the mj to what they consider a usable form they could have prosecuted ? Quote Link to comment Share on other sites More sharing options...
tooldini Posted January 18, 2011 Report Share Posted January 18, 2011 pretty nice but yeah why were they ever in the barn,, probably never find that out Quote Link to comment Share on other sites More sharing options...
mizerman Posted January 18, 2011 Report Share Posted January 18, 2011 Medical marijuana case against Clarkston man dismissed in Genesee County Published: Monday, January 17, 2011 By CAROL HOPKINS Of The Oakland Press A case involving medical marijuana found in a barn has been dismissed in Genesee County. The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team (NET) arrested Pointer in October, 2009. Officers found marijuana and growing equipment in Pointer’s barn in Genesee County. Pointer was charged with unlawful manufacture of marijuana contrary to the Medical Marijuana Act. The Oakland County Sheriff’s Office was closed Monday for the Martin Luther King Jr. holiday. Judge Geoffrey Neithercut with Genesee County Circuit Court dismissed the case against Pointer, who had a state medical marijuana card, on Jan. 14, saying the prosecutors failed to show evidence that Pointer had more than 2.5 ounces of usable marijuana. The court’s opinion indicated that instead of presenting the marijuana in its “processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material.” The opinion stated, “There was no need of the jury to infer the weight of usable (marijuana). The Prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form...and presented that as evidence.” Instead the “Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead.” Contact Oakland Press staff writer Carol Hopkins at 248-745-4645 or carol.hopkins@oakpress.com. Follow her on Twitter @waterfordreport. ******************************************************************* Note: Not only was this case dismissed under the guidance of Michael Komorn, but it was dismissed with predjudice which, I believe, means that the prosecution can't even appeal the decision! ******************************************************************* Way to go! Mizerman Quote Link to comment Share on other sites More sharing options...
trix Posted January 18, 2011 Report Share Posted January 18, 2011 HUGE win indeed!! Trix Quote Link to comment Share on other sites More sharing options...
kingofbuds Posted January 18, 2011 Report Share Posted January 18, 2011 i thought prejustice ment that the charges could be brought up again but i have rarely seen that happen. Quote Link to comment Share on other sites More sharing options...
grewett Posted January 18, 2011 Report Share Posted January 18, 2011 Dismissed means can be refiled if prosecutor wishs. Dismissed with prejudice means prosecutor cannot refile. Quote Link to comment Share on other sites More sharing options...
freemannabis Posted January 18, 2011 Report Share Posted January 18, 2011 First Thoughts, upon reading the post?: "With or without prejudice?" Then: "Weeeee-haaaaaahhh! Hat's off to Mr. K and all involved and concerned. We know: EVERY VICTORY (over tyrannical rulers) COUNTS! Still, I have to say, these rather "ambiguos" sounding declarations beg to be addressed further: The court’s opinion indicated that instead of presenting the marijuana in its “processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material.” The opinion stated, “There was no need of the jury to infer the weight of usable (marijuana). The Prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form...and presented that as evidence.” Instead the “Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead.” Congratulations to the accused/defendant/victim .... and, now ... The VICTOR! Much obliged to you for your valant service to our compassionate community of free-spirited souls. Thanks, to ALL. YOU ROCK! ROLL ON! FREE The TREE HARVEST The HEALING Quote Link to comment Share on other sites More sharing options...
freemannabis Posted January 18, 2011 Report Share Posted January 18, 2011 (edited) wouldn't processing it to usable product be tampering with evidence?? great work Michael K. you are a very worthy opponent, keep up the great work I was questioning that statement as well. I also wanted to add, for compassion's sake, Mr. K. has proven to be a very admirable PROponent of Michigan patient/citizen's rights. (Way to ADVOCATE, Michael!) But, I'm certain, at least to "The State's Prosecution," and other anti-freeminded "authorites" working hard (at our great expense) against the will and freedoms of "We The People" of Michigan / America, Mr. K. is indeed a worthy "opponent". Be FREE! SHARE The CURE Edited January 18, 2011 by freemannabis Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted January 18, 2011 Report Share Posted January 18, 2011 Trash .. busting people for trash. And WTF is Oakland county doing in Genesee county with their nazi crap??? Quote Link to comment Share on other sites More sharing options...
bobandtorey Posted January 18, 2011 Report Share Posted January 18, 2011 Medical marijuana case against Clarkston man dismissed in Genesee County Published: Monday, January 17, 2011 By CAROL HOPKINS Of The Oakland Press A case involving medical marijuana found in a barn has been dismissed in Genesee County. The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team (NET) arrested Pointer in October, 2009. Officers found marijuana and growing equipment in Pointer’s barn in Genesee County. Pointer was charged with unlawful manufacture of marijuana contrary to the Medical Marijuana Act. The Oakland County Sheriff’s Office was closed Monday for the Martin Luther King Jr. holiday. Judge Geoffrey Neithercut with Genesee County Circuit Court dismissed the case against Pointer, who had a state medical marijuana card, on Jan. 14, saying the prosecutors failed to show evidence that Pointer had more than 2.5 ounces of usable marijuana. The court’s opinion indicated that instead of presenting the marijuana in its “processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material.” The opinion stated, “There was no need of the jury to infer the weight of usable (marijuana). The Prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form...and presented that as evidence.” Instead the “Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead.” Contact Oakland Press staff writer Carol Hopkins at 248-745-4645 or carol.hopkins@oakpress.com. Follow her on Twitter @waterfordreport. ******************************************************************* Note: Not only was this case dismissed under the guidance of Michael Komorn, but it was dismissed with predjudice which, I believe, means that the prosecution can't even appeal the decision! ******************************************************************* Way to go! Mizerman Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action.[1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not. Quote Link to comment Share on other sites More sharing options...
freemannabis Posted January 18, 2011 Report Share Posted January 18, 2011 Trash .. busting people for trash. And WTF is Oakland county doing in Genesee county with their nazi crap??? Hmm...? Good question. And, speaking of nazis ... I ran across this article while searching for the morning news (while, for the umpteenth time, my MMMA log on attempts were experiencing severe "access denied" syndrome): http://www.artofwarsuntzu.com/Lansing.htm After seeing this archived story, who can help but wonder why these hundreds of armed agents of the State can stand there - facing against an otherwise peaceful public ... while boldly showing police-force "to serve and to protect" the clearly ill-received, self-professed nazis? And, I really have to ask: Why do The State's "Public Servants" never put so much time, force and energy into protecting the NON-nazis of the world? Like all of the The [police-]State's terrorized, abused and afflicted, harmless victims of government oppression - "We The People" A.K.A.: Michigan / America's patient/resident/citizens? FREE The CURE! SHARE The HEALING Quote Link to comment Share on other sites More sharing options...
bobandtorey Posted January 18, 2011 Report Share Posted January 18, 2011 Trash .. busting people for trash. And WTF is Oakland county doing in Genesee county with their nazi crap??? the trash pulls have got to stop Leo have been useing that for 40 years and Oakland County being their i think IMO because they are a task force they can go any were they want Quote Link to comment Share on other sites More sharing options...
herbnurse Posted January 18, 2011 Report Share Posted January 18, 2011 This is why you dont grow in a barn or detached garage.. They only need warrent to go in your residence. Wonder what the pa did as far as the unprocessed marijuana. I bet he just cut up all the plants and tried to claim it was useable... Jackass.. You would think a pa would only be interested in a crime and not have to try and create one. Quote Link to comment Share on other sites More sharing options...
rafaeltoral Posted January 18, 2011 Report Share Posted January 18, 2011 The ignorance of government concerning the intricacies of growing marijuana is frightening. It would seem we need to find 'Expert Witnesses' who can dispel disinformation in the court room. For instance if a prosecutor wanted to pass a giant trash-bag full of dried fan leaves off as 'Usable'. We would need Tommy Chong, or Ed Rosenthal in the court room to state the obvious; Nobody smoke leaves. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.