Jump to content

Jury Convicts 70-Year-Old Lake Orion Woman In Marijuana Case

ProPlayer420

Recommended Posts

  • Replies 162
  • Created
  • Last Reply
bobandtorey Advanced Member

bobandtorey

Posted
Posted

Somehow ... Someway this needs to get back

 

on topic please ...

 

Jury Convicts 70-Year-Old Lake Orion Woman In Marijuana Case

 

This Family does'nt need to read this thread ...

 

How is this helping her or her Family ?

 

God ... I 'm sure they could use some support ...

 

All the energy your using here could be spent

calling her to let you know you do care or

doing something to help w/ some extra spending cash ...

 

Is there some sort of place where people could send her

a little cash to help brighten her day ?

 

I could'nt imagine the pain she is dealing with right Now ...

 

How you would feel if this was happening to You ...

 

I don't know how much fighting i would have at 70 years old ...

 

Plus I know first hand how it Feels like to know the Truth

and Not Allow the Jury to hear the Truth ...

 

Our System is Failing ....

Thanks i spook to her right after court and to her son's inn the hall way and told her how sorry we and the MMMA was for her let all hope that they don't use her any more because if she go's to jail it will be real hard for her

i have her phone # i will give her a call and tell her if she needs any thing to let us all know

Link to comment
Share on other sites
drtarzanmd Advanced Member

drtarzanmd

Posted
Posted

Thanks i spook to her right after court and to her son's in the hall way

and told her how sorry we and the MMMA was for her let all hope that

they don't use her any more because if she go's to jail

it will be real hard for her i have her phone number i will give her a call

and tell her if she needs any thing to let us all know

 

 

Thanks " bobandtorey "

 

Please keep Us Updated ...

 

I know first hand what it feels like to go

to prison for a Crime i Did Not do and

it took 30 months before the court of appeals

over-turned my conviction to a misdemeanor ...

 

By then it was too late to sue them ....

Our Justice System suks ...

 

My heart goes out to her and her Family ...

 

Im a firm believer , What Comes Around Goes Around ...

Link to comment
Share on other sites
  • 1 month later...
ProPlayer420 Advanced Member

+ProPlayer420

Posted
  • Author
Posted

http://www.themorningsun.com/articles/2011/07/12/news/doc4e1ca502f0029503679008.txt?nstrack=sid:4829383

 

Woman, 70, faces sentencing on marijuana charge

 

A 70-year-old former Lake Orion police dispatcher is due back in court Wednesday to be sentenced on a drug charge.

 

Barbara Agro worked as a receptionist at a medical marijuana dispensary in Ferndale called Clinical Relief. When the facility was raided on Aug. 25, 2010, Agro told deputies that she had marijuana plants growing at her home in Lake Orion. Deputies searched the house and found 19 marijuana plants and other items.

 

Agro was convicted last month of one count of delivery/manufacture of marijuana, a four-year felony.

 

In 2008, Michigan voters approved a ballot proposal that included physician-approved use of marijuana by registered patients with debilitating medical conditions and allowed registered individuals to grow limited amounts of marijuana for patients.

 

Medical marijuana has become a hot-button topic. Some say the laws surrounding the use of the substance remain murky.

 

Agro has said she has health problems and uses marijuana as medicine, but she and her attorney were precluded by a judge’s ruling from referencing the Michigan Medical Marijuana Act during the trial.

 

The case is before Oakland Circuit Judge Wendy Potts.

Link to comment
Share on other sites
Silverblue Advanced Member

+Silverblue

Posted
Posted

The way I remember it, without reading the whole thing over, but recalling what Michael told me last week, hoping my memory is accurate:

 

They tampered with the document she signed, which is FORGERY, and they made an excuse to deny her use of the medical defense, too. this is OBSTRUCTION OF JUSTICE. That judge is an azzhole, should be dismissed, ESPECIALLY because she THREATENED the jurors with JAIL if they didn't convict her! That's the way I remember the story. This case should NEVER have come into court, so I declare a mistrial and CASE DISMISSED! It's OBVIOUS! I'm no lawyer but I sure wanted to be. I wish I could be at her trial to support her. She deserves to be FREE! They killed her husband, I'll NEVER forgive them for that, and will NEVER forgive them for all the people they killed and for all the lives they ruined! FOR A PLANT! A wonderful, healing PLANT that's NEVER killed anyone!

 

I hope enough people attend her trial, please be there for her.

 

Sb :(

Link to comment
Share on other sites
ccpulsipher Advanced Member

ccpulsipher

Posted
Posted

so is she still going to appeal the decision or is it that they are just trying to get the convection on the books so they can use it in the future anyway you look at i am glad she is not going to do any jail time at all. My heart goes out to her. and im so happy this is done for her and her family

Link to comment
Share on other sites
sunshine6 Newbie

sunshine6

Posted
Posted

awesome!!!!! i was praying for her the whole time, it worried me that they may lock her up to prove one of their worthless points.

I want to thank all of the members here for their great support at my recent trials in the Oakland County Court system. Someone on here asked if anyone knew me, I am usually silent on here but am a supporter of all that you people do and your great posts have been comforting to me when I was down. I just wanted to thank you all for that support. I have remained silent but want everyone to know that I am going to post a letter that I have had on my computer since last December so you will know of more of the prosecutors little tricks. Beth Hand is an evil person. I can usually try and see the good in every person but there is no good in that person. I know she is trying to advance herself in some way politically, but I hope it doesn't happen. I was not able to use the MMJ defense because my house was not locked at the time of the raid. Sal had left in a hurry, just grabbed his keys and ran to my sons house that was being raided, they had a gun to my daughter in laws head, and was threatening to shoot the brown lab, they found absolutely nothing in his home during that raid. By the time Sal returned to our house (I was still at the clinic)the raid was progressing at our house. I had 17 live plants in the basement and two dead ones on a locked deck 6 ft off the ground. no access from the outside. When they raided Clinical Relief they read me my Miranda rights and told me to make a statement regarding what I had at my home. I wrote my name and told them I had 17 plants growing, two dead on the deck, that I was a patient and a caregiver for 5, Sal was a patient and caregiver for 1, so I could legally have more than 70 plants. They produced this evidence in Court..first paragraph I had 17 plants growing in my basement...but whited out the next paragraph that said I was a patient/caregiver and Sal was also..this is the type of tactics used in Oakland County Courts and the judge let them get away with it. Also she told the jury if you have any questions just write them down and I will answer them. THREE JURORS asked in a note if I was a medical marijuana patient and she looked them in the eye and said "Im sorry I can't answer that question". I will try and post a letter that I would like for you all to read, and when I say Oakland County is a POLICING FOR PROFIT county. Thank you again all of you, for making me feel like someone has my back, since I lost that guy of 45 years last September that always was there for me. Barb

Link to comment
Share on other sites
sunshine6 Newbie

sunshine6

Posted
Posted

I want to thank all of the members here for their great support at my recent trials in the Oakland County Court system. Someone on here asked if anyone knew me, I am usually silent on here but am a supporter of all that you people do and your great posts have been comforting to me when I was down. I just wanted to thank you all for that support. I have remained silent but want everyone to know that I am going to post a letter that I have had on my computer since last December so you will know of more of the prosecutors little tricks. Beth Hand is an evil person. I can usually try and see the good in every person but there is no good in that person. I know she is trying to advance herself in some way politically, but I hope it doesn't happen. I was not able to use the MMJ defense because my house was not locked at the time of the raid. Sal had left in a hurry, just grabbed his keys and ran to my sons house that was being raided, they had a gun to my daughter in laws head, and was threatening to shoot the brown lab, they found absolutely nothing in his home during that raid. By the time Sal returned to our house (I was still at the clinic)the raid was progressing at our house. I had 17 live plants in the basement and two dead ones on a locked deck 6 ft off the ground. no access from the outside. When they raided Clinical Relief they read me my Miranda rights and told me to make a statement regarding what I had at my home. I wrote my name and told them I had 17 plants growing, two dead on the deck, that I was a patient and a caregiver for 5, Sal was a patient and caregiver for 1, so I could legally have more than 70 plants. They produced this evidence in Court..first paragraph I had 17 plants growing in my basement...but whited out the next paragraph that said I was a patient/caregiver and Sal was also..this is the type of tactics used in Oakland County Courts and the judge let them get away with it. Also she told the jury if you have any questions just write them down and I will answer them. THREE JURORS asked in a note if I was a medical marijuana patient and she looked them in the eye and said "Im sorry I can't answer that question". I will try and post a letter that I would like for you all to read, and when I say Oakland County is a POLICING FOR PROFIT county. Thank you again all of you, for making me feel like someone has my back, since I lost that guy of 45 years last September that always was there for me. Barb

Link to comment
Share on other sites
Guest knucklehead bob

Guest knucklehead bob

Posted
Posted

Not confirmed as of yet as far as I know but, Judge also gave Barb 20 hrs community service working in the area of MEDICAL MARIJUANA!!!!! She is required to help with medical marijuana.

 

oh...The irony

 

I think it was 120 hrs. community service .

Link to comment
Share on other sites
GregS Advanced Member

GregS

Posted
Posted

Agreed. This is an underhanded way to get decisions on the books that they can refer to down the road. For that they let her off the hook for a light sentence (congratulations). But we have to consider that she should not have received any sentence at all.

Link to comment
Share on other sites
Guest Happy Guy

Guest Happy Guy

Posted
Posted

Agreed. This is an underhanded way to get decisions on the books that they can refer to down the road. For that they let her off the hook for a light sentence (congratulations). But we have to consider that she should not have received any sentence at all.

The judge didn't let it be medical, so no precedent at all. Just a waste of time and money by a kookoo judge. Sometimes stupidity just looks underhanded....

Link to comment
Share on other sites
kry0fan Newbie

kry0fan

Posted
Posted

I HAVE BEEN FOLLOWING THIS CASE. I AM A LAWYER ALTHOUGH NOT LICENSED IN MICHIGAN.

 

IN A TRIAL, THERE IS LAW AND THERE IS FACT.

 

THE JUDGE IS THE TRIER OF LAW AND THE JURY IS THE TRIER OF FACT.

 

MMJ MUST BE KEPT IN A LOCKED FACILITY. THAT IS LAW. IF THERE IS A QUESTION AS TO WHETHER THE FACT THAT THE HOUSE WAS LOCKABLE BUT NOT LOCKED WHEN THE POLICE GOT THERE, THAT IS A QUESTION OF INTERPRETATION OF LAWS, AND THAT IS THE SOLE DOMAIN OF THE JUDGE.

 

NOW, IF THERE IS A QUESTION AS TO WHETHER THE HOUSE WAS LOCKED OR UNLOCKED, THAT IS A QUESTION OF FACT AND HAS TO GO TO THE JURY, ALONG WITH THE ISSUE OF THE MMJ LAW ITSELF.

 

SO THE REASON THAT THE JURY NEVER GOT THE MMJ LAW WAS BECAUSE EITHER THE DEFENSE STIPULATED (AGREED) THAT THE HOUSE WAS UNLOCKED OR THAT THEY HAD CONFESSED TO THE POLICE THAT THE HOUSE WAS UNLOCKED AND THAT CONFESSION WAS VIDEOTAPED SO THAT THE JUDGE COULD SAY THAT NO REASONABLE PERSON COULD FIND THAT THE HOUSE WAS LOCKED.

 

SO THE ONLY FACT FOR THE JURY WAS THE ISSUE OF WHETHER IT WAS MJ OR NOT AND WHETHER IT WAS IN THEIR CONTROL.

 

OF COURSE THIS MAY HAVE BEEN A PLEA BARGAIN. IF THIS WENT A JURY HOWEVER IT WOULD SEEM THAT THE FACT OF THE LOCKED DOOR AND THE MMJ DEFENSE WAS NEVER GIVEN TO THEM BECAUSE THERE WAS NO ISSUE OF FACT AS TO WHETHER THE HOUSE WAS LOCKED.

 

NOW MANY CONFESSIONS ARE MADE AT ARREST AND THEN DENIED AT TRIAL. WHY WAS THIS NOT DONE HERE? WHY DID THE DEFENSE ATTY NOT JUST DENY THE CONFESSION OR ARGUE IT WAS COERCED AND THEN ASK THAT THE JURY BE ALLOWED TO DECIDE ON WHETHER THE HOUSE WAS UNLOCKED. THAT WOULD AT LEAST GIVE THE JURY A CHANCE TO NULLIFY.

 

WELL, THE CONFESSION WAS PROBABLY WELL ESTABLISHED, AND THE DA WAS PROBABLY THREATENING TO ASK FOR A MULTIYEAR SENTENCE.

 

WHAT THE DEFENSE LAWYER SHOULD HAVE DONE IS TRY TO GET ANOTHER JUDGE TO INTERPRET THE LAW TO SAY THAT THE FACILITY MUST BE LOCKABLE BUT NOT ALWAYS LOCKED. AFTER ALL, EVERY FACILITY MUST BE UNLOCKED FOR SOME PORTION OF TIME. IT IS A COMMON THREAD IN LAW THAT COMPLIANCE WITH THE LAW MUST BE SUBSTANTIAL BUT NOT STRICT LIABILITY. IN ORDER WORDS, IF YOU COMPLY WITH THE LAW SUBSTANTIALLY BUT HAVE AN UNAVOIDABLE LAPSE THAT IS OK.

 

I THINK THE DEFENSE ATTY SHOULD HAVE TRIED FOR AN INTERLOCUTORY APPEAL--THAT IS, ONCE THE TRIAL JUDGE RULED AGAINST YOU ON THE LOCKED ISSUE, APPEAL RIGHT AWAY TO THE HIGHER COURT.

 

MAYBE THERE WAS NO APPEAL AND WILL BE NO APPEAL BECAUSE OF LACK OF MONEY.

 

DID THIS CASE ACTUALLY GO TO THE JURY OR WAS THERE A PLEA BARGAIN?

 

ALSO, NONE OF MY POSTS HERE SHOULD BE CONSTRUED AS LEGAL ADVICE.

Link to comment
Share on other sites
kry0fan Newbie

kry0fan

Posted
Posted

I was not able to use the MMJ defense because my house was not locked at the time of the raid.

 

 

BUT WHO SAID YOUR HOUSE WAS UNLOCKED? IF YOU ARGUED AT TRIAL THAT YOUR HOUSE WAS LOCKED, THAT FACT WOULD HAVE TO BE DETERMINED BY THE JURY, AND THEY WOULD HAVE HAD TO GET THE FACT THAT YOU WERE AN MMJ PATIENT. AT LEAST THAT IS MY UNDERSTANDING OF IT, ALTHOUGH I AM NOT A LAWYER LICENSED IN MICHIGAN, AND NONE OF MY POSTS HERE SHOULD BE CONSTRUED AS LEGAL ADVICE.

 

 

 

DID THE JUDGE DECIDE THAT THE HOUSE WAS UNLOCKED?

 

DID YOU TELL THE JUDGE THE HOUSE WAS UNLOCKED

Link to comment
Share on other sites
Michael Komorn Advanced Member

Michael Komorn

Posted
Posted

Prior to the trial the defense attorney had moved to dismiss pursuant to section 4/8. The Court denied the motion and made a finding that the house was unlocked. Then later granted the Prosecutors motion in limene to not allow the mentioning of the mmma. This was a jury trial. There was no plea. I saw the closing arguments and this was a jury trial.

 

My problem with the result of this case, albeit a good sentence is that she has a felony. She got a light sentence because according the Oakland county she is a felon who is not a bad felon, but still felon. Medical Marihuana is not recognized still in Oakland county. The branding as a felon is not appropriate, Oakland county knows this. If Barb Agro is a felon, then they have good precedent to continue their crusade (Jessica Coopers own words) against medical marihuana. After this case, and probably the basis of the appeal, People v. Anderson came down from the court of appeals. This case directs the court how to analyze the prima fascia showing of what must be established by a patient to present the medical marihuana defense to a jury.

 

This of course is all none-sense because if you look at the referendum language, the last paragraph of the initiative on the ballot, clearly says, "registered and unregistered patients and caregivers shall have a defense to any marijuana prosecution.

 

Barb Agro was a registered patient. She read the referendum, voted for it, and believed that she would never be prosecuted, but if she was that she would have a medical marihuana defense. Now she is a felon on probation, doing community service for something the state and her doctor approved.. This picture is still askew.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
×
×
  • Create New...