Medical Marijuana Protesters Hurt 70-Year-Old Woman's Case, Says Attorney

[+ProPlayer420]

http://theoaklandpress.com/articles/2011/06/10/news/doc4df1058d19e99605541138.txt?viewmode=fullstory

 

Supporters protesting outside the Oakland County Courthouse during a recent medical marijuana case negatively impacted Barbara Agro’s case, according to her attorney.

 

Jerome Sabbota said jurors in the recent case of Barbara Agro — charged with one count of delivery/manufacture of marijuana, a four-year felony — were approached by the protesters as they walked back into the courthouse.

 

“The judge then brought each juror in after and said, ‘Are you going to follow the law?’” said Sabbota.

 

“The court felt (the protest) was jury tampering. In the end, that hurt Barb.”

 

Oakland County Prosecutor Jessica Cooper said there was an attempt to influence the jury. Some protesters handed a statement to jurors.

 

“Were they able to do (influence the jury)? Apparently not,” said Cooper. “This is a very serious crime and apparently (those tampering) have been identified on video.”

 

Cooper said “hijinks” such as this are not being attempted by “people who are obeying the law.”

 

Agro was convicted on June 8. She could receive up to four years in jail, Sabbota said.

 

Agro, a former Lake Orion police dispatcher, 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 is a registered medical marijuana patient and caregiver. In a previous ruling, Oakland Circuit Judge Wendy Potts granted a motion from prosecutors seeking to preclude Agro from referencing the Michigan Medical Marijuana Act during the trial.

 

“Barb believes the truth did not really come out,” said Sabbota. “There was no reason the jury couldn’t have been told that (she was a patient and caregiver).”

 

Prosecutors said Agro was not charged with using marijuana, but with growing it.

 

Agro will be sentenced July 13. Sabbota said he will appeal the case “as soon as she is sentenced.”

 

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 qualified patients.

 

Sabbota believes law enforcement in general does not want change to occur in drug enforcement proceedings because current laws allow drug finances seized to be divided among police, sheriffs’ and prosecutors’ budgets.

 

“Locals (law enforcement) wouldn’t get the money” if marijuana was legalized, he said.

[peanutbutter]

Barb was denied the ability to use the medical marijuana defense because the front door of the house was unlocked at the time that the police arrived.

 

There is nothing in the law that requires the location to be locked.

 

In fact the area doesn't even have to have locks.

 

The area needs to be EQUIPPED with locks ..

 

OR other security devices.

 

And these locks or other security devices need to be ABLE to refuse access to the area to anyone not qualified to be there.

 

Another note on this section involves the word "permit." That would be where the person gives permission to another. The way it's used here, the security needs to deny permission.

 

What about the law making it illegal to just walk into someone elses home? Like illegal entry? Does that law deny permission for just anyone to walk into the house?

[thanks2]

Sounds like the judge hurt the trial by intimidating the jury.

[+ProPlayer420]

It's beyond me how these judges can take a oath to up hold the law but yet don't respect the law we voters voted in. Anytime we've had law changes there have come warnings to let people know and get used to these laws such as the seat belt law or even the smoking law.People are usually warned of the new law and given a written warnings first. With this law there is no benefit of doubt for the patient to them were all guilty first and patients 2nd and then let the judges sort it out.

[LITLJON]

Hopefully you(Barb)don't have to go through to many more levels of courts before a true judge, and he says it's all b-s. and you have the go ahead for civil action against O.C.

[bobandtorey]

Sounds like the judge hurt the trial by intimidating the jury.

 

 

Thats right they were scared if they would of not found here guilty they all were going to be charged

[bobandtorey]

I was told weeks ago by multiple attorneys the case was lost, because of the inability to present the medical defense. Nice try, blame the patients/caregivers for the persecution of the system. Does Cooper think it's fair to deny patients a defense? Does this attorney think he should get our business? Thanks, bb

 

I think the MMMA has let me down inn this case we all needed to know what you know if you knew two weeks ago you should of told us and had a protest for her IMO

[bobandtorey]

I have been at a loss for words lately, It's like I can't even comprehend what the hell is going on anymore with our MMJ law and our Government. The Barb Agro conviction has physically sickened me to a point where I have trouble even talking about it without wanting to vomit my guts out. I am just fed up with the whole fecking mess, I me Jesus... one don't have to be a rocket scientist to be a stupid azz fecking lawmaker/politician. let's see... here's two scenarios,

 

scenario #1. The Agro case, raids, arrests, murder, conviction and imprisonment of a 70 yo woman for being in violation of the MMMA, you know the story and it's all too familiar tragedies and injustices, OVER A UNLOCKED FECKING DOOR!!

 

scenario #2, This is the rocket science part.... knock knock knock... Hello Mr. Agro, I'm Officer Smith and we understand you may be growing Marijuana inside your home ... may we take a look, here is a copy of the warrant for you to read.......... But Officer I am A medical marijuana patient licensed by the State of Michigan to grow marijuana! Ahhh I see Mr. Agro, sadly though you seem to be in violation of the MMMA in one, if not 2 areas, sadly that places you in violation of the MMMA. You do understand there is a $X amount fine per violation don't you Sir? Here is your ticket Mr. Agro, it explains the fines on the back, please remit pmt in full within 30 days. Thank you Sir and have a nice day!

 

Hmmmm go figure... scenario #2 nobody is FECKING DEAD OVER A DAMNED PLANT!!! IS IT TOO FECKING HARD JUST TO KNOCK AND FECKING ASK? WTF!!!

 

What has this country come to when people sworn to protect and serve us turn their military type assaults and death upon us? Has it become easier to just cause death and torment then to show professionalism and human type behavior? I am ashamed right now to even call myself American!

 

What is being done right now this very instant to free this woman from her terror? Gears better damned well be in motion to do so!

I don't know about everyone else but I'm making my "free Barb Agro" sign this weekend and I'll go to Washington by my fecking self if need be! I'm not going to sit idle and watch them throw her in prison without a proper defense where the jury gets to hear the fecking truth!

 

Thanks i agree

[bobandtorey]

We need to have another Rally at that court house A.S.A.P

[The Digital Nomad]

it wasn't over an unlocked door, they were being raided, LEO had WARRANTS. They were going to enter - regardless if anyone was home, regardless if the door was unlocked or not.

They were being raided over their parcipation in the dispensary. She and Agro had their money and meds taken because they were helping their son's business, the dispensary.

 

I know it gets confusing as people pick up the story part way, or others try to explain one part of the story. I don't want new patients to be afraid to grow plants, or obtain meds. This is more of a warning about parcipating in a dispensary type business.

 

-DN

[The Digital Nomad]

now, the issue - did we help or hurt Barbara's case? I think people will make their own decisions, based on many things, not just one.

Some people might vote negative - if they did not like being approached as they entered the courthouse. People can make negative prejudice about people by their clothes or presentation - not even a word they said.

 

I suppose it can go either way. When I showed up for the court rallies it was for supporting the defendants, good press - not any attempt to influence or intimidate potenital jurors or witnesses. I would still do court house appearances in show of support.

 

-DN

[The Digital Nomad]

BB - you and I were at the protest at the Oakland County Court house, it was cold that day - the near end of fall.

 

We showed up expressly for the purpose of standing for the rights of all patients and CGs, our signs and speeches were about Bouchard, cooper, and Brooks, and their actions against the will of voters. No one defendant was named, except Sal Agro who died.

 

Its a cop-out by the lawyer, who lost his case. I do hope it is grounds for mistrial, but then its another trial.

 

We should still protest at court houses all over michigan, for the rights of everyone.

 

-DN

[The Digital Nomad]

A conviction for manufacturing, creating, delivering, or

possessing with the intent to manufacture, create, or deliver less

than 5 kilograms or fewer than 20 plants of marijuana is a felony

punishable by imprisonment for not more than 4 years, a fine of

not more than $20,000, or both.

 

Lets hope the judge gives the minimum - o days.

 

new doc for ya PB -

http://www.courts.michigan.gov/mji/resources/csbb/Controlled-Substances.pdf

 

-DN

[Hempcheff]

"Agro, a former Lake Orion police dispatcher"

 

Pretty sad when they will attack their own.

 

But for OC, its one less benefit package they have to pay, eh?

[Kingdiamond]

No more than nitpicking the law to follow your own agenda and not the written law ya wanna hear something funny?

 

Bouchard was on fox 2 last night regarding the helmet law he said i quote government has no right to affect the will of the people i don't like when government interferes with the rights of the people

 

I about puked i was so angry what a hypocrite .

[The Digital Nomad]

No more than nitpicking the law to follow your own agenda and not the written law ya wanna hear something funny?

 

Bouchard was on fox 2 last night regarding the helmet law he said i quote government has no right to affect the will of the people i don't like when government interferes with the rights of the people

 

I about puked i was so angry what a hypocrite .

 

OMFG! Let me guess - HE RIDES a motorcycle.

 

-DN

[The Digital Nomad]

"Agro, a former Lake Orion police dispatcher"

 

Pretty sad when they will attack their own.

 

But for OC, its one less benefit package they have to pay, eh?

 

yes, because of the felony conviction, she loses her pension.

 

-DN

[Kingdiamond]

OMFG! Let me guess - HE RIDES a motorcycle.

 

-DN

http://www.myfoxdetroit.com/dpp/news/huel_perkins/let-it-rip-romney-helmets-seatbelts-20110609-wpms

 

" I think the government needs to get out of the way if your an adult"

 

Yes please get out of our way!

[bobandtorey]

Bottom line, this lawyer knew he was screwed. He does not want us at any of his trials. He has said that he will have us arrested if we show up. He lost, so he is protecting his ego and his career. So make sure the lawyers want you there. Jessica Cooper is trying to make the case that the first amendment is a bad thing. She is arguing that the thousands that stood outside the OJ trial were jury tampering. There is no difference. Political free speech is protected. There is no constitution in Oakland County.

 

if her Lawyer did not want the protester their then why was her son their passing out signs

[bobandtorey]

A conviction for manufacturing, creating, delivering, or

possessing with the intent to manufacture, create, or deliver less

than 5 kilograms or fewer than 20 plants of marijuana is a felony

punishable by imprisonment for not more than 4 years, a fine of

not more than $20,000, or both.

 

Lets hope the judge gives the minimum - o days.

 

new doc for ya PB -

http://www.courts.mi...-Substances.pdf

 

-DN

 

Thanks we now have the Redden Law?

[peanutbutter]

I have come to understand that the activity in Oakland county may be being directed by COA judge O'Conell.

 

As I understand it .. he has undermined the justice system there by asking the courts there to do everything the courts can to prevent the MMMA from being presented to a jury.

 

These instructions were given at a special meeting where only judges and PAs were invited to attend.

[bobandtorey]

Here is the message from her attorney Bob. Thanks, bb

"My two cents there were protesters outside prior to closing passing out literature and with mma signs. Judge voir dire each individual juror and extracted a promise to follow the law talked to them afterward it backfired. Should have left it alone"

This was posted by Jerry Sabbota on a different listserv.

If anyone knows the muffin makers who were passing out these flyers, let them know that they caused this conviction.

If these people show up at the Clinical Relief trial I will ask to have them arrested! I don't care who they are.

Please tell them that, for me.

 

he is saying he will have her son arrested because they were the ones that passed out the signs and his Mom knew it also

[trix]

“Were they able to do (influence the jury)? Apparently not,” said Cooper. “This is a very serious crime and apparently (those tampering) have been identified on video.”

 

 

Was I the only one that read that?

 

So what are they saying they are gonna go after the people that were at her case that day ?

 

 

Trix

 

P.s. This kinda crap is why people don't show up to support most cases. Round of applause for her Lawyer for blaming the people that her family invited to protest.. what a hell of a guy!!!

[+ProPlayer420]

Was I the only one that read that?

 

So what are they saying they are gonna go after the people that were at her case that day ?

 

 

Trix

 

P.s. This kinda crap is why people don't show up to support most cases. Round of applause for her Lawyer for blaming the people that her family invited to protest.. what a hell of a guy!!!

Anything easy for Dooper Cooper, I suspect YES! I don't think she knows how to prosecute real criminals.

[Guest Happy Guy]

Was I the only one that read that?

 

So what are they saying they are gonna go after the people that were at her case that day ?

 

 

Trix

 

P.s. This kinda crap is why people don't show up to support most cases. Round of applause for her Lawyer for blaming the people that her family invited to protest.. what a hell of a guy!!!

Most likely her lawyer is trying to fight an obstruction of justice case coming down on him from the attempt to taint the jury. He is covering his arse because he wants to continue to practice law. You should listen to your attorney and not try to bust some moves behind his/her back. You need to be a team to win a case.