Bad Axe Pot Case To Be Heard In Circuit Court

[bobandtorey]

BAD AXE — A 46-year-old Livonia man will face a charge of manufacturing marijuana following a ruling late Friday by District Court Judge David B. Herrington.

 

The conclusion of the preliminary examination resumed Friday in district court, where Jeffrey Ellis was facing a manufacturing marijuana charge and a felony firearms charge. Both charges stem from a September 2009 bust at a rental home located on W. Huron Avenue in Bad Axe.

 

After hearing testimony presented by the prosecution, Herrington ruled there was sufficient evidence to bind Ellis over to circuit court for a trial on the marijuana charge only.

 

yld_mgr.place_ad_here("B300");Testimony from Gerald L. Green, Ellis’ brother-in-law, who lived at the W. Huron Avenue home in 2009, revealed the firearm police found in a bedroom of the home during the raid was Green’s, not Ellis’.

 

Green told Huron County Assistant Prosecutor Michael H. Schuitema that he was given the “deer hunting rifle” by his father. He also testified he was aware of the marijuana growing operation in the basement of the home, but he had no involvement.

 

“The room was locked all the time,” said Green. “I had no interest in it. It (the marijuana) was for my sister (who was ill and has since passed away). Whatever helped her.”

 

But despite his testimony that the door to the basement was “always locked” where the marijuana was being maintained and harvested by Ellis, Green testified he never tried to open the door or go into the basement.

 

 

http://www.hurondailytribune.net/articles/2011/06/14/news/local_news/doc4df74db8aadb0462707154.txt

 

Whether the door to the basement was locked was pivotal during the preliminary examination. Michigan’s Medical Marijuana Act requires all caregivers to keep the marijuana they grow in a locked room.

 

Bad Axe Police Chief David Rothe testified Friday that “no locking mechanism” was found on the door at the time of the raid.

 

“He was a caregiver for four people, but had 85 plants — that’s too many,” said Schuitema, asking Herrington to bind the matter over to circuit court. “All 85 plants found by Chief Rothe had leaves and root systems as seen in the photos, 68 plants analyzed by the Michigan State Police determined them to be marijuana.”

 

Rothe testified at the May 18 preliminary examination that the police department did check Ellis’ caregiver cards and they were valid. In total, five cards were valid. Caregivers are allowed up to 12 marijuana plants per patient, and when asked whether police would have arrested someone who had one card and 12 plants, Rothe said no.

 

Testifying Friday afternoon were Sgt. Michael H. Anderson, who was police chief at the time of the raid. Anderson was one of the first people in the door, on which Officer Shawn Webber used a battery ram to get inside the home. At one point during the raid, Anderson video recorded rooms inside the home while officers were seizing the marijuana and growing equipment.

 

Anderson’s video, which he narrated, was shown during the preliminary examination Friday.

 

Reporter Kim Russell, from WEYI TV-25, also testified Friday. Russell was questioned about her interview with Ellis following the bust.

 

“He said he was a medical marijuana caregiver,” said Russell. “He said he wanted to help some of his friends and his wife who had Lupus.”

 

She also said Ellis told her the Bad Axe Police claimed he had too many plants.

 

“He said he did not,” said Russell.

 

Ellis’ attorney, Michael Komorn, of Southfield, argued Friday the marijuana charge should be dismissed due to the fact that Ellis is a caregiver registered with the Michigan Department of Community Health and his compliance with the law made him immune to arrest, prosecution and any penalty under the law.

 

Herrington determined through testimony by Rothe that the doors to the growing operations were not locked, which he determined to be a clear violation of the Michigan Medical Marijuana Act. He said Ellis was in compliance with the act to some degree, but the level of compliance is a question for the trier of fact.

 

While Herrington determined there was sufficient evidence to bind Ellis over to circuit court on the marijuana charge, he dismissed the felony firearms charge.

 

“There was insufficient evidence for the court to conclude Mr. Ellis knew the rifle was in this location,” said Herrington, who set a July 6 date for Ellis to be arraigned on the charge of manufacturing marijuana.

 

The September 2009 bust was a result of an investigation conducted by the Bad Axe Police Department after an anonymous tip was given to the Oakland Sheriff’s Department, which passed on the tip to Bad Axe police in August 2009.

 

A lengthy investigation followed, and in April 2010, Bad Axe police filed a warrant request seeking charges against Ellis. Charges weren’t officially filed, however, until nearly a year later.

 

The magistrate authorized a warrant for Ellis’ arrest March 25, and Ellis turned himself in March 29 without incident. He was arraigned April 13 in Huron County District Court, where a not guilty plea was entered by the court on behalf of Ellis.

 

The preliminary exam began May 18.

 

The maximum penalty for manufacturing of marijuana is four years in prison and/or fines up to $20,000.

 

Though Bad Axe police filed warrant requests seeking charges against Ellis and two other men — one from the Livonia area and one from Whitmore Lake — in April 2010, only Ellis has been charged in connection to the Sept. 25, 2009 bust.

 

 

[1337Gr33n]

BAD AXE —

The September 2009 bust was a result of an investigation conducted by the Bad Axe Police Department after an anonymous tip was given to the Oakland Sheriff’s Department, which passed on the tip to Bad Axe police in August 2009.

 

mmhmm. stinking prowlers.

 

there are several problems with all of this. the police are just looking to make case law ASAP. sometimes i wonder if other people in the movement push people in the movement to become test cases for the movement. paranoid much?

 

i would love for the HR1983 law to go through and nullify this case.

[Estimated Prophet]

Boycott Bad Axe!

[Willy]

screw that .. class action suit against the state of michigan for failing to comply with the will of the people, for not impplementing the law as it was meant to be.

[Dr. Bob]

Police used a ram to get into the house= good evidence that it was secured.

Courts questioned the grow room not being locked as well= lock the grow room and there is no problem.

Plant counts off, any way you look at it sounds like he was 12 over= keep plant counts right.

 

First two should be no problem at trial, #3 is a little tougher.

 

Positive, take home message

 

We learn they want the door to the grow room locked, so lock it.

We learn they want plant counts right, so make it so.

We see the court is allowing the jury to decide if the MMJ defense will fly rather than forbidding it due to the plant counts and locks, this is a positive change in direction.

 

Good luck trooper, we are pulling for you.

 

Dr. Bob

[Guest Medicinal Patient]

mmhmm. stinking prowlers.

 

there are several problems with all of this. the police are just looking to make case law ASAP. sometimes i wonder if other people in the movement push people in the movement to become test cases for the movement. paranoid much?

 

i would love for the HR1983 law to go through and nullify this case.

 

I will say that I know there is corrupt card holding people in this program who would intentionally sell someone else down the river for the sole purpose of greed. I am ashamed to say I know of a cardholder who was trying to get a loan from a cg who had a very large accident settlement and the plan was to get a large loan and then get that person busted to avoid having to repay the loan. How sick is that! Be careful who you do biz with, who you are friends with, and more importantly stay legal in all aspects of your life!