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Marijuana Case Reopens After Prosecutor Asks Judge To Reconsider Evidence


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Back in December, state police pulled over a vehicle for speeding, and the trooper noticed the driver's license was restricted due to a medical marijuana arrest. The trooper asked the driver if there was marijuana in the car, and the driver said there was in the trunk, and it belonged to the passenger, .


The driver mentioned he was in possession of a valid medical marijuana card, and that there was 15 ounces of marijuana in the trunk that belonged to . When showed the trooper the marijuana, the trooper determined there was 18 ounces in the trunk.


Micheal Rola, Otsego County prosecutor, said the defense originally filed a motion to suppress the evidence to Morse, which Rola's office objected to. The court ruled against the objection, but Rola's office filed a motion to reconsideration, citing additional information and why the court was mistaken in its original decision.


“Originally, the court had issued a motion to suppress (the evidence) by the defense. Our office filed, in anticipation of appealing that decision, what's called a motion to reconsideration,” Rola said. “It gives the original trial court an opportunity to revisit the matter and correct what may have been a misinterpretation or misunderstanding of the facts of the law.


“After getting the information we provided, the court decided we were right all along,” Rola added.

Edited by bax
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