Pubdate: Thu, 19 Apr 2001
Source: San Francisco Chronicle (CA)
Section: Pg A-15
Copyright: 2001 San Francisco Chronicle
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
  Author: Pamela J. Podger, Chronicle Staff Writer

SONOMA COUNTY JURY ACQUITS MEDICAL POT FARMERS

Growers Seen As Caregivers In Verdict With Legal Ramifications

Sonoma -- Two men who had been accused of felony drug offenses for growing 
marijuana for a San Francisco medical pot club were acquitted of all counts 
yesterday by a Sonoma County jury.

Kenneth E. Hayes Jr., 33, and Michael S. Foley, 35, grew teary and wrapped 
arms around each other as the verdicts were read.

Hayes, crying with relief outside the Santa Rosa courtroom of Superior 
Court Judge Robert Boyd at the end of the seven-week trial, said it was a 
just conclusion to an almost two-year battle with prosecutors.

"As long as there are sick and dying people, I will continue to serve them, 
" Hayes said.

Defense lawyer William Panzer said the case was a waste of taxpayers' money 
and time. "This was a loser from the get-go and should never have been 
prosecuted," he said.

District Attorney Michael Mullins declined to comment on the verdict, 
saying only that the trial had been needed to determine guidelines for 
cultivation of medical marijuana.

The defendants had argued that their actions were legal given state voters' 
passage in 1996 of Proposition 215, which allows a primary caregiver or 
patient to cultivate and possess cannabis for medical purposes. The statute 
is silent on how the pot should be distributed and has resulted in a 
patchwork of county prosecutions.

Hayes and Foley faced felony charges of marijuana cultivation and 
possession for sale after a May 14, 1999, bust at a rented Petaluma farm, 
where sheriff's deputies found 899 plants, hashish and a rifle.

The men saw political ramifications in the verdict.

"Let this verdict solidify the recall of (District Attorney) Paula Kamena 
in Marin County and let Michael Mullins get the message that unless he 
changes his politics, he is gone also," Hayes said. "Next year, I'll do 
everything in my power to make sure this D.A. is not here."

Kamena faces a May 22 recall election in which the main issue is her 
office's prosecution of medical marijuana-related cases.

Mullins said the verdict indicates the need for legislative clarity on the 
proper distribution channels for medical marijuana.

"The jury has now said that a large growing operation can be a primary 
caregiver," Mullins said. "If that is so, it is imperative we have the 
state Legislature act to tell us how a legal distribution system can be 
devised -- if for no other reason than to protect the grower."

Another defense lawyer, J. Nicole DeFever, said the jurors left "no doubt 
that medical marijuana clubs are legal if managed properly."

"The jury felt it was better for marijuana to be dispensed through a club," 
DeFever said.

Several of the four women and eight men who served on the jury hugged Hayes 
and Foley outside the courtroom.

Juror Chris Walton of Santa Rosa said she never doubted that Hayes was a 
primary caregiver for the 1,280 patients at CHAMP -- Cannabis Helping 
Alleviate Medical Problems -- in San Francisco's Castro neighborhood. 
Prosecutors argued that Foley aided and abetted in illegal drug cultivation 
and sales.

Hayes was the executive director of CHAMP, and Foley managed the dispensary.

"You guys are really serving a need and the laws have to change," said 
Walton, showing obvious delight when she was given a cannabis pin by CHAMP 
supporters.

Juror Donna Lane of Windsor said the trial was a waste of taxpayers' money.

"I never thought Ken was selling cannabis," Lane said. "I thought he was 
doing a good thing."

The trial was far from a routine drug case. The first defense witness was 
San Francisco District Attorney Terence Hallinan, an advocate of medical 
marijuana who said this case would never have come to trial in San Francisco.

Then, midway through the trial, prosecutor Carla Claeys went to a shooting 
range and fired at two silhouettes that someone had marked "DeFever" and 
"Panzer," Mullins confirmed yesterday.

Panzer said he considered that a "terrorist threat." He said he intended to 
notify the State Bar Association and possibly the state attorney general's 
office.

Mullins declined to comment on possible discipline, saying it was a 
personnel matter.
- ---
MAP posted-by: Beth