Pubdate: Tue, 07 Aug 2001
Source: Times-Standard (CA)
Copyright: 2001 The Times-Standard
Contact:  http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: James Tressler

GIAUQUE'S LAWYER ACCUSES POLICE OF RETALIATION

Chris Robert Giauque, known by many for his legal battle with Sheriff 
Dennis Lewis over an ounce of marijuna earlier this year, may be a 
victim of police retaliation, his lawyer J. Bryce Kenney charged on 
Monday.

Absolutely not true, said the sheriff.

Giauque's indoor-marijuana operation in Miranda was raided last week 
by the Sheriff's Department's Drug Enforcement Unit and federal drug 
agents. About 200 plants were seized, along with 107 pounds of dried 
marijuana and 6 pounds of hash from his Miranda residence.

He is now in jail in Marin County on federal drug charges and could 
face 10 years in prison if tried and convicted.

Giauque, 39, a medical marijuana patient, sued the county to get back 
one ounce of marijuana Sheriff's deputies seized from him during a 
traffic stop two years ago. A county judge found the sheriff in 
contempt of court for refusing to give it back. Then Lewis appealed 
to the federal Drug Enforcement Agency, saying that by handing back 
the marijuana he risked violating federal law. In late May, following 
a U.S. Supreme Court ruling that generally bars medical marijuana, a 
federal judge ordered the pot turned over to the state Justice 
Department.

Early last week, Giauque filed a motion in federal court to try and 
get the marijuana back. About three days later, drug agents raided 
his home. Kenney said his office would be investigating to see if 
there's any evidence indicating the arrest was meant as a retaliation 
for this latest court motion.

"The timing seems a little suspect," Kenney said.

Lewis said the lawyer's suspicions are unfounded.

"It's not true," he said. "(Giauque) was arrested for what he was 
doing, which was cultivating marijuana. There's nothing that says 
that we have to forevermore ignore the man."

As far as Giauque's latest court motion, Lewis said it was a waste of 
time because the pot has already been turned over to the Justice 
Department and destroyed.
- ---
MAP posted-by: Josh Sutcliffe