Pubdate: Sun, 04 Mar 2001
Source: Auburn Journal (CA)
Copyright: 2001 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Gus Thomson, Journal Staff Writer
Related: http://www.kubby.com/

FENOCCHIO DROPS BALDWIN CHARGES

The Kubbys may be abandoning the United States but a Rocklin dentist
whose medi-pot case was also dismissed Friday in Placer County
Superior Court is staying - and digging in for a fight in civil court.

Like the Kubbys, Michael Baldwin and his wife, Georgia, also saw their
marijuana-possession-for-sale case end in a hung jury. Back on May 13,
1999, jurors announced they could go no further after deadlocking 6-6
on a conviction against Michael Baldwin and leaning 7-5 for acquittal
of Georgia Baldwin.

Despite the decision Friday not to pursue a retrial, Michael Baldwin
said he's far from satisfied. As a result of the Sept. 23, 1998,
arrest following a raid that resulted in the confiscation of 146
plants, Baldwin said his practice dried up. Statements made by Placer
County Sheriff's Department describing his indoor garden as a
marijuana growing and packaging operation were particularly damaging,
he said.

"I lost over 1,000 patients overnight," Baldwin said. "That was my
livelihood."

Law enforcement statements will be at the root of the civil court
suit, which will be handled by Kubby defense counsel J. David Nick and
other attorneys, he said.

Baldwin said the decision to not retry the case was a surprise. It was
scheduled to proceed to trial later this month.

"I was fully expecting to go to trial and destroy them in the
courtroom," Baldwin said. "At the first trial, we didn't know what was
going to happen."

Baldwin has moved from Placer County and would consider moving out of
the country if he wins his case and receives compensation for claimed
losses.

"I'd definitely look into it (following the Kubbys' lead and moving to
Canada) because this country is falling apart," Baldwin said.