Pubdate: Thu, 29 Mar 2001
Source: Press Democrat, The (CA)
Copyright: 2001 The Press Democrat
Contact:  Letters Editor, P. O. Box 569, Santa Rosa CA 95402
Fax: (707) 521-5305
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Author: Clark Mason, The Press Democrat

JUDGE THREATENS MISTRIAL IN POT CASE

The judge in a high-stakes medical marijuana trial suspended proceedings 
and threatened to declare a mistrial Wednesday after a witness castigated 
the prosecutor about his own case.

Sonoma County Judge Robert Boyd said he was troubled by the testimony and 
would decide Monday whether jurors can remain unbiased after what they heard.

Dan Wathen was called to testify about a marijuana buyers' club and two men 
associated with it -- Kenneth E. Hayes and Michael S. Foley -- who are 
charged with marijuana cultivation and possession for sale.

But Wathen also volunteered to the jury that he went to their San Francisco 
club for advice and support in dealing with his own arrest in Sonoma County 
for possession of two pounds of marijuana.

"I was a law-abiding citizen who never had trouble with the law," he said, 
adding that he was worried about becoming a felon.

After many court appearances, the case against Wathen was dropped, but he 
told the jury that prosecutor Carla Claeys contacted his doctor, who 
subsequently changed his mind about approving marijuana for his migraines.

Outside the presence of the jury, Claeys objected vigorously, saying she 
was "ambushed" by the defense.

She said Wathen implied "I fabricated evidence to get his doctor to change 
his story. He's implied I twist facts."

She asked for a mistrial, then dropped her request, although the judge said 
he is considering a mistrial on his own volition.

Boyd said he wants both sides to submit legal briefs on the matter so he 
can determine if the trial can go on.

The trial was in its third week, and Boyd complained about the pace late 
last week, saying there was a risk of losing jurors if it didn't move along 
more quickly.

While Hayes and Foley are accused of illegally profiting from the 899-plant 
operation in Petaluma, they received Hallinan's approval for their cannabis 
club and commendations from the San Francisco Board of Supervisors and 
Mayor Willie Brown.

Wednesday's was not the first mistrial request in the case.

Defense attorneys Nicole DeFever and William Panzer unsuccessfully sought 
one after objecting to testimony by the prosecution's main witness, 
Sheriff's Detective Steve Gossett.
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