Pubdate: Sat, 19 Jan 2002
Source: Appeal-Democrat (CA)
Copyright: 2002 Appeal-Democrat
Contact:  http://www.appeal-democrat.com/
Details: http://www.mapinc.org/media/1343
Author: Harold Kruger
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

JUDGE RELEASES DEFENDANT IN MARIJUANA CASE

Olivehurst Man Freed On His Own Recognizance

An Olivehurst man was released on his own recognizance Friday in Sutter 
County's medical marijuana case.

Steve A. King, 50, pleaded not guilty to two felony marijuana charges.

Judge Chris Chandler released King on the conditions that he not grow any 
marijuana, be searchable at all times for contraband and stay at least 50 
yards from the George Washington Boulevard office where authorities 
recovered more than 130 pot plants, about 5 pounds of processed marijuana 
and $8,600 in cash Monday night.

Assistant District Attorney Fred Schroeder initially asked that King be 
ordered to stay at least 100 yards from that location.

King's San Francisco lawyer, Omar Figueroa, called that a "most unusual 
request. I don't see how that stay-away order is appropriate." He called 
the 100-yard limitation "unprecedented."

Figueroa insisted that "legal marijuana cultivation" occurred at the site.

King, charged with felony marijuana cultivation and felony possession of 
marijuana for sale, returns to court Feb. 27.

"I think when all the facts are in, Mr. King will be completely 
exonerated," Figueroa said in an interview.

The attorney said he had not read any incident reports about the case but 
said he heard that the investigating officers "ignored medical 
documentation that was posted at the cultivation site, and they might have 
left that out of the (search) warrant. That remains to be seen."

Schroeder told Chandler the pot-growing operation was "a medium-sized and 
fairly professional setup" with a "moderate investment of capital."

If King is convicted, Schroeder said, he is unlikely to be sentenced to 
state prison.

King is the caregiver for wheelchair-bound Bonnie Metcalf of the Yuba 
County Compassionate Use Co-op. She suffers from a variety of ailments and 
said she has a recommendation from her doctor to use marijuana for nerve 
and muscle conditions, diabetes and osteoporosis.

Figueroa told Chandler about Metcalf's permit to use medical marijuana. The 
lawyer said he didn't want King's release revoked because he is in the same 
house with Metcalf.

"I'm not going to comment on that situation," Chandler said. "You made your 
statement."

Figueroa's law firm is headed by Tony Serra, a prominent civil liberties 
attorney. According to a 2001 story in Cannibis Culture magazine, Serra has 
represented about 3,000 marijuana defendants.
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MAP posted-by: Terry Liittschwager