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. - --- MAP posted-by: Terry Liittschwager