Pubdate: Tue, 10 Jun 2003
Source: Daily Herald (IL)
Copyright: 2003 The Daily Herald Company
Contact:  http://www.dailyherald.com/
Details: http://www.mapinc.org/media/107
Author: Tony Gordon
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

JUDGE SAYS DRUG WASN'T A MEDICAL NECESSITY

Jurors in the upcoming marijuana possession trial of a Beach Park woman will
not be allowed to exonerate her simply because she believed the glaucoma she
suffers from gave her no other choice than to possess the drug.

Circuit Judge Mary Seminara Schostok ruled against Brenda Kratovil's request
to have the jury consider a so-called "medical necessity" defense. Schostok
said she believes the marijuana may not have been necessary.

Monday's ruling came after two days of testimony during which Kratovil's
doctor testified he believes laser surgery would relieve suffering from the
progressive eye disease. Kratovil also testified eye drops alleviated some
of the pain.

"To qualify for a medical necessity, the defendant must prove that the
marijuana was the sole viable alternative available," Schostok said. "I do
not find that to be the case after hearing her doctor talk about surgery as
an alternative, and the defendant claiming that she finds some relief in
legal medications."

Kratovil was arrested in September 2001 after police found 25 7-foot-tall
marijuana plants growing in her back yard at 9905 Oak Forest Lane. Several
more plants were found drying inside the house.

After 40 surgeries in 22 years for glaucoma and related eye disorders, she
is virtually blind.

Defense attorneys David Stepanich and Greg Nikitas asked Schostok to
consider medical research showing smoking marijuana relieves pressure inside
the eyes of glaucoma patients; reduced pressure means less pain.

Seven states and Canada allow medical exemptions to marijuana laws under
certain circumstances for people who suffer from glaucoma. Illinois is not
one of those states.

One of Kratovil's physicians, Dr. Michael Savitt of Gurnee, said Kratovil is
part of a very small percentage of glaucoma patients whose condition is so
severe, she could gain about three hours of pain relief by smoking a single
joint.

However, he said he had advised her that undergoing laser surgery would
probably bring her longer-lasting relief. She had rejected that option.

"It is not unreasonable for Brenda to have decided against surgery," Savitt
said. "She has suffered considerable discomfort and many disappointments
from prior procedures."

Testifying on Monday, Kratovil said a physician she consulted before
becoming Savitt's patient had given her three eye drop medications around
the time of her arrest that were successful in relieving some of her pain.

"Until the legislature sees fit to enact the laws such as those existing in
other states, the defendant's request is not an option for the court," said
Assistant State's Attorney Amy Meister Falbe. "Laser surgery is available
and it remains an option."

Kratovil faces up to 15 years in prison if convicted at the trial scheduled
for June 23.
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