Pubdate: Tue, 24 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)

MARIJUANA RULING WILL BE APPEALED

Brenda Kratovil settled her marijuana possession case Monday in one legal
forum in order to take it on to another.

Kratovil, 42, of Beach Park, took a felony conviction from Lake County
Associate Judge John Phillips, clearing the way for her lawyers to go to the
appellate court and argue she uses the drug for her health.

She was arrested Sept. 4, 2001, when agents of the Lake County Metropolitan
Enforcement Group found 25 7-foot-tall marijuana plants growing behind her
home at 9905 Oak Forest Lane and seven other plants being dried inside.

Kratovil told police she was growing the plants because smoking marijuana
relieves her pain from a degenerative eye disease. She said she was not
selling marijuana.

Vernon Hills defense attorney David Stepanich attempted to have the evidence
against Kratovil thrown out by arguing her property was illegally searched.

He also tried to convince a judge to instruct jurors in the case they could
exonerate Kratovil if they believed her medical condition gave her no other
choice than to possess the drug.

But Stepanich lost both motions and said Monday he did not want to risk
taking the case to trial and allowing Kratovil to face up to five years in
prison if convicted.

"We are in this posture today because we have effectively been silenced,"
Stepanich said. "We can not come into court and tell the jury what they need
to know because prior rulings have told us to shut our mouths."

Stepanich said he believes it is possible Phillips may have allowed him to
present some evidence concerning Kratovil's use of marijuana as a pain
reliever, but that would have been subject to the filing of more motions and
further hearings.

Assistant State's Attorney Amy Meister Falbe said the state was not
unsympathetic to Kratovil's medical condition, but one of her own physicians
testified at an earlier hearing that prescription drugs and surgery would
probably have brought her greater and longer-lasting relief.

She also questioned Kratovil's claim the marijuana, or cannabis as it is
referred to in court, was strictly for medicinal purposes because in her
house were posters celebrating the marijuana culture and pictures of her son
and other children standing in front of the plants.

"It is obvious that she is suffering, but the law in Illinois does not
recognize that defense at this time," Falbe told Phillips. "The posters and
the photographs show more of the cannabis lifestyle than a medical
necessity."

Both sides met with Phillips behind closed doors to discuss a disposition of
the case, then returned to open court where Kratovil agreed not to contest
the evidence against her and was convicted.

Phillips said both what he heard in the meeting and in court convinced him
Kratovil was not a candidate for prison or jail time, nor was it necessary
for him to sentence her to a period of regular probation.

He sentenced her to one year's conditional discharge, during which she will
not have to report to a probation officer nor comply with some of the more
stringent oversight conditions, such as drug and alcohol testing.

Phillips fined Kratovil $500 and ordered her to perform 30 hours of public
service, which Stepanich said she will probably complete through volunteer
work at her church.

Stepanich said he will appeal the conviction and loss of both motions within
the 30 days allowed by the law.

"The law in this state as it effects situations such as this is archaic and
out-of-date," Stepanich said. "This is an important issue and I believe
there are new ways to interpret the laws."
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