Pubdate: Tue, 10 Jan 2006
Source: Glenwood Springs Post Independent (CO)
Copyright: 2006 Glenwood Springs Post Independent
Contact:  http://www.postindependent.com/
Details: http://www.mapinc.org/media/821
Author: Donna Gray
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MOTION TO DISMISS FILED IN FOURTH MEDICAL MARIJUANA CASE

Similar Cases Were Dropped Because Of Lack Of Evidence

Charges against a fourth defendant in a medical marijuana case are 
likely to be dropped this week. Deputy District Attorney Scott Turner 
filed a motion to dismiss the case against Justin Brownlee, who is 
charged with various counts of possession of marijuana with intent to 
distribute.

Similar cases have been dismissed against Gene Brownlee, Justin's 
uncle, and Gene Brownlee's ex-wife, Jennifer Ryan, because of 
mishandled evidence. Without the physical evidence prosecutors would 
be unable to prove guilt beyond a reasonable doubt.

On Aug. 2, 2004, the Two Rivers Drug Enforcement Team confiscated 130 
marijuana plants from Ryan and Brownlee's apartment in Rifle. They 
arrested Ryan, the Brownlees and Drew Gillespie for growing and 
selling marijuana.

Gillespie pleaded guilty in December 2004 to conspiracy to 
sell/distribute. He received a deferred sentence and was ordered to 
do 75 hours of public service.

Ryan said she was certified to grow and administer marijuana for 
medical purposes. Gene Brownlee claimed he had cancer, which he 
treated with marijuana.

According to the arrest affidavit, Justin Brownlee told police he 
assisted in the selling of marijuana Brownlee and Ryan grew and also 
obtained marijuana from them for his own use.

Brownlee and Ryan told police they never sold their marijuana to 
anyone without a permit.

According to Colorado law, she could have up to six plants or as many 
as she felt necessary to treat a given medical condition. The law 
also stipulates that the plants taken in evidence must be kept alive. 
However, the TRIDENT officers who seized the plants admitted in court 
they destroyed the plants, keeping only one leaf and pictures for evidence.

Judge Dan Petre will rule on the motion on Thursday, Jan. 12.
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