Pubdate: Wed, 08 Dec 2010
Source: Record Searchlight (Redding, CA)
Copyright: 2010 Record Searchlight
Contact:  http://www.redding.com/
Details: http://www.mapinc.org/media/360
Author: Janet O'Neill

ATTORNEYS TO CHALLENGE RULING IN RED BLUFF POT CASE

RED BLUFF -- Attorneys for two Red Bluff men arrested more than a year
ago in connection with an indoor marijuana-growing operation plan to
challenge a ruling that has the case headed for trial in Tehama County
Superior Court, defense lawyer James Silva said Tuesday.

Businessman Joe Froome, 48, and 27-year-old Daniel Ludwig, his
son-in-law, are charged with cultivating marijuana and possession of
marijuana for sale. In addition, Froome is charged with eight counts
of money laundering.

Superior Court Judge C. Todd Bottke on Tuesday ordered proceedings
continued one week for further arraignment. Appearing for both Froome
and Ludwig, Silva said outside the courtroom they would plead not
guilty to the charges next week.

Silva represents Ludwig and William Panzer, Froome's attorney, was not
in court Tuesday. Panzer is a co-author of Proposition 215, the
Compassionate Use Act of 1996.

The Oakland lawyers also will challenge a ruling by Superior Court
Judge John Garaventa, who presided over the preliminary hearing, that
found sufficient evidence in the case to hold the men for trial, Silva
said.

At issue is the judge's contention that state law governing medical
marijuana limits compensation to primary caregivers for providing
cannabis to patients.

Silva and Panzer have maintained their clients were operating a
legitimate medical marijuana cooperative at the time of their arrest
Oct. 21, 2009. Patients poised to testify for the defense during the
preliminary hearing were sent home in light of Garaventa's ruling Oct.
27.

Superior Court Judge Jonathan Skillman recused himself last month
because he was working for the district attorney's office when the
charges were filed.

Agents from the Tehama Interagency Drug Enforcement Task Force seized
402 marijuana plants and more than 30 pounds of drying marijuana at a
Baker Road warehouse at the time of last year's arrests, plus more
than $9,500 in cash from Froome's home.

Froome has produced the West Coast Monster Truck Nationals in Red
Bluff and has served on the Red Bluff Round-Up Association's board of
directors.
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