Pubdate: Fri, 11 Jun 2010
Source: Daily Sentinel, The (Grand Junction, CO)
Copyright: 2010 Cox Newspapers, Inc.
Contact:  http://www.gjsentinel.com/
Details: http://www.mapinc.org/media/2084
Author: Paul Shockley

GRAND JURY TO TAKE ON CASE OF MEDICINAL POT GROWING

District Attorney Pete Hautzinger said Thursday that  two of his
deputies are presenting evidence to a Mesa  County grand jury in the
investigation of a local,  large-scale, marijuana-grow operation.

Hautzinger didn't identify the grand jury's target but  said the
enterprise in question is "claimed to be for  medical marijuana
purposes under Amendment 20."

"I asked if they (grand jury) were interested. They  said they were,
and the investigation is active and  ongoing," said Hautzinger, adding
the panel was seated  earlier this year. He declined further comment.

Since late May, Hautzinger has said he was undecided on  whether
criminal charges would be filed related to a  March 9 raid by Western
Colorado Drug Task Force  Officers at a pot-grow operation owned by
Sid  Squirrell, a local developer and commercial Realtor  with Bray &
Co., who also owns the building where the  grow was found at 573 W.
Crete Circle.

Squirrell at the time told an officer that the  marijuana, 1,080
plants at various stages of growth,  was being grown for Naturals, A
Wellness Center, a  dispensary at 624 Rae Lynn Drive, according to a
search  warrant affidavit.

Task Force officers obtained a seizure warrant for  photocopies of
approximately 308 of Naturals' patient  files, which were found at the
Crete Circle building.

Officers said in the affidavit they needed the  information to help
determine "who the primary  caregiver is" for each patient, the
affidavit said.

Squirrell was among six people acting as a primary  caregiver for
Naturals, while Amendment 20 identifies  such a person as someone
other than the patient's  physician, 18 or older, "who has significant
  responsibility for managing the wellbeing of a patient  who has a
debilitating medical condition."

Squirrell has not returned calls and requests for
comment.

While the proceedings of a grand jury are shrouded in  secrecy under
state law, Hautzinger said he decided to  acknowledge the pot probe
Thursday after he received  queries about local residents being served
with  subpoenas to testify.

Counties with populations greater than 100,000 are  required to
empanel grand juries each year, according  to state law.

Jurors, who meet periodically when called by  prosecutors, serve up to
a year, and service can be  extended up to 18 months. They can issue
indictments,  decline indictments or issue reports.

Prosecutors are not obligated to file charges identical  to a grand
jury's indictment.

Mesa County has empaneled a grand jury for the past  four years, but
the grand jury was given little to do.  Indictments were not returned
in February 2006 after an  investigation into the botched investment
of taxpayer  dollars by a board member of the Grand Junction Rural
Fire Protection District. 
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