Pubdate: Wed, 3 Nov 2010
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2010 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Catherine Kavanaugh
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

TESTIMONY BEGINS IN MEDICAL MARIJUANA CASE

Nine Defendants With Ties to Ferndale Dispensary Could Be Sent to Trial

FERNDALE -- Two employees of Clinical Relief wondered why a new 
patient presented them with a medical marijuana card in July that had 
her photo on it.

"They mentioned they never saw a picture on a card prior to that. I 
said I didn't know. That's how my card came," testified Candance 
Rushton, an undercover officer who posed as a patient with a fake 
medical marijuana card made by another member of the Oakland County 
Narcotics Enforcement Team.

The NET investigation led to the arrest of 16 people from Oakland and 
Macomb counties on Aug. 25, including nine owners and employees of 
the medical marijuana dispensary on Hilton Road, for conspiracy and 
manufacturing and delivering controlled substances.

Because of the number of defendants in Ferndale, their preliminary 
examination had to be moved from 43rd District Court to a meeting 
room at the Kulick Community Center. Judge Joseph Longo sat at a 
folding table as did nine attorneys with their clients in a row of 
chairs behind them. They will return Friday to resume the hearing set 
to determine if there is probable cause the defendants committed the crimes.

The outcome of the hearing will determine if the defendants from Lake 
Orion, Troy, Royal Oak, Chesterfield Township, Livonia, Roseville and 
Leonard stand trial in what is seen as a test case of the 2008 law 
allowing the use of medical marijuana.

Defense attorneys said there was no way for their clients to verify 
the validity of the undercover officer's medical marijuana card 
because it is considered to be a private medical record.

"The card represents -- what it suggests -- is that you are a 
certified, registered, qualifying patient diagnosed by a physician," 
said Neil Rockind, who represents Ryan Richmond of Royal Oak, a 
co-owner of the dispensary.

Lawyers for the defendants spent a lot of time questioning Rushton 
about the phony card made on a computer by the officer in charge of 
the investigation.

"For delivery of marijuana, specific intent is important," said 
defense attorney Cheryl Carpenter. "Its relevant to show that these 
cards look valid and the sheriff went through a great deal of time 
and effort to make them look real."

The defense attorneys contend their clients broke no laws and ran a 
good operation. They kept the front door locked, made copies of 
patients' cards and driver's licenses, questioned patients about 
their work and daily routines, recommended what strains would be best 
for day and night use, and stored their products in a locked room.

Rushton told the Clinical Relief staff she had been in a car accident 
and suffered from neck and headache pain, according to her testimony. 
She said she paid $83 and left Clinical Relief with medical marijuana 
called AK47 and Gold Rush, a sucker with hash oil, and an offer for a 
free gram of medical marijuana if she referred a patient who bought 
an eighth of an ounce.

Rushton testified that she returned with another undercover officer 
who posed as a patient and bought medical marijuana. She got her free gram.

Rushton, who is assigned from the Troy Police Department, was the 
main witness Wednesday at the court hearing that drew three busloads 
of protestors and criticism from elected officials in three cities.

"When any law enforcement organization thinks it's OK to take 
protected records, HIPAA protected documents, on an unprecedented 
scale in Ferndale history, then we have to take a stand," said Rick 
Thompson, editor of a medical marijuana magazine based in Oak Park.

Thompson spoke to medical marijuana advocates from as far away as Ann 
Arbor, Lansing and Port Huron who carried signs saying, "Bouchard did 
you get the news? ... Medical marijuana is MI law" and "Patients are 
not criminals."

Elected officials from Ferndale, Royal Oak and Hazel Park criticized 
the Oakland County Sheriff's Office raids that led to prosecution of 
owners and employees of the Clinical Relief medical marijuana dispensary.

In a statement released Wednesday, Ferndale Mayor Craig Covey, Royal 
Oak Commissioner Jim Rasor and Hazel Park Councilman Andy LeCureaux 
characterized the raids as excessive and expensive.

"This is way over the top and unnecessary," Covey said. "If the 
sheriff simply wants to send a political message to Lansing, he could 
do it without such extreme tactics. He is wasting taxpayer dollars on 
an issue voters have said leave alone."

The defendants include Anthony Agro, 42, of Troy; Barbara Agro, 69, 
of Lake Orion; Nicholas Agro, 38, of Lake Orion; Mathew Curtis, 39, 
of Lake Orion; Stacey Ellenbrook, 41, of Chesterfield Township; Ryan 
Fleissner, 30, of Livonia; Ryan Richmond, 33, of Royal Oak; Agelina 
Veseli, 24, of Roseville; and Barbara Johnson, 40, of Leonard.

Their preliminary examinations continue Friday with testimony from 
Derek Myers, the officer in charge. Myers was scheduled to take the 
stand Wednesday, but he was too tired from working the night before 
on a case, said Oakland County Assistant Prosecutor Beth Hand.

"He was shot at and he had to return fire," said Hand, adding that 
Myers didn't get any sleep and he was concerned about his ability to 
focus on the hearing.

Hand said she also has one other witness to call on Friday.
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MAP posted-by: Richard Lake