Pubdate: Thu, 02 Jun 2011 Source: Chico Enterprise-Record (CA) Copyright: 2011 Chico Enterprise-Record Contact: http://www.chicoer.com/ Details: http://www.mapinc.org/media/861 Author: Ryan Olson, Staff Writer CANNABIS ADVOCATE SENTENCED TO PRISON IN POT-FOR-GUITAR CASE OROVILLE - A Chico marijuana advocate was sentenced to state prison after he rejected an offer of probation Wednesday. The sentencing of Joel Kelly Castle on two pot charges in Butte County Superior Court had to be briefly postponed after Castle began yelling about the prosecution's statements about his out-of-court conduct. Bailiffs escorted the 63-year-old man from the courtroom after Judge Robert Glusman ordered him to return later. When the hearing resumed, Glusman admonished the defendant to refrain from interrupting if he wanted to participate. The judge confirmed that Castle was rejecting a proposal for three years of probation if it included prohibitions against the use of medicinal marijuana. Glusman ultimately sentenced Castle to the lower term for the charges of possessing pot and selling the drug. The total term was two years, eight months in state prison although Castle has credit for serving 706 days, or about 70 percent of the sentence. Castle's outburst came during the initial arguments about the prison term. Deputy district attorney Jeff Greeson noted Castle had no prior record, but had used the classifieds website craigslist to offer to trade two ounces of pot for a guitar. Police arrested Castle on Jan. 15, 2010 after he traded the pot to an undercover officer in Chico. A search of Castle's Park Avenue motel room found 5.5 pounds of pot, packaging material and a loaded pistol. Greeson also noted Castle had repeatedly violated the terms of his release from jail. He claimed Castle had smoked pot at Chico city hall. Castle objected to Greeson's allegations. He said he was in city hall with pot that authorities had returned to him. As the discussion grew heated, Castle called Greeson a liar. "I'm having a problem with this man lying about my good character and you listening to it," Castle told the judge. Moments later, Glusman ordered Castle removed from the room. Outside of court, Greeson said he had been incorrect about the city hall incident, but he didn't have a chance to correct himself. He noted Castle had been arrested three other times for smoking pot in violation of court orders. Castle acknowledged his conviction, but he remained adamant about his innocence saying it was criminal to be denied access to his medicine. He said he rejected the local conviction, claiming there was prejudice and that officers had entrapped him. Castle again sought to have the matter transferred to federal court. Glusman said he couldn't transfer the case. He said it was up to federal prosecuting attorneys to decide to press charges. Castle also reiterated his claims he received inadequate counsel from defense attorney Larry Willis, who was appointed by the court. Throughout the case, Castle attempted to fire Willis. In discussing factors that may mitigate Castle's actions, Willis said, "The mitigation is that, if he wasn't so damned stubborn, he wouldn't be going to jail at all." Through Willis, Castle has filed a notice to appeal the case to the state 3rd District Court of Appeal. - --- MAP posted-by: Richard R Smith Jr.