Pubdate: Wed, 19 Oct 2011 Source: Chico Enterprise-Record (CA) Copyright: 2011 Chico Enterprise-Record Contact: http://www.chicoer.com/ Details: http://www.mapinc.org/media/861 Note: Letters from newspaper's circulation area receive publishing priority Author: Ryan Olson WITNESS ARRESTED AFTER HE TESTIFIES OROVILLE - A defense attorney is outraged after Butte County deputies arrested a witness after he testified on behalf of a man facing marijuana charges. Tuesday Jeffrey Lee Sanford was arrested in the Butte County Superior Court hallway after he testified in the preliminary hearing of Timothy Ole Skytte, 31. Skytte faces felony counts of cultivating marijuana and possessing it for sale. He is also charged with felony counts of illegally possessing a stun gun and money laundering. Skytte was arrested on Aug. 18 after deputies discovered 54 pot plants growing on his Yana Trail property in Concow. Officers also found 369 plants on an Ishi Trail property Skytte rented to another man identified as Lawrence Evans. Sanford, president of the 30th Street Patient Collective in San Diego, testified Skytte was a member of his 4,200-person collective and was one of a dozen vendors who helped furnish the group with marijuana. Skytte also leased part of the Yana Trail property to Sanford to grow medicinal marijuana for collective members. Before Sanford testified, Judge Steven Howell thoroughly questioned him about his Fifth Amendment right against self-incrimination and repeatedly offered to provide a public defender. Sanford said he was confident he could testify although he may put himself at risk. "I feel I have an obligation to my friend, Tim," Sanford said. After Sanford was arrested, Skytte's attorney Jodea Foster said he would challenge the Butte County District Attorney's Office action as prosecutorial misconduct. Foster said the arrest affects his client's defense because Sanford could now plead the Fifth and no longer testify in Skytte's case. "The people in this county should be outraged that that's the way our District Attorney's Office handles issues," Foster said. Deputy district attorney Jeff Greeson said Sanford's testimony established a connection to Butte County and led to the probable cause to arrest him. Foster disputed Greeson's claims, saying the prosecution had interviewed Sanford before Tuesday. He said Sanford did not provide any new information on the stand. Sanford testified he founded the collective nearly three years ago, but was now preparing to close it after receiving a letter from the U.S. Justice Department. He said he met Skytte through a mutual friend more than two years ago. Skytte became a member of the group and began supplying pot. According to sheriff's detective Douglas Patterson, Skytte said 30 plants on the Yana Trail property were under Sanford's control, growing under six San Diego recommendations. Patterson said the recommendations were all valid; however, four San Diego collective members contacted by police were unaware and upset their recommendations were being used for a grow. The detective also said many members said they belonged to more than one collective. Sanford said recommendations were selected at random for the grow. He said he assumed collective members gave their consent when they signed a membership agreement. While the agreement doesn't expressly say a plant would be grown for the patient, he said the agreement notes growing is a "real-life expense." In addition to providing the recommendations, Sanford prepared letters to Evans and Skytte that they could provide to police if stopped while transporting pot to San Diego. Sanford said he could refuse delivery if the marijuana didn't appear to be medicinal quality. If it was acceptable, he would pay rates of $1,110 to $3,200 per pound. Greeson said the collective was a dispensary providing a cover for commercial sales. He said the case is an example of the abuse of the collective laws. "This is a mockery of Proposition 215," Greeson said. Foster said the legality of Sanford's operation is disputed by many jurisdictions. He argued there may not be enough evidence for the money laundering charge against Skytte because there is some question where the money came from. Ultimately, the judge found there was sufficient evidence to hold Skytte for trial on all counts. - --- MAP posted-by: Jay Bergstrom