Pubdate: Mon, 23 Jan 2012
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2012 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Paul Payne

HEALDSBURG POT-GROWING CRIME VICTIM MAY GET PAID FOR STOLEN DRUG

A Healdsburg home-invasion robbery victim can get restitution for his 
stolen marijuana if he was growing it in accordance with local 
guidelines for medical cannabis.

But just how much Michael Steffens' weed is worth is open to debate.

His lawyer is expected to ask for $18,000 for six pounds taken from 
his West Dry Creek Road home by four men dressed as police officers 
who barged in, beat him and bound him with a telephone cord.

Steffens, a 51-year-old carpenter who was smoking pot under a 
doctor's recommendation to treat neck pain, will likely testify at an 
upcoming Feb. 14 hearing. Whether lawyers for the defendants will get 
to cross-examine him is unclear.

"We want to be careful the victim is not re-victimized," his lawyer, 
Steve Spiegelman, said Monday.

Marijuana advocates say Steffens could be the first person in the 
state to be awarded restitution under his circumstances. Others have 
been compensated for medical marijuana that was seized and destroyed 
by authorities.

But never have the courts ordered criminal defendants to repay a 
victim for stolen marijuana, according to marijuana advocates.

Judge Gary Medvigy on Friday he would consider it if Steffens 
possessed the pot under state and local regulations. In general, any 
person with a doctor's note can have up to three pounds. Steffens and 
another adult family member had six.

"I'm sure he met the guidelines," Spiegelman said.

Still unresolved is whether Steffens can qualify for money from the 
state to pay for a post-traumatic stress disorder he said he suffered 
from the robbery. Spiegelman said the district attorney's 
victim-assistance division has turned him down because the case 
involves marijuana.

Victim advocates denied any blanket policy for pot cases but said 
there are other reasons a person can be deemed ineligible, including 
if they had past convictions or in some way contributed to the crime.

The judge has no authority to intervene in that regard, Spiegelman said.

Steffens has been trying to get help since the October 2009 robbery. 
As he lay tied up on the floor, the four men loaded a U-Haul trailer 
with his possessions, including weed that was drying in his barn or a garage.

Steffens broke free as soon as they left and called 911. Three of the 
men were arrested within hours. All four were eventually charged, 
convicted and sent to prison or jail.
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MAP posted-by: Jay Bergstrom