Pubdate: Thu, 11 Oct 2012
Source: San Bernardino Sun (CA)
Copyright: 2012 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Lori Fowler

TESTIMONY OFFERS DETAILS IN AARON SANDUSKY MEDICAL MARIJUANA TRIAL

LOS ANGELES - Prosecutors offered a sizable array of evidence
Wednesday in the medical-marijuana trial of Aaron Sandusky, former
operator of dispensaries in Upland, Colton and Moreno Valley.

Friends and former co-workers were among the eight witnesses called to
testify about the growing, storage and sales of marijuana for the
three G3 locations.

Afterward, Assistant U.S. Attorney Jay Robinson rested his
case.

Sandusky, who also had a warehouse in Ontario, is facing six counts of
drug trafficking, which can carry a sentence of 10 years to life in
prison.

In addition to G3 co-founder John Leslie Nuckolls II and warehouse
worker Richard Irwin Kirchnavy, DEA special agents and sheriff's
deputies testified for the government.

"One warehouse, three retail stores and over 1,000 marijuana plants -
evidence for a reason why the defendant is guilty as charged," said
Robinson, during opening statements Tuesday, which outlined an alleged
conspiracy among Sandusky and other defendants to cultivate and sell
marijuana through the cooperatives.

Sandusky and five others affiliated with G3 were arrested and indicted
in June on federal drug-trafficking charges as well as conspiracy to
manufacture and possess with intent to distribute marijuana.

The defendants, including Sandusky's brother Keith, were also charged
with possession with intent to distribute marijuana.

Nuckolls, 31, of Rialto and Kirchnavy, 45 of Rancho Cucamonga has
earlier pleaded guilty and accepted a plea bargain, which included
testifying during the trial.

Nuckolls testified he had been friends with Sandusky for about 11
years. In 2009 he approached Sandusky, who had real estate and broker
experience, about opening a medical marijuana dispensary.

"We both had medical issues. We were both going to places to get
medication," Nuckolls said. "We figured we could provide better
service for our patients."

They opened their first location, a 2,000-square-foot store, that year
in Upland. Nuckolls was the chief financial officer, Sandusky was
chief executive officer.

Later they rented a 2,000 square-foot warehouse just one street away
where they grew a little more than 100 plants to stock the store,
Nuckolls said.

About a year later, they opened a 1,500-square-foot dispensary in
Moreno Valley and not long after that a similar-sized location in Colton.

"From 2009 into 2010, the Upland store serviced about 500 people,"
Nuckolls testified, adding that the Moreno Valley store had double
that number of patients.

With the growth of business, G3 rented a 40,000-square-foot warehouse
in south Ontario in 2011, which was used to grow marijuana and stock
the stores, he testified.

"We wanted to make sure we were able to produce enough medication for
all three stores," Nuckolls said. "We wanted a quality product, and we
wanted to control it ourselves."

On Nov. 1, 2011, the warehouse was raided, and officials discovered
about 1,200 marijuana plants.

Officials on the stand called the large indoor grow a sophisticated
operation.

Nuckolls testified that he resigned from the business on Nov. 18,
2011, leaving Sandusky in charge.

Robinson asked Nuckolls if, in June 2009, he was working as a
confidential informant for the San Bernardino County Sheriff's Department.

"I was not," Nuckolls, who added that he talked with the agency, along
with San Bernardino County District Attorney's Office and the DEA, and
worked with them, but never worked as an informant.

Robinson then pointed out that Nuckolls had an agreement with the DA's
Office at that time and after helping them with cases had a felony
charge dismissed.

Kirchnavy, who also took the stand on Wednesday, said he started
growing marijuana for Sandusky in 2009 at the defendant's house.

"In the beginning, the marijuana grown in the closet was for personal
use, but once Upland G3 opened, the plants went to the store," he testified.

Sandusky hired him to grow the plants for $800 a week. Between June
2010 and November 2011, Kirchnavy testified that his salary grew to
$2,000 per week.

Roger Jon Diamond, Sandusky's lawyer, asked Kirchnavy to describe his
decision to grow marijuana for money.

"Very poor," said Kirchnavy, who later pleaded guilty to cultivating,
manufacturing and distributing marijuana plants.

Kirchnavy testified that after the Ontario warehouse was raided,
Sandusky talked to him about opening a new warehouse to once again
grow marijuana and asked if he would cultivate.

Kirchnavy's response? "You're crazy."

During the trial, Diamond spent a considerable amount of time doubting
the policy of regulations of the officials who raided the Ontario
warehouse and questioned the amount of vegetation found and whether
they were viable marijuana plants.

Sandusky took the stand for about five minutes Wednesday and will
continue his testimony today.
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