Pubdate: Sat, 22 Dec 2012
Source: Willits News (CA)
Copyright: 2012 Willits News
Contact:  http://www.willitsnews.com/
Details: http://www.mapinc.org/media/4085
Author: Linda Williams

MENDOCINO COUNTY FILES MOTION TO QUASH FEDERAL POT RECORD SUBPOENAS.

A tersely worded press release signed by Mendocino County Counsel 
Thomas Parker advised the county had filed a motion on December 21 to 
quash the federal grand jury subpoenas.

"The motion is based on the grounds that the scope of the subpoenas 
is overbroad and burdensone, oppressive and constitutes an improper 
intrusion into the ability of state and local government to 
administer programs for the health and welfare of their residents.

No court date has been set to hear the motion in US Federal Court.

The federal subpoena was issued on October 23 and gave county 
officials until November 8 to deliver the documents to the federal 
grand jury. The county obtained a time extension until January 8 to 
comply, according to Parker.

The subpoenas were issued to "custodians of records" in the Mendocino 
County Sheriff's Office and the Auditors Office. The subpoena says 
"you are commanded to appear and testify before the grand jury...You 
are also commanded to bring with you the following documents..." It 
adds if the requested records are provided "no appearance will be necessary."

The subpoena requests copies of all "records, letters and any other 
communications on the Mendocino County Medical Marijuana Cultivation 
Regulation to include third-party inspectors and the Mendocino County 
Board of Supervisors" since January 1, 2010. The request was expanded 
to include all "memoranda, notes, files, or records relating to 
meetings or conversations concerning" the Zip Tie program or Medical 
Marijuana Cultivation Regulation.

The subpoena also requests any and all financial account numbers used 
by the Mendocino County, District Attorney's Office or Sheriff's 
Office. In addition to the broad request, there is also a specific 
request for the financial account numbers for funds received through 
the Zip-Tie program.

It requests all "records of inspections, applications and 
communications, to include emails, with Mendocino County 9.31 program 
permit applicants, permit holders and inspectors."
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MAP posted-by: Jay Bergstrom