Pubdate: Fri, 18 Oct 2013
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Author: Wes Woods
Bookmark: http://mapinc.org/people/Swerdlow

JURORS FIND IN FAVOR OF MARIJUANA ACTIVIST SWERDLOW IN CHABOT CIVIL TRIAL

RANCHO CUCAMONGA - A jury ruled in favor of Inland Empire marijuana 
activist Lanny Swerdlow on Wednesday in his civil trial against 
anti-drug foe Paul Chabot with a final financial amount pending based 
on punitive damages.

Jurors will be back in West Valley Superior Court at 1:30 p.m. today 
to determine punitive damages against Chabot, said Judge Joseph 
Brisco to Swerdlow, who is representing himself, and Chabot's 
attorney Andrew Haynal in court before court was dismissed.

Swerdlow is seeking punitive damages of $1 million after a 2007 
incident at a Rancho Cucamonga meeting where he alleged false arrest 
and malicious prosecution.

The jury on Wednesday found for the false arrest but not for the 
malicious prosecution and ruled for $5,000 for past economic and 
non-economic losses. Jurors will meet again to determine punitive damages.

Chabot had filed a counter-suit claiming Swerdlow battered him, which 
the activist denied, and asked for attorney fees but the jury denied 
his request.

Brisco said that Swerdlow today will be able to question Chabot about 
his finances and the jury can "punish" Chabot or not based on the testimony.

"I'm feeling absolutely vindicated," Swerdlow said after the verdict. 
"It was a horrible experience to go through. To be put under trial 
for something I didn't do. So it's wonderful. The courts decided that 
I didn't do it. And here again even based on the preponderance of 
evidence and a lower standard, the jury said I did not push Paul Chabot."

After the ruling, Haynal and Chabot declined to comment until the 
jury determined the damages amount.

In 2008, Swerdlow was found not guilty after being accused of battery 
against Chabot at an Inland Valley Drug Free Coalition meeting in 
Rancho Cucamonga a year earlier.

Swerdlow went to the meeting in Rancho Cucamonga, saying he wanted to 
listen before passing out fliers in support of medical marijuana but 
later was arrested for allegedly assaulting Chabot, who denied him 
entry to the public event.

Haynal briefly asked the jury questions afterward including if they 
believed that Swerdlow attacked Chabot with an intent to harm, and 
each member voted no.

One woman juror of the 12-person jury answered "no" when asked if 
Chabot's conduct was a substantial factor in causing harm to Swerdlow 
but the others said they voted yes.
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MAP posted-by: Jay Bergstrom