Pubdate: Tue, 25 Aug 2015
Source: Garden City Telegram (KS)
Copyright: 2015 The Garden City Telegram
Contact:  http://www.gctelegram.com/
Details: http://www.mapinc.org/media/1476
Author: Michael Maresh

PRELIMINARY HEARING SET IN BANDA CASE

A preliminary hearing has been set in the case of Shona Banda, the 
local medicinal marijuana advocate who faces multiple drug charges, 
in addition to a child endangerment charge.

Chief Judge Wendel Wurst on Monday set the preliminary hearing for 
8:30 a.m. Nov. 16. in Finney County District Court.

Banda is charged with three felonies and two misdemeanors. She was 
charged June 5 with endangering a child, distribution or possession 
with intent to distribute a controlled substance within 1,000 feet of 
school property, unlawful manufacture of a controlled substance and 
possession of drug paraphernalia.

The investigation resulted from comments her son made during a drug 
education program March 24 at his school, Bernadine Sitts 
Intermediate Center, that led to the Department of Children and 
Families and Garden City Police Department being contacted.

According to police, the boy said his mother and other adults were 
avid drug users and that there was a lot of drug use occurring in his 
residence. That led police to suspect drugs were present in the home.

Banda's attorney, Sarah Swain, said the defense is ready for the 
preliminary hearing.

Swain said she anticipates the preliminary hearing will last at least a day.

"We will have some witnesses we will be calling," she said.

Prosecutor William Votypka said the state's part of the hearing would 
last four to five hours.

Swain said she had no objection to waiting until November for the 
preliminary hearing.

"We have some issues to resolve, motions to make, so we have no 
objections to setting it out (down the line)," she said.

Wurst said he does not want the hearing to last more than one day.

"Everyone needs to be ready, and if we need to go late, plan on doing 
that," he told the attorneys Monday morning in court.

Los Angeles civil rights attorney Matt Pappas was in court Monday to 
offer Banda support. Pappas is waiting to be certified to practice 
law in Kansas, where he plans to file a lawsuit against the state of 
Kansas on Banda's behalf once that is done.

Some media outlets erroneously reported Monday that Banda had pleaded 
not guilty to the charges, due to incorrect information provided by 
the Finney County Attorney's Office.

A plea would not be entered until arraignment after the preliminary hearing.

Banda is free on a surety bond of $50,000.

The three felonies carry a potential sentence of 11 to 17 years. Due 
to their respective severity levels, the charges could land Banda in 
jail for more than 30 years if she is convicted.
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MAP posted-by: Jay Bergstrom