Pubdate: Tue, 31 August 1999 Source: Calgary Herald (Canada) Copyright: 1999 Calgary Herald Contact: P.O. Box 2400, Stn. M, Calgary, Alberta T2P 0W8 Fax: (403) 235-7379 Website: http://www.calgaryherald.com/ Forum: http://forums.canada.com/~calgary Author: Daryl Slade MARIJUANA CRUSADER ELECTS TRIAL BY JURY A Calgary man fighting for the legal right to grow and distribute marijuana for himself and others for medical reasons wants to be judged by his peers. Grant Wayne Krieger, 45, whose pot-growing operation at his Bowness home was busted by police last week, elected Monday to have his charges of cultivation and possession for the purpose of trafficking tried by a Queen's Bench judge and jury. He says, "Let society judge what I do, not have Parliament decide," Krieger's lawyer Adriano Iovinelli said outside court. But Iovinelli said he is concerned about the pot crusader's deteriorating health as he waits behind bars for his trial. Krieger waived his right to a preliminary hearing to go directly to trial, but will not be arraigned until Oct.13. His trial is not expected until January. A gaunt Krieger, who has multiple sclerosis and has walked without any assistance for the past three years since he began to smoke marijuana, was brought into the prisoner's dock in a wheelchair. "You saw his condition in court," said Iovinelli , who still hopes to get his client out on bail as soon as next week. "Physically and mentally, there has been a major deterioration that's gone on over past five days. I'm afraid to see what's going to happen in a couple of months. I don't want Mr.Krieger dying." Krieger was denied bail last week by Assistant Chief provincial court Judge Brian Stevenson when he indicated he would not stop growing pot if he was released pending trial. Iovinelli said he would discuss his client's intentions before asking to have his bail reviewed at Queen's Bench. Iovinelli said it may make a difference to the court if his client has only three or four plants, for his own use, as opposed to the 29 found in his home last week. "He's adamant he requires marijuana as medicine on a daily basis," said Iovinelli . "The main concern is he's adamant he has the right to deliver it to others who also require it." Krieger's wife Marie, said she is very concerned with her husband's deteriorating health leading up to trial, if he remains at the Calgary Remand Centre. "I think he'll end up bedridden. He was like that in 1995 when he was on doctor-prescribed medicine," said Marie Krieger. "Marijuana takes away his muscle spasms, it calms his nerves and he's able to walk like rest of us. My God, isn't he entitled to that as a human being?" - --- MAP posted-by: Jo-D