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Judge Calls Ex-Con an Expert
Pubdate: Thu, 12 Oct 2006
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2006 Kitchener-Waterloo Record
Contact: http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Dianne Wood
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
JUDGE CALLS EX-CON AN EXPERT
Convicted Drug Producer Testifies in Local Marijuana-Growing Case
Les Soloman has been before a few judges in his time.
A three-time convicted drug producer, he's no stranger to local
courtrooms.
But yesterday, the 48-year-old Cambridge man was called to court, not
to answer for another crime, but for his expertise -- in growing pot.
Soloman knows a lot about it after more than 20 years in the field, so
to speak. So when his lawyer, Hal Mattson, called on him to testify
for the defence in a local marijuana-growing case, he accepted.
Justice Gary Hearn ruled Soloman could be considered an expert after
hearing arguments from several lawyers earlier this year. Soloman
stepped up to the stand in his new role -- and in a jacket and tie --
yesterday to tell the judge that much of the marijuana seized from
four Kitchener homes in 2004 wasn't exactly high-quality stuff.
"About a 4," Soloman told Mattson when his lawyer asked him on a
scale of 1 to 10 how well the marijuana growers had cared for their
crop, based on photos shown in court.
Federal prosecutor Mike O'Malley is arguing that five people who
pleaded guilty to marijuana-growing charges at the four homes should
have to forfeit the houses.
Several children still live in one of the houses. Each home had equity
of about $70,000. One has since been sold and the money frozen.
The Crown alleges the grow was a sophisticated, commercial operation
which would have earned a large profit. Police seized 593 marijuana
plants from the basements of the homes. The Crown says they could have
been worth $593,000 on the street. But lawyers representing the five
accused hope to persuade the judge that much of the pot was poor
quality and would never have produced a profitable yield.
Defence lawyers agree some forfeiture is reasonable. But they're
hoping to reduce the number of houses and/or the ultimate sentences of
their clients.
"When you embark on an operation of this nature, you're seeking
profit," lawyer Brennan Smart, who represents Chien Khac Nguyen, said
outside court. "You deserve to pay the price. But the issue is all
four houses, or one or two."
O'Malley argued the accused are all related and were operating the
grow as a group. Four people are married couples, and the fifth is the
mother of one of the accused. Therefore, the forfeiture should affect
all of them as a group, the Crown said.
Presented with photographs of the plants seized, Soloman essentially
said he could have done a much better job.
His main problem was with the water used by the accused. White scaling
on pails found in several homes suggested the growers must have used
hard tap water, he said.
Several plants were "falling over, so the roots are burned off," he
said. "There's something in there that is poisoning the roots."
Other plants which also looked unhealthy had all the lower leaves
picked off, he said.
"They look like Charlie Brown's Christmas tree to me," Mattson
commented.
Plants like that would produce little bud, Soloman
said.
"You'd be lucky to get five grams a plant," he said.
Removing leaves from the bottom of a plant would retard growth, he
said.
Kitchener water needs to be treated, he said. In one house, there was
a water softener which he said would put too much salt in the water.
Soloman, who now grows marijuana legally, always uses a metre to
adjust the pH and the nutrient value in his water. He's got a medical
exemption to grow marijuana from Health Canada.
He grows 22 pot plants in a spare bedroom in his home to help with the
pain of a foot condition called peripheral neuropathy.
Soloman used to be just a regular gardener who grew vegetables. Then
he decided to throw some marijuana seeds around on the ground to see
what would happen. They took off, and he liked what came up.
Marijuana works well for his foot pain.
"I knew it worked. When I smoked it, I could go around and kick the
walls," he said outside court.
He said it's better than OxyContin tablets. He took those for three
years and slept a lot. He could take methadone, "but that stuff is
deadly," he said.
The first three government crops he grew were a bust. He's on his
fourth now, and he thinks it will prosper.
He never expected to be invited to court to speak as an
expert.
"But when your lawyer asks you to help . . ." he said. "I didn't want
to get the police or Crown mad at me," he added. "But I thought, just
to help. You only get experience by doing it for years."
Convicted are Cuong Khac Nguyen, his wife, Huyan Le Thi Vu, and Chien
Khac Nguyen, and his wife, Que Kim Thi Nguyen, and Nam Thi Dinh. The
houses are at 4 Wyandotte Crt., 2 Corfield Dr., 117 Oneida Pl. and
3121 Briarfield Crt.
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