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Holy Smoke Owners Enter Plea
Pubdate: Thu, 15 Mar 2007
Source: Nelson Daily News (CN BC)
Copyright: 2007 Nelson Daily News
Contact: http://www.mapinc.org/media/288
Note: The newspaper does not have an active website.
Author: Sara Newham
HOLY SMOKE OWNERS ENTER PLEA
Holy Smoke Culture Shop co-owners Paul De Felice and Alan Middlemiss
as well as associates Kelsey Stratas and Akka Annis entered not-guilty
pleas in Nelson court last week and are now waiting for a trial date
to be set.
"All four individuals that were charged at the Holy Smoke premises, we
wanted them to be in the same trial rather than have four separate
trials" said lawyer Don Skogstad, adding that the defendants were
charged separately. "They could have had four trials which we didn't
want. The prosecution agreed to that. They're going to join the
charges together which is a great savings of time."
The trial is not expected to take place until 2008, the defense said,
because a shortage of court resources makes it difficult to schedule
the minimum five consecutive days required for the trial. The trial
date is expected to be set on or before April 24, the defendants' next
day in court.
The men are charged with various counts of possession and trafficking
of marijuana charges stemming from a police investigation into the
alleged drug trade in Nelson.
DeFelice was arrested outside his store in July and the Nelson City
Police subsequently raided Holy Smoke.
On hearing the police wanted him, Middlemiss turned himself in in
August and is charged with one count of trafficking in marijuana and
one count of trafficking in psilocybin. Because there is a stiffer
penalty on that charge, Middlemiss is eligible for and has opted for a
jury trial.
Annis has two charges against him, both for trafficking in marijuana
and turned himself in November 21, while Stratas who is charged with
one count of trafficking in marijuana and one count of trafficking in
hashish, turned himself in a few days later.
The four men plan to argue the defense of necessity, which essentially
states that an act committed was better than the alternative.
"We're not guilty at law. Just because the facts may be associated
with the accused, doesn't make them guilty at law," said Skogstad.
The defense of necessity was applied in a case against Dr. Henry
Morgenthaler who performed abortions at a Montreal clinic. In that
case, the defense of necessity was applied to suggest that performing
abortions was a better alternative than women putting themselves into
unsafe situations.
Skogstad said his clients would not forward any other defense in the
case. He explained that defense plans to use the "reverse gateway
theory" in its argument.
"The gateway theory itself is the suggestion that starting with
perhaps alcohol, going to marijuana, leads you onto other drugs...The
reverse gateway theory is that you might be on harder drugs but the
availability and the less serious effects of marijuana tempts you back
down the ladder instead of up it," said Skogstad, adding that there is
a study that examines the idea.
When asked how he is handling the situation, DeFelice explained that
he is taking the process in stride.
"It was more stressful not to be doing something or not to be active
on this issue because I just think it's too important and I'm willing
to do what it takes. I'm not really stressing. I get so much
support. I'm afraid if anything I'm going to get to like being in
this position too much," he said, apparently unconcerned about the
time it is taking for his case to work through the court process.
"It's moving at the speed of molasses which is kind of what we expected."
DeFelice added that the time it is taking for the case to proceed,
allows he (him) and his friends to raise additional money for their
defense. An account has been set up through Skogstad's office to help
raise funds for the accused.
"We're fundraising for these guys," said Skogstad. "We have an account
for them here, not for legal fees so much, but for expenses for the
experts to come in and talk about the reverse gateway theory and to
talk about the effects of marijuana versus other drugs."
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