Open letter from Tom’s Mom
I am the mother of Thomas Sexton and at age 82 I flew in from North Carolina to support him throughout his trial. The verdict rendered not guilty of illegal cultivation but guilty of possession of more than 8 oz of medical marijuana now raises some pertinent questions.
If one is growing medical marijuana legally, how could the legal trashed crop be considered illegal possession of medical marijuana? It seems if the first accusation is now a not guilty verdict, it just presupposes the second charge would also have to be rendered as not guilty.
It seems that some one on the jury apparently has a strong profound bias against any use of medical marijuana and would not budge. The jury being tired after 5 days of intense concentrations, did not want to recess for the long weekend and come back to deliberate some more on Tuesday. Perhaps the only way they could come to an unambiguous verdict was to compromise and say he is guilty of possession of more than 8oz.
The trashed boxes contained leaves, branches, stems, roots, dirt, rocks, compost and weighed 20.4 lbs. How is it possible that those trashed immature plants which of course came to more than 8oz, be considered as legal possession of medical marijuana making Tom a felon and a criminal? This seems totally ridiculous. I have always known Tom to be a person of integrity, who deserves to live his life to be a benefit to humanity. Also a medical marijuana expert, witnessed to the fact that those trashed plants were totally void of THC and absolutely of no value in medial marijuana retrieval.
Perhaps the majority of the exhausted people on the jury, in order to just finish and be able to win its case, caved in on Tom being completely guiltless, thus deciding to make him guilty on the other charge. I just cannot understand how this position can be maintained. I would think a righteous judge would throw out this second charge as being totally untenable.
Martha Sexton
14-Feb-10
Medical Marijuana Case Verdict May Set Future Precedent
A Pueblo jury’s verdict may have set a precedent when it comes to how many plants licensed caregivers and users of medical marijuana are allowed to grow. The exception to the rule comes with a doctor’s note recommending the patient be allowed to exceed the limit based on medical need.
It all stems from the 2007 arrest of Tom Sexton. Sexton’s property near Beulah was raided by the authorities and 128 marijuana plants were seized. At the time Sexton produced certificates stating he had the legal right to grow plants for several patients, all of them other legal medicinal users. But the number of people and the number of plants didn’t add up, so he was charged with cultivating and possession of marijuana.
Fast forward to February 2010, Sexton’s court case finally is put in front of a jury, and for a week the prosecution and defense argue their case. During the week the jury heard emotional and at times passionate stories of patients who used marijuana for medicinal purposes. The jury was then called in on Saturday (because the courts would be closed Monday for a holiday) to deliberate on the matter. Nearly eight hours later they returned with a verdict.
Sexton was found guilty of possession, but not guilty of cultivation. The defense says the verdict is a major victory. “This is a jury that really saw through the issues. And the message that they sent was, the government cannot interfere with patients and caregivers that are lawfully growing their medicine,” says Sexton’s lawyer Karl Tameler.
Read the entire story at KKTV! [here]
Gray areas on green medicine addressed
By JEFF TUCKER
THE PUEBLO CHIEFTAIN
Over the past two weeks, the owner of Medimar Ministries has wrestled with the ambiguity of Colorado’s medical marijuana law.
During a public meeting Friday at Medimar’s Pueblo location it became apparent that Tom Sexton isn’t the only one.
Roughly 100 people sat in on nearly two hours of discussion about the legal gray areas of the law, and Sexton’s attorney, Karl Tameler, tried to answer as many questions as possible.
Tameler also emphasized throughout the evening that the medical marijuana law is a state law, and that marijuana is still considered an illegal drug by the federal government.
The bottom line was that if medical marijuana patients or their caregivers want to remain within the state’s exception on marijuana, they can’t possess more than 2 ounces or more than six plants with three that are mature, flowering marijuana plants. From there, protections become less concrete, Tameler said.
Read the entire article [here]
Tell the world what you think about this Issue!
NPR wants your opinion !
National Public Radio wants to know how you might be affected by regulations http://lnk.ms/688D5
Split Verdict In Medical Marijuana Case Creates More Questions
By Sean Hauser
s.hauser@krdo.com
PUEBLO – A jury came up with an interesting verdict in the case against a man who had over 100 medical marijuana plants seized from his home in Beulah last year.
Local dispensary owner and medical marijuana used, Tom Sexton was found innocent of cultivating marijuana, but guilty of possessing it. Sexton and his lawyer say the lesser charge is a victory, but that doesn’t mean they understand it themselves.
“The issues surrounding medical marijuana are complex,” said Denver Mayor and Gubernatorial candidate, John Hickenlooper Monday. At a campaign stop in Pueblo Hickenlooper admitted that there’s no clear direction the state has been able to take on the medical marijuana issue.
“I think it’s medically used appropriately,” he said. “But how do we make sure its it’s not abused, kids aren’t using it and that were not creating a black market. Obviously local communities are going to begin doing that, but I think states also have to step forward with the framework,” Hickenlooper explained.
But until that framework is complete, the confusion continues. Sexton says he considers his case a step forward in the overall big picture of medical marijuana in Colorado. Even though right now, it creates more questions than answers.
Read the full story at Chanel 13 News [here]
Open Letter to the Community
Dear community,
We wanted to inform you of the decision in Tomas Sextons case down in Pueblo. The jury returned after 8 hours with a split verdict. Not Guilty on the Felony Cultivation charge, but Guilty on the possession charge. There is a great article in the Pueblo Chieftian today, and we are asking everyone to read the articles and add their comments. The article can be found here
http://www.chieftain.com/articles/2010/02/14/news/local/doc4b77954dcf5de010620095.txt
The comments section is at the bottom of the page. If you are not a member of the Pueblo Chieftain web page, you will need to register before being able to add comments. You can register here:
http://www.chieftain.com/login/
There is also a complete recap of all the chieftian articles and our own commentary that can be found here:
http://www.medimarministry.com/TomsTrial.php
Thank you for all your love and support during this trying time. Your continued encouragement and help has been invaluable to us and we are very grateful to have such wonderful friends and supporters.
Love
Medimar Ministry
Medimar Ministry Declares Victory
Although disappointed with any guilty verdict, the cultivation charge was the most serious and Tom was acquitted of that charge. This sets up an interesting judicial delima. For one charge can not exist with out the other. How can you be allowed to grow plants and not posses them? And given the gross misconduct by the officers during the investigation and the one sided ruling from the bench, there will be plenty of opportunity for further education and further opportunity for the patience rights to come out.
We all feel very confident that the truth will come to light and the wishes of the people of Colorado will be heard. It will just be heard at a higher level, which is very good. The governments actions will come to light. They are trying everything the can to try and stop medical marijuana, and we can expect some bumps along the way. But the will of the people will be heard, and next time it will be heard by people a lot closer to the constitution.
Pot case gets split verdicts
By JEFF TUCKER
THE PUEBLO CHIEFTAIN
A Pueblo jury took nearly eight hours Saturday to decide that a Beulah marijuana farmer was innocent of cultivating marijuana, but guilty of possessing it.
The 12 men and women were asked to settle the question of whether Thomas Sexton, 55, was legally growing 128 marijuana plants on his property off Siloam Road or whether he used the vague language of Colorado’s medical marijuana law to manipulate the system into getting a higher plant count.
The past week was filled with testimony about the legality of medical marijuana, the botany behind growing the plant and a growing body of scientific evidence suggesting marijuana is useful for many ailments.
But for advocates looking to the Sexton case as a test for Amendment 20, they may have to look elsewhere.
“I think in regard to the medical marijuana law, there is so little guidance for somebody who chooses to use medicinal marijuana and cultivate it, it’s almost a setup for failure for anybody who sticks their neck out and tries,” said Sexton’s attorney, Karl Tameler. Sexton expressed his own frustration, noting that he’s followed every piece of legal advice he’s given to stay within the law.
Read the Entire story [here]
Trial Ended with Mixed Verdicts
After about 8 hours of deliberation the jury returned yesterday with a mixed verdict. They found Tom not guilty of Felony Cultivation. But found him guilty of possessing over 8oz of Medical Grade Marijuana. This left everyone shaking their heads. Obviously the jury wanted to strike a compromise and settled on the lesser charge. The Defense team will be filing a motion to dismiss. They will argue that the law was never meant to be executed that way. For how can you be allowed to grow plants and not be in possession of them?
There are other avenues for appeal. There was gross misconduct by law enforcement, and several very questionable ruling by the same judge that signed the search warrant in the first place. The police were on site and investigating long before the search warrant was signed. The judge was not told that there was a claim of legitimacy. The eradication was completed with out any investigation. Tom was questioned only after all plants were destroyed. Former Dr, now Mr Grigg’s testimony was not allowed under HIPPA regulations and the constitution. The judge should have recused himself in the interest of a fair trial and I feel the higher courts will have much more respect for our constitution which specifically states that the plants must be cared for during the investigation. I guess it doesn’t stipulate how long the investigation should take. Enough to count the plants and file charges I guess.
This could have a huge impact on the community. For if you look at what happened, it gives the government huge latitude to shut down anyone they want. Consider what happened to Tom. The local government in conjunction with the national guard spotted Tom’s legal garden. They go to the property and remove the plants. They strip all plants down and weigh all but the stems. This they call Medical Grade Marijuana and if you have more that 2oz of it, you are a felon. I’m sure this crazy ruling will be overturned, but right now that’s the way law enforcement can proceed, they have the precedent.
We were all hoping this would be over by now, but it looks like its just getting started. The motion to dismiss will be filed shortly, but it will be taken before the same judge that signed the search warrant and has ruled with the prosecution at every step. This will probably be heard by a higher court, where a ground breaking case like this really belongs. But it is hard and very stressful for those who’s lives are on the line. Sentencing will is scheduled for March 1st, but expect some legal maneuvering which will push that back pending the appeals.
Tom would like to thank his Defense Team Karl Tameler and Jim Oliver. They are truly the best team this community could have. The testimonies of expert witnesses of Dana May and Dr Shackleford, who also did an amazing job during the trial, were riveting and very educational. There were several witness that made great personal sacrifice and took many personal risks to testify on behalf of Tom and it is greatly appreciated. Tom would also like to thank his staff for their support and love through out all of this. And to all the community, thank you for your love and support. We could have not gotten through this with out each and every one of you.
Stay tuned here, this is not over by any stretch.
Jury deliberates medicinal marijuana case
By JEFF TUCKER
THE PUEBLO CHIEFTAIN
A Pueblo jury will begin its deliberations this morning in a marijuana cultivation and possession trial that could serve as a test of Colorado’s medical marijuana law.
Jurors were asked Friday to determine if Thomas Sexton, 55, was within his rights to raise 128 plants on his Siloam Road property near Beulah or if he used vague language in the state’s constitutional amendment to manipulate the system to get more plants than needed.
Prosecutors Anthony Marzavas and Steve Jones argued that he did the latter and brought Dr. Peter Grigg’s testimony before the jury Friday.
Grigg testified in court earlier in the week, but District Judge David Crockenberg ruled that his testimony would violate the doctor-patient privilege and didn’t allow the jury to hear it.
On Friday, Sexton’s own testimony opened the door. Sexton told the court that he fractured his right leg in a skiing accident in 2004. He said he uses medicinal marijuana to ease the pain caused by the metal plates and braces screwed into his right femur to keep the bone in one piece.
By testifying about his medical condition, Crockenberg ruled Sexton waived his privilege, and Grigg was able to
speak about the way he came to know Sexton and recommend the extended plant count to him, Robert Love and Angeline Medina.
Under Colorado law, patients with valid medical marijuana registry cards are allowed up to 2 ounces of marijuana or six plants.
Under an “affirmative defense,” the law allows patients and their caregivers to possess more than that amount if there is a clearly demonstrated medical need.
Read the entire story [here]
Day Two – The Defense Speaks
Local citizens, noticeably absent on day one of the trial, straggled in and took up seats along the uncomfortable gallery benches over the course of the morning of day two. No doubt they were early morning readers of the Pueblo Chiefton’s coverage of the trial and decided that perhaps something of import may be happening in the small town’s courthouse. And indeed it was. The bumbling, uninformed, and renegade practices of law enforcement officers as they struggled to uphold the new Constitutional rights of citizens to grow and consume medical marijuana were being brought to light as they were in similar courtrooms all over the country.
The morning began with the testimony of the first real expert in the field of medical marijuana cultivation presented during the trial. He slowly and methodically shattered the prosecution’s assuring that the plants seized in Tom’s grove were mature and harvestable. As alluded to by the defense’s attorney, Mr. Tameler, the previous day he confirmed that without exposure to about 30 days in which the hours of darkness exceeded those of daylight after the fall equinox, marijuana plants would not bud and transform into their ultimate potential. The shabby boxes, therefore, presented by the prosecution as fully mature and ready for the needs of valid medical marijuana consumers were instead full of the useless sticks, stems, and leaves sold illegally on dirty back streets as common “schwag.” As it became clear to all in attendance that Tom’s hopeful harvest for the year was ruined and beyond salvage, his eyes brimmed with tears.
This damaging testimony to the prosecution was followed by that of 5 individuals who were legitimate patients and caregivers counting on Tom’s plants to relieve the symptoms of their debilitating diseases and painful conditions. These were not the minor inconveniences of simple headaches, menstrual cramps, and the occasional sleepless night as sometimes treated by less professional organizations. They were victims of diabetic neuropathy, multiple sclerosis, fibromyalgia and incomprehensibly devastating accidents. The prosecution attempted to characterize their roles as caregivers as casual and illusive, but as each was brought before the courtroom, they consistently presented far more legitimate, compelling, and professional stories.
Trial – Day Two
Everyone reported a very emotional day yesterday. As I found out, just walking into that court room is nerve racking. And knowing your life and the lives of those you love are on the line, just amplifies the unease.
It was the defense’s day in court on Thursday. They opened up with an expert witness. Unlike the prosecutions expert witness, Dana Mae has been growing Medical Marijuana for over 40 years. The officer the day before had been to a three day class where he became an expert in Heroin, Cocaine (rock and power), Pharmaceuticals, MDMA, their common methods of intake, concealment and how to safely dispose of them and handle for evidence. Unlike his counterpart, Dana Mae he was able to explain a great number of thing about the science of growing Medicine. He was able to explain the difference in Indica and Sativa and how that might affect a garden and when the plant would be usable.
The jury heard how and what it really takes to harvest a marijuana plant for Medical purposes. How and when you can harvest a plant. They also heard how it was not possible that all of those 128 plants were in a mature state as claimed by the Officer.
He pronounced their box of “Medical Grade Marijuana” as utterly useless swag. He explained to them the significance of the fall equinox, why there were plants in buckets. The jury also got an education in just what it takes to make medicine that will take away the pain of a compacted spine.
The opening of the box of evidence was a very emotional one for Tom. He just saw all the pain, trouble and wasted time and money. All the good that could have done for his patients and how a simple prejudice can reak havoc on peoples lives. If they had just waited. If they had just asked. If they had just slowed down, none of this would have happened. Tom wept over those 128 plants and all the good they could have done.
When prohibition is finally over, I can see a Superbowl commercial from “Budd-light” showing just that kind of moment when their kind bud was lost. But this seems almost malicious. The pronouncement of guilt and execution of punishment by destroying all 128 plants on the spot with no authority. Not to mention combining all the plants so no identification could be made, and losing all the pictures taken during the day time. Oddly, only pictures of a few parts of the garden remain and in the dark. It really has frightened me to see what the Officers can do if they want to. All they could see was the headline news, a medal and a beer if they wrapped it up quick. When prohibition is over, this will look barbaric. Looks a little barbaric now.
The jury also heard testimony from several of Tom’s patients. They were able to explain to the jury the dangers of Oxycontin. They were able to hear how difficult it would be to try to grow your own blend of 2 strains in the right proportions. They got to hear what a caregiver really means.
Karen also testified yesterday. She was also a registered caregiver and had a patient. This also brought the plant count up. Which seems to be the only thing the government is concerned about. If Tom only had “x” number of plants, everything would have been just fine, and we would not have destroyed your lymphoma medication and the one thing that helps you keep your food down. But you have 128, so you are a criminal, a felon.
Deborah Tuenge, also testified. She is the administrator for the medical marijuana registry with the Colorado Department of Public Health and Environment. She was able to confirm Tom’s initial statement on the night of the raid, that all of the certificates were valid.
What has been confusing me most during this trial, is what exactly the prosecutions motivation is. Yesterday I saw them put a guy on the stand and try to persuade the judge that he should be allowed to testify. The judge thought this guy was not credible, his statements didn’t prove anything, and allowing it would clearly be violating client doctor privileged conversation which would certainly lead to a miss trial. Now this man claimed he did not want to testify, his lawyer said he “had to testify to certain things”. He had to do this because he had been caught selling Oxycontin in a parking lot. The police gave him a plea if he would testify in Tom’s case. I just can’t wrap my brain around this. I simply don’t believe the the Officers think Medical Marijuana is more dangerous than Oxycontin.
I know everyone is really looking forward to the trial being over. Testimony begins again today at 8:30 am in the District County county house in Pueblo.
Marijuana farmer weeps at trial
By JEFF TUCKER
THE PUEBLO CHIEFTAIN
Thomas Sexton wept over a ragged pile of marijuana stalks, stems and leaves Thursday.
As an expert in the cultivation of medicinal marijuana testified that 128 plants seized on Sexton’s farm Aug. 14, 2007, were nowhere near maturity, Sexton looked over the three boxes of evidence — including one with bundles of stripped stalks — then turned to the defense table, shook and wiped his eyes.
… Read entire store [here]
New article in the Chieftian
Jeff Tucker has a new article about the opening day of Tom’s trial. Read all about it [here]
Day One: The Prosecution Presents It’s Case
Summarized by Candace Morris, (who makes no claim as to the complete accuracy of her report) – a friend to Tom and supporter of the value of medical marijuana
I was nervous for Tom today. The prospect of listening attentively as the District Attorney walked the jury through its strongest case against him made my stomach churn. Even trusting the capable cross examination skills of his defense attorney gave me little solace. Today would be the Prosecution’s day in court.
As it turned out, their day was less than convincing. They presented a grand total of three witnesses – one of whom was eliminated before uttering a word to the jury. The other two were detectives who participated directly in the raid and eradication exercise. No supervising officers. No representatives from supporting agencies. No expert witnesses.
Their key witness was the lead detective who spotted Tom’s garden by helicopter, surveyed the property, submitted the warrant order for approval and signature, and initiated the eradication. The prosecution applauded his valiant efforts and extolled at great length the degree of his expertise in illegal marijuana cultivation. Clearly, they hoped to overcome the weakness of their case by impressing the jury with his credentials and experience.
Upon cross examination, though, the glaring lack of rigor in his decision-making and evidence collecting processes, together with his utter lack of knowledge of the marijuana growth process crippled his credibility. He faltered significantly under cross as it was revealed to the jury that:
1. He and his team entered Tom’s private property without a warrant in clear violation of long-standing trespass laws.
2. The hand-made sign displayed voluntarily by Tom that informed any visitors to the site that the grove was certified as being for legal medical purposes was dismissed entirely by him as being irrelevant to his conclusion that the grove was instead being illegally cultivated.
3. Tom was never phoned although his number was clearly visible on the sign. On cross examization the officer was asked to take out his phone and call the number on the sign. There was an objection, of course, but everyone knew exactly where that phone would ring.
4. This same sign viewed as irrelevant to their case against Tom, was somehow determined to be key in their conclusion that his crop exceeded the allowable plant count permitted by law.
5. Eradication procedures were carried out in direct violation of constitutional law protecting legal medical marijuana plants from that fate.
6. His collection and determination of what was relevant evidence against Tom included such ridiculous items as gardening tools, a chainsaw, a wooden plank, potting soil, and a hammock were completely unprofessional and were furthermore never returned to Tom once their usefulness as evidence was cleared.
7. His management and documentation of evidence collected displayed a clear lack of regard for the future need for identification and evaluation of individual plants, their counts, sexes, sizes, maturity classifications, and potencies as would be critical in the determination of the legitimacy of his operation.
8. His estimation of the total amount of usable THC product was vastly overestimated by included such items as large sticks and stems, clods of dirt and small stones.
As the detective’s value as a credible and responsible expert in the case withered, the second detective on site was called to the witness stand. This detective seemed positively sympathetic to Tom’s plight. He offered that Tom was polite and respectful during the raid, cooperated with the investigation and offered documentation to confirm his legitimacy. He also confirmed that the eradication process was nearly complete by the time the warrant was finalized. Needless to say, his time on the stand was cut short as it became clear that his testimony supported the defense far more than it supported the prosecution.
Lastly, the jury was excused while the physician used by some of Tom’s patients was brought to the stand. The defense attorney immediately objected to his anticipated testimony on the grounds that it would violate the patient/doctor privacy rights as dictated by HIPPA laws. The judge felt compelled to hear a bit more first, but it was soon determined that his testimony would not be admissible. It would not have been in the best interest of the prosecution to call him as a witness anyway as he admitted to his own drug and alcohol addictions, psychological breakdowns, and revocation of his license to practice medicine in the state of Colorado. He was just the sorry sort of character that would make the prosecution’s case look cheap and tawdry. There were no objections on either side of the bench to his removal.
And that concluded the prosecution’s case. It called to point, at best, the current lack of expertise on the part of law enforcement officers in assessing the legality of marijuana cultivation and production. At worst, it gave rise in my mind the possibility of ulterior motives and corruption on the part of the Sheriff’s office and its employees. In any event, the home court advantage shriveled in the murky details of their decisions. I breathed a sigh of relief and amazement, and look forward to Day Two when the defense has its day.
Jury Selection has started
Jury selection started at 8:00 am today in Pueblo county courthouse. Its expected to last until about 2:00 pm. The real drama start tomorrow at 9:00 am for opening arguments. We hope everyone can attend as both Tom’s life and Medical Marijuana patients rights are on the line.
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