ORANGE COUNTY'S FIRST MEDICAL MARIJUANA TRIAL STAYED

Courts:An appeals panel will consider whether the prosecution misused
evidence provided by the defense.

A state appellate court has postponed Orange County's first medical
marijuana trial so it can consider arguments that prosecutors improperly
used evidence disclosed by the defence to file more serious charges.

The 4th District Court of Appeal in Santa Ana ordered the stay Thursday in
the case against David Herrick, charged with selling marijuana to members
of the Orange County Cannabis Co-op.

Originally, Herrick was charged with possession of marijuana for sale. But
that case was dismissed after defense attorneys provided evidence,
including a list of the co-0-'s clientele, to the prosecution.

The Orange County District Attorney's Office then filed charges of selling
marijuana against Herrick. The sales were allegedly made to customers whose
names were in the evidence provided the prosecution.

Because Proposition 215 does not permit the sale of marijuana, Herrick will
not be allowed to use the medical marijuana initiative as a defense.

The defense motion also alleged that the prosecution filed criminal charges
against the co-op's leader, Marvin Chavez, preventing him from being used
as a defense witness as planned.

Deputy Public Defender Sharon Petrosino said she was required by evidence
"discovery" laws to provide the information to the prosecution.

"I don't think we should be forced to provide discovery that ultimately
hurts our client," Petrosino said.

Deputy District Attorney Carl Armbrust, who is prosecuting both Herrick and
Chavez, said he expects to prevail on appeal.

The appellate court gave the prosecution until March 16 to respond to the
defense brief. The trial will be stayed until the appellate court rules.