Olson Trial Notes
March 9 -- Today's medical marijuana trial was filled with objection and argument, and the judge angrily recessed many times. Kitsap County prosecutors threatened multiple defense witnesses with criminal prosecution, and attempted to disuade or forbid all defense witnesses from testifying.
Pam Olson was charged by Kitsap prosecutors last year and plead guilty to manufacture of marijuana for the exact same medical marijuana grow. The prosecutor repeated throughout today's hearing that Kitsap County reserves the right to bring at least four new charges against her, including maintaining a home for the purpose of growing marijuana, marijuana posession, conspiracy to manufacture marijuana, etc.
Prosecutor Alexis Foster (WSBA #37032) used the same threatening tactics against defense witness Jody Bonn. Mr. Bonn took the stand with his court-appointed attorney by his side, answered a very few personal questions, and proceeded to take the fifth on every question asked, in an hour-long, objection-and-argument-filled scene.
Threats didn't just come from the prosecutor. At one point the sharp and short-tempered Leila Mills informed the defense attorney that he would face "serious consequences" if he asked questions at trial to which the witnesses had already taken the fifth. Judge Mills got super mad at the defense attorney for pointing his finger at her, warning him once and abruptly recessing and storming out of court the second time.
Pam Olson was cross-examined twice today by prosecutors, in a somewhat bizarre "practice trial" to see which questions two defense witnesses might take the fifth on. The "mini trial," as the defense called it in objection, was concluded before the lunch recess, but the prosecutor came back after lunch with more questions she wanted to ask. She was allowed to again pepper Mrs. Olson with questions, the whole time standing six feet from the witness and inching ever closer. The whole affair seemed a bit odd.
The so-called "medical marijuana bible" was a hot topic of debate today! The defense produced a copy of Jorge Cervantes book "Marijuana Horticulture: The Indoor/Outdoor Medical Grower's Bible," which was objected, debated, loaned to Kitsap County, and may have a ruling soon from a Washington State judge on whether it is or is not, quote, "a learned treatise." At times it felt hard to contain one's smile, but fear of the judge's wrath helped with that.
The authorizing doctor was also discussed at length. Dr. Thomas Orvald from The Hemp and Cannabis Foundation was portrayed as a difficult and busy witness. Prosecutor Foster traveled to his Bellevue clinic last Friday, with two sheriff's detectives in tow, to do a pre-trial interview. That never happened, however, as Dr. Orvald was late, then indicated that they would do the interview at a hotel conference room near the clinic. The prosecutor told the court that she was concerned for her safety, "given the feelings of the medical marijuana community about this case." Dr. Orvald was scheduled to appear Wednesday at 1:30, but Judge Mills ordered him to appear at noon for an interview with prosecutors -- an order backed up by the threat of arrest.
Prosecutors are trying to exclude testimony from Paul Stanford, the director of The Hemp and Cannabis Foundation, claiming he is not an expert in the science of marijuana. The defense is to produce evidence to the contrary by tomorrow morning. The THCF clinic is the source of the information the Olson's relied upon to determine how they could comply with the law.
A final defense witness was ordered to consult with a public defender, after the prosecutor indicated she would question him about all kinds of potentially incriminating things should he testify. The particular witness was alleged by the paid confidential informant -- the seemingly not-so-upstanding Mr. Kenny -- to have purchased marijuana from Bruce Olson when the two were driving home from work. Problem is their employer says they weren't employed until three months after WestNET raided the Olsons. Mr. Kenny, who claims to have damaged his brain with drugs and alcohol, apparently has a bad memory.
The prosecution brought several more "in limine" motions late today. The court will take up tomorrow whether to define "usable marijuana" as the definition of "marijuana" found in RCW 69.50.101, which includes "all parts of the plant" except mature stalks. Never mind that the Department of Health rule -- WAC 246-75-010 -- specifically defines "usable marijuana" as the dried leaves and flowers of the cannabis plant. CDC vollies actually helped track down the relevant data through the defense attorney's cell phone and secretary. (Go team!)
It was a long, vehement day. Tomorrow begins at 9 a.m. at the Kitsap County Courthouse, 614 Division St. in Port Orchard, Washington. Your presence is requested. Please tell a friend, especially if they live on the Kitsap Peninsula.
* What: Kitsap County v. Bruce Olson, trial week
* When: Monday, March 9 - Thursday, March 12 - 9 a.m. every day
* Where: Kitsap County Courthouse, 614 Division St. in Port Orchard
* Map: http://maps.google.com/maps?q=614+Division+St+98366
