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Michigan Medical Marijuana Case Resolved After 1,500 Days

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Gavel michigan medical marijuana trial Bob Redden and Torrey ClarkThe case of Bob Redden and Torrey Clark ends in victory for the embattled patients; 7 year felonies reduced to non-reporting misdemeanors in Michigan’s toughest venue

OAKLAND COUNTY- They were the first to be charged under Michigan’s new medical marijuana law, and their case has the distinction of being the longest-running medical marijuana case in the state, but now it’s over. Attorneys Michael Komorn and David Rudoi announced that Bob Redden and Torey Clark have agreed to plead guilty to minor misdemeanors and end the case that has hounded them since March 2009.

Michigan voted to make marijuana legal for medicinal use in November of 2008. Shortly thereafter Redden and Clark received their recommendations to use cannabis from licensed physicians- Redden for a degenerative bone disease and Clark for cancer. In March 2009, according to court records, an anonymous tip led Madison Heights police to execute a search warrant on the house they shared. Police found 21 plantseach barely 3 inches tall and growing in small drink cups under a single light, in a bedroom closet;under Michigan law the pair were allowed to possess up to 24 plants.

The Redden case (as it became known), was originally dismissed at the preliminary exam, in Madison Heights. It then progressed through county courts and eventually was heard by the Michigan Court of Appeals. The Appellate Judges remanded the case back to the original court and heavily criticized Redden and Clarks certifying physician. After more legal wranglings the team of Komorn and Rudoi picked up the legal responsibilities for defending Redden and Clark, who had used a series of attorneys during previous court hearings.

Despite Oakland County Prosecutor Jessica Cooper and Assistant Prosecutor Beth Hand’s continued insistence that this was a serious crime and there must be a price paid, the tactics used to perpetuate the case eventually were their downfall. Cooper’s policy in Oakland County has been to ignore the illness and attack the doctor; to that end prosecutors intimidated two different physicians from testifying on Redden and Clark’s behalf by threatening the physicians with criminal charges.

This past Thursday arguments were alleged  regarding prosecutorial misconduct and proceedings went smoothly Friday morning, with Hand offering to drop the 7 year felony charges to misdemeanors for both  Clark and Redden, something rarely done in Oakland County. Komorn and Rudoi refused- accepting a felony plea was never an option for Redden. Instead of proceeding with a Section 8 medical marijuana defense hearing, as was scheduled, Cooper and Hand consulted privately and agreed to reduce charges on both defendants to low misdemeanors.

“We had seven motions filed, all ruled upon adversely to us by the judge. We had challenged the limited issue of whether the search warrant was present at the time (of the raid),” attorney Komorn said. “Surprisingly today the prosecutor’s office made an offer that reduced the seven year felony charges to a misdemeanor with an agreement of non-reporting probation for six months… I think that everyone on the defense team… believed in our hearts that no jury would convict (Redden and Clark), but at the end of the day, the clients wanted relief from the 4 years of abuse. At this point of the proceedings, when the offer came it was an opportunity to dispose of the case with no penalty and was something that Bob and Torrey considered a victory after all that they’d been through.”

Source: The Compassion Chronicles

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About Author

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer." Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.

5 Comments

  1. The prosecutor is. She was re-elected in 2012, will next be up for re-election in 2016.

  2. Are County Prosecutor Jessica Cooper and Assistant Prosecutor Beth Hand holding elected positions? If so, I hope their behavior is remembered, come next election.

  3. Lyle Winterhalder on

    The police could be hurt going after such hardened criminal. That’s why they like to bust pot heads. Worst case you might get a drumstick or a piece of pizza thrown at you.

  4. If they were allowed 24 plants and there were only 21, there should have been a prima facie dismissal of the charges and the police involved laughed off the force, all in the first 2 days.

    What a travesty of justice.

  5. So two card holders with 21 three inch plants have to go 4 years of hell because some bitch has a hard on about medical marijuana.The crime I see here is the Oakland county prosecutor Jessica Cooper is misusing her job.The effort and moneys spent by her office should have been directed on crack or meth problems in her county.But we have a attorney general Mr.Bill Shitty that was backing her up.Its been known that from day one Mr. Bill has done everything in his power to bust every card holder he can get his hands on.Take anything of value from card holders and never charge the person.
    Now I see Mr.Bill has his eye on the governors job,if this asshole is ever elected … Ill move out of this state that I was born in and spent 60 years of my life in.
    Alpha

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