2008 Woodie Awards
Supporters of medical marijuana law take issue with federal case
John Ellis
Issue date: 5/2/08 Section: News
But they also might want to return the gesture that Scarmazzo displayed in his video.
"If they have a strong case, a case they would have brought anyway, taking some satisfaction in going after this guy is just human," he said of the video.
"It shouldn't influence their decision-making, but that doesn't mean they can't take some pleasure in putting on this evidence."
Assistant U.S. Attorney Kathleen Servatius, who is prosecuting the case, did not return a phone call seeking comment.
The trial comes more than 18 months after U.S. Drug Enforcement Administration agents raided California Healthcare Collective, Modesto's only medical marijuana dispensary.
Investigators had purchased marijuana from the clinic with fake doctor recommendations and, affidavits filed in the case say, found healthy people who obtained the drug from CHC.
Investigators found more than 1,100 marijuana plants, 13 guns, 60 pounds of processed marijuana and $140,000 in cash in homes associated with the defendants.
CHC sold $4.5 million worth of medical marijuana in two years. Scarmazzo, 27, has said he was making $13,000 a month as its treasurer and secretary.
Four lower-level employees of the dispensary are scheduled to plead guilty to lesser charges - though the plea deals are not an absolute certainty.
That would leave Scarmazzo and Montes, listed in records as the company's president, to stand trial.
For both men, the stakes are high because - in addition to manufacturing and distributing marijuana, and conspiracy charges - they also face a felony charge of operating a continuing criminal enterprise.
It's a charge that carries a mandatory 20-year minimum prison sentence, with the maximum possibility of a life term.
Capozzi hopes to argue that the two men believed they were following established state law in operating the business. They had a business license. They paid state and federal taxes. In short, Capozzi said, they did not intend to violate the law.
Servatius argued in legal papers that the defendants' belief that their conduct was lawful is irrelevant.
U.S. District Judge Oliver W. Wanger has yet to decide if the defendants may argue that they believed their conduct was legal.
Kris Hermes, legal campaign director with Americans For Safe Access, an organization that supports medical marijuana, said the upcoming trial will get a lot of attention from medical marijuana activists, because not many cases make it this far. Scarmazzo's and Montes's trial, he said, is only the third since the Supreme Court decision.
"There are far, far more raids and indictments, and not many proceeding to trial," he said. "A lot of people unfortunately are pleading out and not putting up a fight against the federal government."
Correspondent Susan Herendeen of the Modesto Bee contributed to this report.
"If they have a strong case, a case they would have brought anyway, taking some satisfaction in going after this guy is just human," he said of the video.
"It shouldn't influence their decision-making, but that doesn't mean they can't take some pleasure in putting on this evidence."
Assistant U.S. Attorney Kathleen Servatius, who is prosecuting the case, did not return a phone call seeking comment.
The trial comes more than 18 months after U.S. Drug Enforcement Administration agents raided California Healthcare Collective, Modesto's only medical marijuana dispensary.
Investigators had purchased marijuana from the clinic with fake doctor recommendations and, affidavits filed in the case say, found healthy people who obtained the drug from CHC.
Investigators found more than 1,100 marijuana plants, 13 guns, 60 pounds of processed marijuana and $140,000 in cash in homes associated with the defendants.
CHC sold $4.5 million worth of medical marijuana in two years. Scarmazzo, 27, has said he was making $13,000 a month as its treasurer and secretary.
Four lower-level employees of the dispensary are scheduled to plead guilty to lesser charges - though the plea deals are not an absolute certainty.
That would leave Scarmazzo and Montes, listed in records as the company's president, to stand trial.
For both men, the stakes are high because - in addition to manufacturing and distributing marijuana, and conspiracy charges - they also face a felony charge of operating a continuing criminal enterprise.
It's a charge that carries a mandatory 20-year minimum prison sentence, with the maximum possibility of a life term.
Capozzi hopes to argue that the two men believed they were following established state law in operating the business. They had a business license. They paid state and federal taxes. In short, Capozzi said, they did not intend to violate the law.
Servatius argued in legal papers that the defendants' belief that their conduct was lawful is irrelevant.
U.S. District Judge Oliver W. Wanger has yet to decide if the defendants may argue that they believed their conduct was legal.
Kris Hermes, legal campaign director with Americans For Safe Access, an organization that supports medical marijuana, said the upcoming trial will get a lot of attention from medical marijuana activists, because not many cases make it this far. Scarmazzo's and Montes's trial, he said, is only the third since the Supreme Court decision.
"There are far, far more raids and indictments, and not many proceeding to trial," he said. "A lot of people unfortunately are pleading out and not putting up a fight against the federal government."
Correspondent Susan Herendeen of the Modesto Bee contributed to this report.
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