GRAND RAPIDS — Longtime Press sports columnist David Mayo has rejected a plea agreement and will see his marijuana growing and possession case set for trial where he faces up to seven years behind bars.
Assistant Kent County Prosecutor Gregory Boer offered Mayo the deal where he could have pleaded guilty to a reduced felony marijuana charge with a four-year maximum prison sentence for growing up to 20 plants.
In exchange for a guilty plea, the prosecution would drop a felony charge for growing between 20 and 200 marijuana plants, which carries a seven-year maximum sentence. The prosecution also would drop the other charge, a high-court misdemeanor of maintaining a drug house.
On Jan. 19, the Kent Area Narcotics Enforcement Team raided Mayo’s house and reported finding 71 plants and 32 ounces of marijuana in canning jars. Mayo is suspended without pay from his job at The Press.
“I’ve gone from sports columnist to Sizzler slinger, and I couldn’t be more grateful,” said Mayo who thanked the Brann family for offering him employment at the steakhouse, although he admitted the cost of his defense and the reduction in income has been tough for him and his wife, Denise, who also rejected her plea deal.
David Mayo’s voice cracked when he spoke of his wife’s illnesses.
“This has been a trying year,” said Mayo, but he said he has no ill will toward law enforcement, the prosecutor’s office or the media to which he once belonged.
I’m wondering what Denise Mayo’s illnesses are and whether attorney Block has figured out a way that Michigan’s new medical marijuana law protects the Mayos. The law does provide a pretty broad affirmative defense for medical users:
Sec. 8. (a) Except as provided in section 7, a patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:
(1) A physician has stated that, in the physician’s professional opinion, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition;
(2) The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition; and
(3) The patient and the patient’s primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition.
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This also points out the need for us to get ourselves on juries. During voir dire (the process where lawyers get to pick and choose the jury), they are looking for any reason to boot you if they think you’re cannabis friendly. You can’t lie about your views, but that doesn’t mean you have to tell the whole truth. Some examples:
Q: Do you belong to any organizations that would affect your ability to render a fair verdict in this marijuana trial?
Bad A: I am a member of NORML, but I think I can still be fair.
Good A: No, I can judge the case and the facts fairly (you’re not saying “No, I don’t belong to an organization.” You’re saying, “No, my belonging to an organization doesn’t affect my judgment.”)
Q: Do you support the medical marijuana laws of this state?
Bad A: Yes, I think medical marijuana is a good thing.
Good A: The people passed it into law and I support all state laws.
Q: Have you ever had any conviction on drug charges that would affect your ability to judge this case fairly?
Bad A: I got a ticket for marijuana possession when I was a teenager, but I can be fair.
Good A: No, I cannot think of any such incident that would affect my ability to be fair. (You’re not denying your marijuana ticket; you’re denying that it would affect your judgment. Now if they ask, “Have you ever had a conviction on drug charges?” you’d have to say “yes”.)
Good good, Im sick of hearing all these plea deals they talk people into. We all need to remember that a jury of our peers with the growing number of marijuana supporters across this nation and the fact that all smokers know to help other smokers in court, I truly believe we can win this war through the courts.
If they cant get a conviction, and they keep falling short due to jurys letting marijuana users off, they will have to stop, they cant afford it and cops will get sick of all the paperwork and time just to watch everyone walk. They cant afford to keep arresting us if they cant get convictions!
With thaty said, I wish Mayo and his wife both get good jurys and have at leat one or two supporters to free them! So remember smokers, dont get upset at that jury duty letter, look at it as a way to help your cause and get on a jury to help someone just like you and me, a Norml citizen!