Last modified: July 11, 2012 10:56pm UTC
Preliminary Hearing Trial Transcript
February 18, 2004 - page 29
1 continuous preliminary hearing. I would ask for the
2 defendant to waive that so for purposes
3 MR. SASNETT: I would advise him to do that. I would
4 suggest the cases I cited, I have printed out copies.
5 MR. ADAMS: Your Honor, if I may, there is ample
6 evidence to hold him to answer. It is clear he was
7 cultivating marijuana.
8 THE COURT: There is no question he is cultivating
9 marijuana. The question I have is whether or not, given
10 the documentation that has been submitted at the
11 preliminary hearing, if there is an affirmative defense
12 that makes it noncriminal cultivation.
13 I have to be able to determine that there is
14 reasonable cause to believe a crime has been committed
15 and in fact there is a lot of things you may do, under
16 some circumstances that may be illegal but you can bring
17 a police officer in here and say he is carrying a weapon
18 that doesn't necessarily mean he is committing a crime.
19 Whereas if you can establish he is an ex-felon or that
20 it is a registered weapon, it does. Submit it?
21 MR. ADAMS: I understand what you are saying, your
22 Honor. However, I am somewhat at a disadvantage today
23 because I have handled this case at the last minute which
24 is why I recommend to your Honor that he be held to answer
25 today based on the strength of the evidence and both
26 sides be allowed to fully brief the issues and present the
27 law to yourself.
28 The fact that Mr Sasnett just cited three cases