Last modified: July 11, 2012 5:56pm CDT
Preliminary Hearing Trial Transcript
February 18, 2004 - page 30
l for you to look up while in the meantime I am sitting
2 over here specially appearing for Mr. Martinez, I do feel
3 a distinct disadvantage.
4 That being said, there is ample evidence, and I
5 don't believe the affirmative defense is strong enough at
6 the preliminary hearing to get over the hurdle for him not
7 to be held to answer.
8 MR. SASNETT: For whatever impact it might have on
9 the courts decision Mr. Canada is willing to waive his
10 right to continuous preliminary hearing and I have
11 printed out the three Cases I Cited without marking them
12 up in any way if anyone wants to take a look at those
14 MR. ADAMS: Well, if your Honor would give the People
15 an opportunity to grab a couple of cases and cite them.
16 THE COURT: What I would suggest in this matter is
17 to, since there is an agreement to waive the continuous
18 preliminary hearing, if you can both submit briefs to me
19 on this issue as to the applicability of the compassionate
20 marijuana usage I have some real questions as to the
21 amount that is involved here.
22 I would like to find something that indicates
23 that. I want to find out these cases whether or not they
24 deal with the amounts involved in it also. I don't know
25 if it is a like check to do whatever he wants to do.
26 There may be, I am kind of thinking this out as
27 I discuss it, I probably shouldn't do that -
28 MR. ADAMS: Your Honor, can we go far enough where we