California:
Dave
Herrick
Denied
Medical
Defense
5/10/98
Causing concerns about his impartiality, Orange County Superior Court Judge William Froeberg on Thursday, May 7, 1998 refused to allow Dave Herrick to present a medical defense to charges of "selling" marijuana. Rejecting Herrick's effort to present a Proposition 215 or medical necessity defense, the judge sarcastically asked public defender Sharon Petrosino, "Does he think he's Mother Theresa?" Herrick, a former police officer, has been in jail for a year on charges of selling marijuana in the course of volunteer work with the Orange County Patient / Doctor / Nurse Support Group. The volunteers gave away marijuana to patients with confirmed doctor's recommendations, requesting a $20.00 donation for the co-op, but providing the marijuana regardless of whether the donation was made. Herrick reportedly suffers from chronic back pain due to a dislocated disc, but has been allowed only four Tylenol a week during his incarceration. His hearing was attended by about 30 medical cannabis supporters, who carried signs and wore buttons supporting the defendants. Canes and crutches of the participants were taken by the bailiffs, due to concern that these items could be used as "weapons." The judge further prohibited the signs and the wearing of the buttons in the courtroom and the hallways, possibly to avoid contamination of the jury. Denied her proposed defense, public defender Sharon Petrosino indicated she would have no witnesses other than those called by the prosecution. Proceedings are still pending for other defendants on related charges, Marvin Chavez and Jack Shacter.
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