The MENDOCINO COUNTRY
Independent Cannabis Pages
SENTENCING IN MENDOHEALING
MMJ CASE, 2007
SUMMARY: On July 20, 2007 Mendocino
County superior court judge David Nelson handed down moderate sentences
in the cases of two men who had pled no contest to felony marijuana
growing in a famous 2005 Fort Bragg case. Despite frenetic demands by
ADA Lee Nerli, Nelson refused to impose suspended prison terms on David
Moore and Michael Schneider of MendoHealing Cooperative.
by Richard Johnson
Moore is a medical marijuana patient who started a
marijuana farm on Mitchell Creek Road in Fort Bragg and was producing
medicinal grade cannabis by organic methods In 2001 he briefly operated
a dispensary on Highway One south of Fort Bragg in which the
Medical Marijuana Patients Union was involved.
In late 2003, feeling confident in his productive
capacity, he opened a dispensary in San Francisco. The mission of
MendoHealing was to supply the need of low income patients -- many of
whom were afflicted with AIDS -- for low cost medical marijuana.
But Moore's low prices -- and a policy of giving a
few free grams to people in need -- resulted in long lines of
clients outside the door of the storefront on Lafayette, a small street
that runs off Howard between 11th and 12th.
Some residents were righteously upset about young
men loitering in front of their homes smoking pot, being rude, offering
cannabis for sale, taking up parking spots, double-parking, etc.
MendoHealing canceled the giveaway policy and upped
the price slightly but it was too late to mollify the Lafayette St.
NIMBYs. Moore began looking for another location. Before he could find
one, a lawyer hired by the neighbors got a court order to close
MendoHealing as a nuisance. Moore kept MendoHealing functioning as a
delivery service and hired a San Francisco attorney, Terry Goggin, a
former state legislator, to fight for his right to relocate.
But before he could, Moore's Fort Bragg property was
raided November 3, 2005 -the peak of the harvest--by a task force
consisting mainly of FBPD officers and Mendocino County sheriff's
deputies who had conducted an investigation after neighbors complained
about traffic at all hours of the day and night.
There they found Some 65 Mexican farmworkers
trimming and packaging pot under one roof. From them, the authorities
took $54,000 in cash as evidence. From each wallet that had more than
$100, they took the remainder and returned the rest later in the
evening. One worker had $8000 taken, which he had earned in the grape
harvest.
They also seized 1,707 marijuana plants and 1,000
pounds of processed, trimmed marijuana from the barn.
Sheriff's Captain Kevin Broin in his capacity as
department spokesman said the sheer size of the operation showed it was
clearly commercial, and not medical.
Moore, however, has claimed he had authorizations
from patients to grow that much marijuana for medical purposes. But all
the evidence at the site to prove that was siezed by the raid team.
They claimed that MendoHealing had as many as 2,000 patients members in
the City.
DAVID
MOORE, mugshot 2009
Belief is No Defense:
Moore had an extensive record of cooperating with
local authorities, including Sheriff Craver (who retired a month later). Deputy
Kendall came out to
review the operation in 2003, and the planning department issued a use
permit. They also paid taxes and kept complete records of finances and
medical recommendations.
They also had consulted then SF county DA Terrence
Hallinan about how to operate the dispensary within the law.
Their defense was they believed they were operating
in compliance with state law because various authorities had told them
they were.
Eventually, six people were charged with felony
possession for sale, including Mike Schneider the farm manager. Moore
and Schneider decided to plead no contest in exchange for charges being
dropped against the other four, and a 180 day lid on any jail time.
Their lawyers were told the DEA would bring federal charges if they did
not take the deal. Moore and Schneider agreed, thereby losing their
chance to present their defense to a jury.
By the time sentencing came around, the probation
department and assistant DA Lee Nerli added another demand, that the
judge impose a state prison sentence with the execution suspended on
compliance with probation.
On July 20, former DA Hallinan and a host of
colorful Bay Area characters came to Ukiah to tesify at Moore's
sentencing. The gist of Hallinan's testimony was that he believed Moore
was motivated by a desire to provide low cost marijuana to people with
a genuine medical need, and that he had told him so when MendoHealing
was in business. He was aware of the grow operation in Fort Bragg, and
as far as he knew it was within the law.
He testified that San Francisco County has a long
history of tolerance for marijuana and extensive experience with AIDS
patients. In fact, there is a personal use ordinance in effect there.
In asking for the suspended prison time, prosecutor
Nerli went into histrionics that were way over the top. He focused on
the presence of the Mexicans at the site, and pointed out they were
smoking pot and drinking beer while they were working.
He then went into a kind of verbal apoplexy, almost
spitting, pointing to the large scale of the operation, he then went
started barking about "murdering, armed robbers" being attracted to
Mendocino County by medical marijuana, perhaps referencing the
nationality of the hired trimmers, switching from the "illegal alien
Mexicans" to the murder of Les Crane, referencing his having seen Les'
"bullet ridden body," accused the defendants of putting the safety of
the people in jeopardy, and the need of the populace to "arm
themselves." When he went on to say the second shift of trimmers was
going to be Fort Bragg High School students, defendant supporters in
the audience stifled cries of "liar!"
Defense attorney Doron Weinberg characterized
Nerli's presentation as "unfair and inappropriate," pointing out the
prosecutor had not presented any evidence to support his claims.
Weinberg allowed as how there were aggravating circumstances, but kept
asking what was the underlying crime that was aggravated.
Judge Nelson was also not impressed. He said the
unusual nature of the case gave him leave to depart from the
recommendation of the probation department and decline to impose the
suspended prison time. He sentenced Moore to 90 days in jail, three
years probation, and a fine of $7,500. During the probation, Moore was
not to cultivate or process marijuana, but could possess it if he had a
valid Prop. 215 card. Schneider got 30 days in jail with work release,
and 50 hours of community service with similar probation conditions. •