JUDGE THREATENS MISTRIAL IN POT CASE

The judge in a high-stakes medical marijuana trial suspended proceedings
and threatened to declare a mistrial Wednesday after a witness castigated
the prosecutor about his own case.

Sonoma County Judge Robert Boyd said he was troubled by the testimony and
would decide Monday whether jurors can remain unbiased after what they heard.

Dan Wathen was called to testify about a marijuana buyers' club and two men
associated with it -- Kenneth E. Hayes and Michael S. Foley -- who are
charged with marijuana cultivation and possession for sale.

But Wathen also volunteered to the jury that he went to their San Francisco
club for advice and support in dealing with his own arrest in Sonoma County
for possession of two pounds of marijuana.

"I was a law-abiding citizen who never had trouble with the law," he said,
adding that he was worried about becoming a felon.

After many court appearances, the case against Wathen was dropped, but he
told the jury that prosecutor Carla Claeys contacted his doctor, who
subsequently changed his mind about approving marijuana for his migraines.

Outside the presence of the jury, Claeys objected vigorously, saying she
was "ambushed" by the defense.

She said Wathen implied "I fabricated evidence to get his doctor to change
his story. He's implied I twist facts."

She asked for a mistrial, then dropped her request, although the judge said
he is considering a mistrial on his own volition.

Boyd said he wants both sides to submit legal briefs on the matter so he
can determine if the trial can go on.

The trial was in its third week, and Boyd complained about the pace late
last week, saying there was a risk of losing jurors if it didn't move along
more quickly.

While Hayes and Foley are accused of illegally profiting from the 899-plant
operation in Petaluma, they received Hallinan's approval for their cannabis
club and commendations from the San Francisco Board of Supervisors and
Mayor Willie Brown.

Wednesday's was not the first mistrial request in the case.

Defense attorneys Nicole DeFever and William Panzer unsuccessfully sought
one after objecting to testimony by the prosecution's main witness,
Sheriff's Detective Steve Gossett.