POT CASE MAY HINGE ON PROFIT FROM CLUB SALES

Scraps of paper with names and dollar amounts could help a jury decide
whether a Petaluma pot farm was a legitimate source of medical marijuana or
a convenient way to make money.

During the first week of a trial in Sonoma County Superior Court,
prosecutors presented the scratch paper and other documents as evidence of
illicit drug transactions.

The defense, in turn, said they represent purchases of pot to supplement a
large crop being grown for a San Francisco medical marijuana buyers' club.

The clashes have extended beyond interpretation of the evidence, in what is
believed to be the state's first jury trial involving suppliers of a
medical marijuana club.

Defense attorneys moved for a mistrial at one point, objecting to the
testimony of Sheriff's Deputy Steve Gossett, who ventured a legal opinion
they said was improper. Gossett, a drug officer, said he did not believe
one person could be a caregiver for 1,280 people.

That is a crucial question for jurors deciding whether Ken Hayes and
Michael S. Foley were dealing drugs or following the state's medical
marijuana law.

The law, approved by voters in 1996, allows people to use marijuana with a
doctor's recommendation. It also has a provision covering caregivers.

Defense attorneys asked for a mistrial after Gossett twice expressed his
view about the caregiver issue.

Judge Robert Boyd denied the request, but cautioned the officer to withhold
his opinion.

Gossett, an expert on marijuana cultivation, has been the sole witness to
testify over the first three days. His cross-examination will continue Monday.

Hayes and Foley say they were employees of the Castro district club known
as CHAMP, or Cannabis Helping People Alleviate Medical Marijuana Problems.

They say the San Francisco Board of Supervisors approved of the marijuana
buyers club.

Sonoma County District Attorney Mike Mullins says the cannabis club is not
on trial, just the two men linked to an 899-plant farm on King Road in
Petaluma.

"We have no problem with the club," said prosecutor Carla Claeys. "It did
some good things."

Gossett, the main witness for the prosecution, said he believes Hayes was
selling marijuana at a profit to CHAMP, saying it is the same as brokering
an illicit deal.

Gossett said records seized at Hayes' place indicate he made more than
$1,300 on one transaction in which he bought and then resold 2.4 pounds of
marijuana and one pound of hashish to the club.

Hayes' attorney, William Panzer, said Friday there is a reasonable
explanation which he expects will emerge later in the trial.

He previously has said courts have allowed caregivers to recoup their expenses.

Under questioning by Panzer, Gossett acknowledged that it was difficult to
tell whether the numbers on the documents represented sale or purchases of
marijuana, and could be either.

Gossett estimated the plants in the greenhouses and barns at the King Road
location could produce a crop of 112 to 168 pounds, with a value ranging
from $358,000 to $539,000.

Prosecutors displayed burlap bags filled with some of the marijuana seized
from Hayes and Foley.

In response to a question by Panzer, Gossett conceded that 1,280 club
members could go through all the marijuana in as little as a week, based on
guidelines for medicinal marijuana users in a federal program.

Gossett said the six greenhouses on the property were producing a new crop
every two weeks, and it is likely a large amount of marijuana had already
been cultivated before officers halted the operation on May 14, 1999.

Panzer challenged assertions that Hayes was making a lot of money selling
marijuana.

"What kind of Ferrari did Mr. Hayes own? What kind of Ferrari did he
drive?" Panzer asked.

Gossett replied that Hayes drove "a beat-up truck and old red Mazda" and
there wasn't a large amount of money in his bank account, fancy furniture
or expensive jewelry in the home.

Panzer contends Hayes had no incentive to sell pot on the black market,
saying he had built-in customers at the club who would buy everything he
had and more.

Asked what reason Hayes would have to sell it elsewhere, Gossett replied,
"some people just get a thrill out of dealing dope."