News (Media Awareness Project) - US CA: Ex-Chico State Instructor's Marijuana Sales Case Resolved With Plea Barga |
Title: | US CA: Ex-Chico State Instructor's Marijuana Sales Case Resolved With Plea Barga |
Published On: | 2008-08-08 |
Source: | Chico Enterprise-Record (CA) |
Fetched On: | 2008-08-13 14:47:36 |
EX-CHICO STATE INSTRUCTOR'S MARIJUANA SALES CASE RESOLVED WITH PLEA BARGAIN
OROVILLE A former Chico State University instructor could face up
to three years in prison, after pleading guilty in court Thursday to
possession for sale of a large amount of marijuana.
Given it was her first criminal conviction, the lawyer for Elaine
Illana Meiri, 42, said he will ask for a grant of probation when she
comes up for sentencing next month.
Meiri was working as a Hebrew studies instructor at the university
when she was arrested earlier this year following the interception of
nearly three pounds of processed pot discovered in a UPS parcel bound
for an address in Hawaii.
A subsequent search of her Centennial Avenue property in Chico turned
up in excess of 44 pounds of marijuana in various stages, said
prosecutors in court Thursday.
Some of the pot was found in a smaller residence attached to Meiri's
house occupied by Denver Troyer, 56.
Troyer did not enter into the same plea bargain Thursday.
His attorney, William Short, said he will seek to suppress the
marijuana allegedly found in Troyer's residence, partially on grounds
officers failed to knock before entering the premises.
Deputy district attorney A.J. Haggard contends that because the two
dwellings were attached, officers were only required to knock at the
front portion of the house where Meiri resided.
The prosecutor confirmed that during the drug bust, medical marijuana
recommendations were found in Troyer's name and at least one other
person, but none for Meiri.
Meiri's attorney, Dane Cameron, contends his client also had a
doctor's recommendation to use marijuana for medicinal purposes, but
it was not at the residence when police searched it.
Complicating the issue, he said, is a recent court ruling which
struck down legislation attempting to place specific limits on how
much marijuana a patient could possess or grow at one time because
that language was not included when California voters approved the
medical marijuana initiative in 1996.
Cameron said that leaves open to interpretation how much marijuana is
considered "medically necessary,'' since that can vary from patient to patient.
"Clearly, though, she was over the amount of marijuana a person can
have," the Meiri's attorney conceded outside of court.
Meiri, who has not taught at the university since her arrest, had
planned to accept the plea-bargain months ago, according to her
attorney, but the deal was held up to resolve a related civil
asset-forfeiture action filed against her by the District Attorney's Office.
Cameron told Superior Court Judge Sandra McLean Thursday he is still
attempting to obtain records to show that the $4,500 in cash seized
from Meiri's property was not the proceeds of any illegal activity
and should be returned to her.
In exchange for her guilty plea to the felony marijuana possession
count, prosecutors dropped a related transportation charge against
Meiri, which related to the UPS package that was intercepted.
Haggard said outside of court that Hawaiian authorities are still
investigating the individual whose name and address was on the parcel
containing the processed pot that Meiri tried to ship.
Pending sentencing in the case, the judge has allowed Meiri to remain
free on $79,000 bail posted earlier.
OROVILLE A former Chico State University instructor could face up
to three years in prison, after pleading guilty in court Thursday to
possession for sale of a large amount of marijuana.
Given it was her first criminal conviction, the lawyer for Elaine
Illana Meiri, 42, said he will ask for a grant of probation when she
comes up for sentencing next month.
Meiri was working as a Hebrew studies instructor at the university
when she was arrested earlier this year following the interception of
nearly three pounds of processed pot discovered in a UPS parcel bound
for an address in Hawaii.
A subsequent search of her Centennial Avenue property in Chico turned
up in excess of 44 pounds of marijuana in various stages, said
prosecutors in court Thursday.
Some of the pot was found in a smaller residence attached to Meiri's
house occupied by Denver Troyer, 56.
Troyer did not enter into the same plea bargain Thursday.
His attorney, William Short, said he will seek to suppress the
marijuana allegedly found in Troyer's residence, partially on grounds
officers failed to knock before entering the premises.
Deputy district attorney A.J. Haggard contends that because the two
dwellings were attached, officers were only required to knock at the
front portion of the house where Meiri resided.
The prosecutor confirmed that during the drug bust, medical marijuana
recommendations were found in Troyer's name and at least one other
person, but none for Meiri.
Meiri's attorney, Dane Cameron, contends his client also had a
doctor's recommendation to use marijuana for medicinal purposes, but
it was not at the residence when police searched it.
Complicating the issue, he said, is a recent court ruling which
struck down legislation attempting to place specific limits on how
much marijuana a patient could possess or grow at one time because
that language was not included when California voters approved the
medical marijuana initiative in 1996.
Cameron said that leaves open to interpretation how much marijuana is
considered "medically necessary,'' since that can vary from patient to patient.
"Clearly, though, she was over the amount of marijuana a person can
have," the Meiri's attorney conceded outside of court.
Meiri, who has not taught at the university since her arrest, had
planned to accept the plea-bargain months ago, according to her
attorney, but the deal was held up to resolve a related civil
asset-forfeiture action filed against her by the District Attorney's Office.
Cameron told Superior Court Judge Sandra McLean Thursday he is still
attempting to obtain records to show that the $4,500 in cash seized
from Meiri's property was not the proceeds of any illegal activity
and should be returned to her.
In exchange for her guilty plea to the felony marijuana possession
count, prosecutors dropped a related transportation charge against
Meiri, which related to the UPS package that was intercepted.
Haggard said outside of court that Hawaiian authorities are still
investigating the individual whose name and address was on the parcel
containing the processed pot that Meiri tried to ship.
Pending sentencing in the case, the judge has allowed Meiri to remain
free on $79,000 bail posted earlier.
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