News (Media Awareness Project) - US CA: Bail Revoked For Medical Marijuana Advocate |
Title: | US CA: Bail Revoked For Medical Marijuana Advocate |
Published On: | 2000-01-06 |
Source: | Los Angeles Times (CA) |
Fetched On: | 2008-09-05 07:19:50 |
BAIL REVOKED FOR MEDICAL MARIJUANA ADVOCATE
A federal magistrate revoked bail for medical marijuana advocate Todd
McCormick on Wednesday, citing what he said was "clear and convincing
evidence" that McCormick was smoking pot when he allegedly led a CHP
officer on a 90-mph chase in November. But Judge James W. McMahon said he
had no authority to rule on a prosecutor's motion to forfeit part of the
$500,000 bail posted on behalf of McCormick by actor Woody Harrelson.
He said that question must be decided by U.S. District Judge George H.
King, who is scheduled to sentence McCormick Feb. 28 on a separate drug
conspiracy charge.
McCormick pleaded guilty in November to that charge, involving allegations
that he was cultivating and intending to sell more than 4,000 marijuana
plants at a rented Bel-Air mansion. In that case, McCormick had been barred
from using California's medical marijuana initiative as a defense.
McCormick had been counting on King allowing him to remain free on bond
after his sentencing while he appeals his conviction. Those hopes could now
be dashed because of the magistrate's ruling Wednesday.
After a two-day hearing, McMahon found that McCormick, 29, violated several
terms of his bail release.
A California Highway Patrol officer testified Tuesday that he chased
McCormick for four miles on the Riverside Freeway in Orange County on Nov.
21 before McCormick pulled over.
During the pursuit, the officer said, McCormick threw a small item out of
the driver's window. It was not recovered. The officer said he also
detected a strong odor of marijuana coming from the car during the roadside
stop.
McCormick, who admitted that he did not have a driver's license, sped off,
nearly knocking down the highway patrolman.
After a second chase, McCormick was arrested, booked at the Orange County
Jail and released on his own recognizance. He was charged with three
misdemeanors and two traffic infractions.
In his ruling Wednesday, McMahon said that Assistant U.S. Atty. Jacqueline
Chooljian had established that the officer had probable cause to arrest
McCormick, a ground for revoking his bail.
The magistrate said the evidence was even stronger that McCormick was
smoking marijuana during the high-speed chase, endangering the lives of
others as well as the highway patrolman.
McMahon issued a warrant for McCormick's arrest Dec. 15 as a result of the
chase. But federal marshals were unable to locate him at Harrelson's Big
Bear Lake home, which he had listed as his place of residence.
A federal magistrate revoked bail for medical marijuana advocate Todd
McCormick on Wednesday, citing what he said was "clear and convincing
evidence" that McCormick was smoking pot when he allegedly led a CHP
officer on a 90-mph chase in November. But Judge James W. McMahon said he
had no authority to rule on a prosecutor's motion to forfeit part of the
$500,000 bail posted on behalf of McCormick by actor Woody Harrelson.
He said that question must be decided by U.S. District Judge George H.
King, who is scheduled to sentence McCormick Feb. 28 on a separate drug
conspiracy charge.
McCormick pleaded guilty in November to that charge, involving allegations
that he was cultivating and intending to sell more than 4,000 marijuana
plants at a rented Bel-Air mansion. In that case, McCormick had been barred
from using California's medical marijuana initiative as a defense.
McCormick had been counting on King allowing him to remain free on bond
after his sentencing while he appeals his conviction. Those hopes could now
be dashed because of the magistrate's ruling Wednesday.
After a two-day hearing, McMahon found that McCormick, 29, violated several
terms of his bail release.
A California Highway Patrol officer testified Tuesday that he chased
McCormick for four miles on the Riverside Freeway in Orange County on Nov.
21 before McCormick pulled over.
During the pursuit, the officer said, McCormick threw a small item out of
the driver's window. It was not recovered. The officer said he also
detected a strong odor of marijuana coming from the car during the roadside
stop.
McCormick, who admitted that he did not have a driver's license, sped off,
nearly knocking down the highway patrolman.
After a second chase, McCormick was arrested, booked at the Orange County
Jail and released on his own recognizance. He was charged with three
misdemeanors and two traffic infractions.
In his ruling Wednesday, McMahon said that Assistant U.S. Atty. Jacqueline
Chooljian had established that the officer had probable cause to arrest
McCormick, a ground for revoking his bail.
The magistrate said the evidence was even stronger that McCormick was
smoking marijuana during the high-speed chase, endangering the lives of
others as well as the highway patrolman.
McMahon issued a warrant for McCormick's arrest Dec. 15 as a result of the
chase. But federal marshals were unable to locate him at Harrelson's Big
Bear Lake home, which he had listed as his place of residence.
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