MEDICAL POT CASE HAS NEW CHARGES

Retrial Is Set For March 21

A Placer County judge set a new date Friday for the retrial of a Rocklin
dentist and his wife in a controversial case involving the growing of
marijuana for medical use.

Superior Court Judge James L. Roeder rescheduled the second trial of
Michael Baldwin, 36, and his wife, Georgia, 35, for March 21. The jury
deadlocked in May during the Baldwins' first trial on charges of possession
of marijuana for sale.

Prosecutors charged the couple with possession-for-sale based on the number
of marijuana plants being grown -- 146 -- and the discovery of a digital
gram scale and empty boxes of baggies in the Baldwins' residence.

The Baldwins have contended they used the marijuana for medicinal reasons
and had written recommendations from a physician.

They deny selling the plants.

Their case is being followed closely throughout the state because of its
implications for Proposition 215, the Compassionate Use Act approved by
voters in 1996.

The Baldwins' retrial, originally scheduled for Nov. 9, will feature
amended charges against the couple.

The District Attorney's Office added a charge of misdemeanor possession of
more than one ounce of marijuana against each of the Baldwins.

The new charges left the Baldwins' defense lawyers unhappy.

"They know they won't get a conviction on the possession-for-sale charge,"
said Tony Serra, who represents Georgia Baldwin. "They're thinking maybe
they'll get a conviction on this lesser charge."

"They wanted this simple possession charge as a fallback," said J. David
Nick, Michael Baldwin's attorney.

Cliff Gessner, supervising deputy district attorney, said the amended
charge is being sought because prosecutors don't feel the amount of
marijuana in the Baldwins' home was reasonable.

During the first trial, the prosecution produced no evidence that the
couple actually sold or attempted to sell their crop.

The jury split 6-6 on whether Michael Baldwin intended to sell any of the
marijuana, and it was deadlocked at 7-5 in favor of acquitting his wife on
the same charge.

After the trial, David Brownstein, the jury foreman, said, "We couldn't get
into someone's mind to prove the intent to sell."

Brownstein said jury members favoring conviction felt the Baldwins had
grown much more marijuana than they could use for their ailments --
Michael's migraine headaches and back pain and Georgia's migraines and
endometriosis.

On Friday, Gessner was unsuccessful in convincing Judge Roeder to revisit
issues that had caused the judge in the first trial, James D. Garbolino, to
acquit the Baldwins on charges of cultivation of marijuana for sale.