FINAL ARGUMENTS MADE IN POT CASE

Court: Jury to begin deliberations on man charged with drug sales.

WESTMINSTER - The jury in the trial of medicinal marijuana advocate Marvin
Chavez was ordered Tuesday to consider only the law, while the defense
cried foul over the police undercover operations.

The six-man, six-woman panel is to begin deliberations today. Chavez
completed his testimony, punctuated by tears, in an emotional session Tuesday.

Chavez is facing nine felony charges of drug sales and one drugs-
transportation count. He told the jury he provided marijuana for medicinal
uses under Proposition 215, known as the Compassionate Use Act of 1996.

However, Deputy District Attorney Carl Armbrust reminded the jurors that
Prop. 215 is not to be part of their decision, and that any exchange of
marijuana for cash or favors is considered an illegal drug sale.

"The law is specific," he said. "And we have to abide by that specific law."

Armbrust said Chavez was using Prop. 215 as a shield to camouflage his drug
sales activities.

"There is no doubt that this was a very sophisticated marijuana sales
business," the prosecutor added.

Attorney J. David Nick of San Francisco, however, said that the case was an
example of abusive governmental process.

"There was a political witch hunt," he said, adding that the jury process
is meant to prevent oppression by the government's "corrupt or overzealous
prosecutors."

Nick complained about having to use "dental procedures" to extract complete
testimony from undercover officers about their activities, and he
criticized their failure to mention or produce all recordings of their
encounters with Chavez.

Armbrust shared in the effort to hide key information from the jury, Nick
charged.

"He purposely fell asleep at the wheel ... so that their unbelievable
conduct could be hidden from you."

Nick portrayed Chavez as a compassionate man, attempting to assist those
who had lived in dark closets so that they could relieve severe or terminal
illnesses. The defendant had attempted to live by the law, even when
providing medicinal marijuana to undercover officers who posed as patients.

At this point, Chavez quietly wiped tears away at the defense table.

"Don't show them any sympathy," Nick pleaded, referring to the undercover
officers' case.

In rebuttal, Armbrust said that the undercover officer did nothing improper
in probing the drug-sales case, and rejected Nick's assertion that the case
represented oppressive activities. And he again emphasized that the jurors
are not to consider Prop. 215.

"It's not relevant," he said. "It doesn't apply here."

Checked-by: Pat Dolan