EDITORIAL: NO PROP. 215 DEFENSE

Marvin Chavez's trial on charges of marijuana sales continued Thursday in
West Orange County Court in Westminster. The first business was the
conclusion of a preliminary evidentiary hearing involving Shirley Reaves of
Chico, to whom Mr. Chavez allegedly sent marijuana through the mail. Judge
Thomas Borris then announced that a "Prop. 215" defense - an instruction to
the jury that the circumstances warrant a defense because of their medical
and/or caregiver nature - would not be allowed on any charges, including
those involving Shirley Reaves. He did allow the defense to lay a
foundation, however, to claim illegal entrapment by investigators in four of
the 10 charges.

The cross-examination by defense attorney David Nick of undercover
investigator Joseph Moreno, who posed as a man with chronic back pain to
induce Mr. Chavez to furnish marijuana to him, concluded with certain
interesting admissions.

Mr. Nick reinforced the fact that Mr. Moreno at first said he didn't think
he had any written notes of his conversations with Mr. Chavez, but such
notes did indeed exist.

Mr. Moreno had said that the plan at the outset of the investigation was to
tape record all conversations with suspects, but it turned out some
conversations had not been tape recorded.

Deputy District Attorney Carl Armbrust then played the tape of a phone
conversation between Mr. Moreno and Mr. Chavez, in which Mr. Moreno said he
was "bedded down" with pain and wanted to send his "cousin" (another
undercover officer) to get some "medication."

The next witness was Gregory Hoffer, who testified that he did have a valid
recommendation from a licensed physician for marijuana for pain due to
chronic back troubles, pain, and that he asked Mr. Chavez to furnish him
marijuana. He said Mr. Chavez met him and agreed to do so after he showed
his physician's letter, his drivers license and filled out some forms.

The prosecution emphasized that money as well as marijuana changed hands in
that meeting.

The defense emphasized that the money was viewed by both parties as a
donation to the co-op Mr. Chavez had founded.

After the jury was out of the courtroom, defense attorney Nick reminded
Judge Borris that the court had the option of dismissing the charges "in the
interests of justice" and urged Judge Borris to do so. Judge Borris declined
the invitation.

The afternoon was taken up mostly with questions about Jack Shachter, slated
to be the defense's main witness.

Mr. Shachter is facing, in a separate action, marijuana-selling charges due
to be considered in December, and his attorney, public defender Claudia
Gaona, has advised him not to take the stand in the Chavez case.

Mr. Shachter still wants to testify.

So the defense has offered to prepare the questions it intends to ask,
present them to Ms. Gaona, and let her give Mr. Shachter more informed
advice on Monday - when the trial resumes.

We'll be there.

This case has the potential to be instrumental in developing guidelines for
the implementation of Prop. 215. It will be fascinating to see how the jury
responds to the complex information it has received, some of which it may
well be told to disregard in its deliberations.

Checked-by: Don Beck