JURY SELECTION COMING UP IN MEDICINAL MARIJUANA TRIAL

Prop. 215: Defense barred from citing '96 voter initiative

Jury selection could begin today in Santa Ana in the case of Garden Grove
resident Marvin Chavez, who's been charged on eight felony counts of drug sales.

Chavez is the co-founder of the Orange County Patient-Doctor-Nurse Support
Group that he says is designed to be a clearinghouse for the seriously ill
who use marijuana medicinally. The organization -- established after the
passage of Prop. 215 legalized medicinal use of marijuana in the state --
has about 200 members, people who have presented a doctor's recommendation
for marijuana use, he says.

Chavez was arrested in April after allegedly selling marijuana to an
undercover officer posing as a care-giver for a terminally ill uncle.

It's not clear exactly when the trial process begins, since a court calendar
needs to be cleared for the case before the jury selection can begin.

Although still on standby, Chavez and his attorneys -- Robert Kennedy of
Long Beach and Jon Alexander of Orange County, both working pro bono -- are
expecting a conviction.

That's because an appeal was not filed last week, as originally planned, to
seek to overturn Superior Court Judge Robert R. Fitzgerald's ruling banning
the use of Prop. 215 -- known as the Compassionate Use Act of 1996 -- from
being used as a defense.

Kennedy said time, money and resources were too limited to file an appeal
and argue that Prop. 215 is central to the defense.

Not being able to cite Prop. 215 will hamper the defense, said Kennedy and
Alexander.

"We'll be limping into the court room on one leg," Kennedy added.

If Chavez is convicted, Kennedy said and appeal would be filed.

Both attorneys are strongly committed to the Chavez cause.

A dying Kennedy family member benefited from the medicinal marijuana
provided by the Patient-Doctor-Nurse Support Group, and Alexander said his
father, who died of cancer, would have greatly benefited from the drug.

The pro bono work is putting a strain on their resources, they noted. But
they quickly add that the issues are important.

"This is the type of case that I went to law school for," said Alexander.

Checked-by: Melodi Cornett