©1997 San Francisco Chronicle

Judge Moves Pot Case From Oakland to S.F.

Glen Martin, Chronicle Staff Writer

SAN FRANCISCO

Saying the state attorney general appeared to be looking for a better place
to prosecute San Francisco Cannabis Cultivators Club founder Dennis Peron,
an Alameda County Superior Court judge transferred a marijuana case from
Oakland to San Francisco yesterday.

In a ruling that thrilled Peron and five other defendants and angered
Attorney General Dan Lungren, Judge Dean Beaupre said his decision was
based on ``an appearance of improper forumshopping'' by Lungren's office.

The case grew out of a bust of Peron's club by state agents in August 1996.
In a surprise move, Lungren decided to prosecute the case in Oakland
instead of San Francisco, with some observers saying he felt San Francisco
jurors would be too lenient toward Peron.

However, Deputy Attorney General Rob Stutzman said prosecutors had not
shopped the case to a favorable venue, and ultimately expected a conviction
in San Francisco's Superior Court system.

``We obviously disagree with the judge,'' Stutzman said. ``Alameda was the
most appropriate jurisdiction because this is a multiple county case.
We'll be seeking relief from an appellate court, and we will file a writ
(to move the case back to Oakland) within 15 days. But even if it stays in
San Francisco, we believe the facts will prove a criminal enterprise and
that the jury will come to that conclusion.''

The defendants were indicted by an Alameda County grand jury in October
1996 for felony charges of possession of marijuana for sale, transporting
large quantities of marijuana and conspiracy.

Beaupre's decision is expected to favor Peron, the coauthor of Proposition
215, the medical marijuana initiative that voters approved last year. San
Francisco District Attorney Terence Hallinan supports Proposition 215 and
has expressed unhappiness over Lungren's zealous prosecution of Peron.

``We're ecstatic,'' said Peron from his San Francisco headquarters, where
he dispenses marijuana to club members who have physicians'
recommendations. ``We feel completely vindicated. I think all this
political interference will have to come to an end now.''

Lungren's office will continue prosecuting the case, but Hallinan said he
is delighted the case is now in San Francisco.

``I have to say that it looked bad to me from the start,'' Hallinan said.
``That's especially so in light of Proposition 215's passage. It appears
that (the activities the defendants are charged with) are protected under
215. I would be surprised if there is a successful prosecution.''

Peron who has announced that he will run against Lungren for governor in
the 1998 Republican primary said the ruling has freed him to expand
medical marijuana operations across the state.

``The important thing now is to bring down the price,'' he said. ``We will
contract with farmers for the largescale outdoor cultivation of marijuana
in Mendocino, Humboldt and Sonoma Counties, as well as in the Tehachapis in
the south state. We will also help any medical user defend himself in
court, whether it's for one joint or 100 pounds.''