Santa Rosa man's case was expected to test Prop. 215
By Jim Henon Zamora
OF THE EXAMINER STAFF

North Bay medical marijuana activists were mourning the death of an
epileptic man whose arrest for growing pot in Sonoma County was expected
to be a test case for implementation of the state's medical marijuana
initiative.

Alan Edward Martinez, a Santa Rosa inhome caregiver to elderly people
and invalids, died July 3 in a singlecar auto accident when his car went
off the road on Highway 12 east of Bodega and rolled over twice, police
said. His identity was withheld for nearly a week while authorities
tracked down his mother in Southern California.

Martinez, 41, became an outspoken supporter of the successful

Proposition 215 campaign after his arrest in August 1996 for growing, six
plants in his home. He was originally charged with cultivation and
possession of more than one ounce. After a preliminary hearing. in
municipal court, he was held over on the cultivation charge but a judge
dropped the possession count, Martinez's attorney said.

"Alan was one of our lieutenants on the battlefield," said Lynnette
Shaw, executive director of the Cannabis Buyers Club Marin. "He was a
brave and gentle man. He was a hero. He's a shy man who didn't want to be
at the center of controversy, but he stood up for his beliefs. He fought
this like a lion and he has a heart of gold."

Shaw had already scheduled a fundraising concert this weekend for
Martinez and his partner and codefendant Jason Miller. The concert will
go on but now it will be a memorial and celebration of Martinez's life
and legacy, she said.

The memorial concert begins at 6 p.m. Saturday at the Fairfax Pavilion.
Vinyl is the featured band. Other performers include Cole Tate Band,
Susan Z, Jah Purple, Uzca and World Trans Dance Orchestra, Shaw said.

Martinez challenged his arrest on several grounds, and at the time of
his death was awaiting the results of an appeal citing Prop. 215. He had
been arraigned in Superior Court, but because of several motions filed by
his attorneys, his trial date had not been set. His next court appearance
had been scheduled for August.

Martinez also was fighting a ruling that required him to stand trial and
present evidence of medical use as a defense, according to his attorney
William Panzer of Oakland. Martinez argued that the initiative protected
medical users from legal jeopardy and asked the court to create a special
Prop. 215 hearing process to determine whether people were legally using
pot.

Eric Brazil of The Examiner staff and Examiner wire services
contributed to this report