KITSAP PROSECUTOR DROPS MEDICAL POT CHARGES

The Kitsap County Prosecutor's Office announced Wednesday afternoon it
has dropped criminal charges against a local medical marijuana patient.

Olalla resident Glenn Musgrove, 56, was accused of unlawful use of a
building for drug purposes. A WestNET report said that one of
Musgrove's neighbors reported the marijuana grown for medicinal
treatment was being sold for profit.

Musgrove's caregivers, David May and Jena Milo, were also facing
prosecution.

All charges were dismissed.

"After looking over the case, we've decided we will not proceed," said
Felony and Juvenile Division Chief Tim Drury. "We do not think we can
convince a jury of his guilt beyond a reasonable doubt."

Musgrove was arrested in March 2008. Many of the details gathered in
the charging document originated from a confidential informant, but
WestNET assembled financial data about Musgrove, his brother and his
caregivers that suggested an illegal drug operation.

This would have been the second high-visibility medical marijuana case
in Kitsap this spring, following that of Olalla resident Bruce Olson,
who was acquitted on March 24 of similar charges.

Clayton Longacre, who is representing Musgrove, was not immediately
available for comment.

The previous trial drew medical marijuana advocates from throughout
the northwest, who provided support for Olson during his trial.

Most had promised the same support for Musgrove.

Alexis Foster, who prosecuted Olson and was also assigned to the
Musgrove trial, said shortly before the announcement that the case was
sound and could be proven.

Foster said the prosecution was not based on the use of medical
marijuana, but was proceeding because her office believed both Olson
and Musgrove had broken the law.

Olson was a certified medical marijuana patient at the time of his
arrest, but was accused of selling his crop to others.

Foster said she was not sure Musgrove was authorized to receive the
drug, but felt he was also engaged in activity that did not conform to
the law.

"Medical marijuana is not the issue here," she said. "We prosecute
these cases because we feel the law has been broken."

Drury said Musgrove's illness - he is a quadriplegic and must be
transported on a gurney - was a factor in the prosecution's decision
to drop the case.

Longacre said Musgrove's condition was the result of a back injury and
subsequent medical malpractice.

Longacre previously argued that Musgrove was being prosecuted "so the
county can get their hands on his settlement money."

Musgrove appeared in the courthouse at the same time as the Olson
trial for a hearing in his own case, and was wheeled into the
courtroom with his face covered.

This caused some observers to conclude that a dead body was being
moved through the courthouse.

Musgrove appeared by telephone in a hearing on March 27 in front of
Superior Court Judge Jeanette Dalton. Another telephonic hearing was
slated for April 17 and the trial was scheduled to begin in May.

Cannabis Defense Coalition spokesperson Pam Haney, one of the
activists observing the trial, said she expected the charges to be
dismissed since they were "ludicrous."

Haney said changing attitudes in general could mobilize voters to
defeat candidates who support restrictive marijuana laws and waste
money on their prosecution.

Throughout the Olson trial, the Prosecutor's Office was consistently
criticized for continuing the case, alleging that it represented the
injudicious use of taxpayer's money.

A public disclosure request by the Port Orchard Independent to
determine case costs was addressed by Drury, who said the office does
not track its time with regard to individual cases, so it was not
possible to quantify the specific expense.

Drury said the only ancillary expense for the case was $2,406.78 spent
to transport witness Steven Kenney so he could testify against Olson.

This money comes from an expert witness fund that is assembled from
criminal funds and is not at the taxpayer's expense, according to Drury.

CHARGING DOCUMENTS NOTE: The Port Orchard Independent initially posted
the charging documents, to provide background on the case. These
documents have now been removed, as they contained sensitive personal
information about those who were charged.