SOMERSET MAN WITH MULTIPLE SCLEROSIS MAY REMAIN FREE ON BAIL WHILE
APPEALING MARIJUANA CONVICTION

FRANKLIN TOWNSHIP (Somerset) -- A Franklin Township man who was sent
to prison for growing marijuana to treat his multiple sclerosis may
remain free on $15,000 bail while his appeal is pending, a Superior
Court judge ruled today.

John Ray Wilson, 37, is serving a five-year sentence for second-degree
drug manufacturing and third-degree drug possession for growing 17
plants behind the house he rented in August 2008.

On Monday, the Appellate Division agreed to stay his sentence, leaving
Judge Robert Reed to determine an appropriate bail. After today's
hearing in Somerville, Reed imposed a figure far below the typical
range for such an offense and ordered Wilson to surrender his passport
to his defense lawyer.

Reed, who presided over Wilson's trial in December, initially denied
the motion defense attorney James Wronko filed, asking the judge to
let Wilson remain free while he fights the conviction.

Reed reiterated he does not think Wilson is a risk to the community or
a flight risk. "I failed to find that there was a substantial legal
issue to be decided by the Appellate Division and rather deferred to
my learned colleagues in that division," he said, citing his reasons
for denying the motion on April 9.

The appeal targets the decisions Reed made before the trial
prohibiting Wilson from arguing personal use as a defense and barring
him from referencing his condition. Personal use was not a defense for
the charges, and the New Jersey Compassionate Use Medical Marijuana
Act does not take effect until July.

During the hearing, Deputy Attorney General Cassandra Serentino noted
the typical range for such an offense is $75,000 and $150,000, but
deferred to Reed and what he deemed appropriate.

Wronko said he it would be greedy of him to ask Reed to allow Wilson
to be released on his own recognizance and asked for $10,000 bail,
knowing it would have to be cash or bond.

Reed noted that the primary purpose of bail is to ensure a defendant's
appearance in court and took Wilson's family ties into account. His
relatives and supporters were present throughout the trial.

Reed also used the hearing as an opportunity to address those who
vilified the judge and the judiciary as Wilson's case progressed. He
has been disappointed by those who don't understand the roles of the
three branches of government. The Legislature creates law, not the
judiciary.

"I have especially been disappointed by the personal attacks on me by
people I would consider to be well-meaning, but-ill informed," Reed
said.

Wilson is at Southern State Correctional Facility in Cumberland
County, and was not in court.

"I appreciate the fact that the judge decided it was appropriate to go
well below the guidelines in setting bail," Wronko said after court.
"The family will be able to raise the appropriate monies to obtain a
bail bondsman and at present, our energies are all geared towards
getting John Wilson out of prison and home to his family as quickly as
possible."

It's unclear how often a defendant is released on bail after he has
started serving his sentence, but it's not every day, said Donald
DiGioia, president of the Association of Criminal Defense Lawyers of
New Jersey. In addition to proving there is no risk, "You have to show
that there's some merit to the appeal," he said.

While they are thrilled that Wilson will be released, members of the
Coalition for Medical Marijuana -- New Jersey think the Attorney
General's Office should never have pursued the case, said Ken Wolski,
executive director of the nonprofit organization.

"We thought he didn't deserve to serve a single day in jail," said
Wolski, who attended the hearing. They started sending former Attorney
General Anne Milgram letters after Wilson's arrest in August of 2008.