SENTENCE FOR HOLY SMOKE TRIO HELD OVER

Still Free: Convicted of Selling Pot, Prison Still Not in Immediate
Future for Three Men

Alan Middlemiss, Paul Defelice and Kelsey Stratas have had the
judgment on the appeal of their prison sentences held over by the BC
Court of Appeals.

The Holy Smoke Culture Shop trio gathered with their friends and
supporters in front of the Nelson Courthouse Wednesday morning to hug
and say goodbye to their freedom as they prepared to turn themselves
in for potential sentences of eight to 12 months in prison.

But later in the day three of the men convicted of marijuana
trafficking in the 2008 Holy Smoke trial emerged from the courthouse
as free men - at least for a couple more weeks.

Don Skogstad, lawyer for the three men who were arrested in the 2006
raid of the shop in downtown Nelson by local police, said it seems the
appeals court needs more time to decide if they should serve their
full sentences.

He said that's a good sign for his clients because it means the court
may be considering a reduction in sentence.

"They usually decide on the same day, but it seems the decision is
going to take more time," Skogstad said after attending the appeal
hearing in Vancouver on Wednesday. "The easy thing to do would have
been to deny the sentence appeal and let the judgement stand. But it
looks like that's not going to happen.

"I got the impression that they thought the sentence was
excessive."

Skogstad expects it will take about two more weeks for the court to
reconvene and render its decision.

That's good news for Holy Smoke owners Middlemiss and Defelice, who
were confident the 12-month prison sentences handed to them in January
of 2009 and the eight-month sentence given to employee Stratas would
be upheld by the BC Court of Appeal.

And though they're now left to languish in limbo for another couple
weeks, after waiting years for a trial and then another year for their
appeal to be heard, Middlemiss says the group is feeling optimistic.

"I'm confident it's going to be less of a sentence than the 12 months
given," Middlemiss told the Daily News. "They would have given us 12
months right on the spot and denied the appeal. So I believe there's
something in the works for us in terms of a reduction in sentence."

Middlemiss and Defelice say that if upheld, their sentence would be
the largest ever given in Canada for selling marijuana.

"That would set a precedent, and it's not a precedent we want to set,"
Defelice said.

The two men say spending time in prison would do little but ruin their
lives and potentially turn them to greater crimes upon release.

They think a community sentence or house arrest would be a more
fitting punishment for their offence.