FRESNO POT-SHOP OWNER ORDERED TO JAIL -- AGAIN

The owner of a Tower District medical-marijuana clinic is the subject of an
escalating battle between a sheriff and a judge who both say they have the
legal right to decide whether he stays in jail.

Fresno County Superior Court Judge Donald R. Franson on Tuesday sent Rick
Morse -- who has been jailed and released twice so far -- back to jail a
third time with a warning to the sheriff that Morse must stay behind bars
until his 15-day sentence is up.

Franson earlier had said state law gives him "the inherent power" to keep
Morse in jail for his full sentence. The judge on Tuesday went further,
saying the Fresno County Sheriff's Office must get the court's permission
before releasing a sentenced prisoner like Morse.

But Assistant Sheriff Tom Gattie said a 1994 federal court order imposed on
the jail governs when it must release nonviolent prisoners.

Gattie said the federal court decree, imposed to prevent overcrowding, says
the jail must have a bed for every prisoner and must have enough
correctional officers on duty to guard the inmates. Prisoners can be
released for overcrowding, unless they're being held for violent crimes
such as murder or rape, Gattie said.

"Rick Morse doesn't fit that criteria," Gattie said, because his offenses
were not violent crimes.

Morse has been booked into Fresno County Jail three times and released
twice in the past 11 days.

Citing budget cuts, Sheriff Margaret Mims has cut the jail staff, reducing
its capacity by half in recent months. As a result, thousands of prisoners
have been released early.

On May 14, Franson sentenced Morse to 15 days in jail for violating a court
order to stop selling marijuana from his store-front clinic on Olive
Avenue. He was released from the jail eight hours later.

On May 20, Morse was in Franson's courtroom again for a hearing on whether
the city had the right to shut down his business. Franson ordered him
returned to jail a second time to serve the rest of the 15-day sentence.

Morse was released from jail Monday, again due to crowding.

On Tuesday, Franson sent Morse back to jail for a third time to finish his
sentence. He did not say what he might do if the jail releases Morse early
without his permission.

Franson's order came during a hearing in which the city of Fresno sought to
add a second address to its complaint to close Morse's Medmar Clinic. The
judge turned down the city's request, saying officials must file a separate
lawsuit on the second address.

Outside the courtroom, assistant city attorney Michael Flores said the city
only recently learned that Medmar's lease includes two addresses: 210 E.
Olive Ave., which police searched and boarded up Friday, and the storefront
next door, at 212 E. Olive Ave., which police did not search.