TESTIMONY BEGINS IN MEDICAL MARIJUANA CASE

Nine Defendants With Ties to Ferndale Dispensary Could Be Sent to Trial

FERNDALE -- Two employees of Clinical Relief wondered why a new
patient presented them with a medical marijuana card in July that had
her photo on it.

"They mentioned they never saw a picture on a card prior to that. I
said I didn't know. That's how my card came," testified Candance
Rushton, an undercover officer who posed as a patient with a fake
medical marijuana card made by another member of the Oakland County
Narcotics Enforcement Team.

The NET investigation led to the arrest of 16 people from Oakland and
Macomb counties on Aug. 25, including nine owners and employees of
the medical marijuana dispensary on Hilton Road, for conspiracy and
manufacturing and delivering controlled substances.

Because of the number of defendants in Ferndale, their preliminary
examination had to be moved from 43rd District Court to a meeting
room at the Kulick Community Center. Judge Joseph Longo sat at a
folding table as did nine attorneys with their clients in a row of
chairs behind them. They will return Friday to resume the hearing set
to determine if there is probable cause the defendants committed the crimes.

The outcome of the hearing will determine if the defendants from Lake
Orion, Troy, Royal Oak, Chesterfield Township, Livonia, Roseville and
Leonard stand trial in what is seen as a test case of the 2008 law
allowing the use of medical marijuana.

Defense attorneys said there was no way for their clients to verify
the validity of the undercover officer's medical marijuana card
because it is considered to be a private medical record.

"The card represents -- what it suggests -- is that you are a
certified, registered, qualifying patient diagnosed by a physician,"
said Neil Rockind, who represents Ryan Richmond of Royal Oak, a
co-owner of the dispensary.

Lawyers for the defendants spent a lot of time questioning Rushton
about the phony card made on a computer by the officer in charge of
the investigation.

"For delivery of marijuana, specific intent is important," said
defense attorney Cheryl Carpenter. "Its relevant to show that these
cards look valid and the sheriff went through a great deal of time
and effort to make them look real."

The defense attorneys contend their clients broke no laws and ran a
good operation. They kept the front door locked, made copies of
patients' cards and driver's licenses, questioned patients about
their work and daily routines, recommended what strains would be best
for day and night use, and stored their products in a locked room.

Rushton told the Clinical Relief staff she had been in a car accident
and suffered from neck and headache pain, according to her testimony.
She said she paid $83 and left Clinical Relief with medical marijuana
called AK47 and Gold Rush, a sucker with hash oil, and an offer for a
free gram of medical marijuana if she referred a patient who bought
an eighth of an ounce.

Rushton testified that she returned with another undercover officer
who posed as a patient and bought medical marijuana. She got her free gram.

Rushton, who is assigned from the Troy Police Department, was the
main witness Wednesday at the court hearing that drew three busloads
of protestors and criticism from elected officials in three cities.

"When any law enforcement organization thinks it's OK to take
protected records, HIPAA protected documents, on an unprecedented
scale in Ferndale history, then we have to take a stand," said Rick
Thompson, editor of a medical marijuana magazine based in Oak Park.

Thompson spoke to medical marijuana advocates from as far away as Ann
Arbor, Lansing and Port Huron who carried signs saying, "Bouchard did
you get the news? ... Medical marijuana is MI law" and "Patients are
not criminals."

Elected officials from Ferndale, Royal Oak and Hazel Park criticized
the Oakland County Sheriff's Office raids that led to prosecution of
owners and employees of the Clinical Relief medical marijuana dispensary.

In a statement released Wednesday, Ferndale Mayor Craig Covey, Royal
Oak Commissioner Jim Rasor and Hazel Park Councilman Andy LeCureaux
characterized the raids as excessive and expensive.

"This is way over the top and unnecessary," Covey said. "If the
sheriff simply wants to send a political message to Lansing, he could
do it without such extreme tactics. He is wasting taxpayer dollars on
an issue voters have said leave alone."

The defendants include Anthony Agro, 42, of Troy; Barbara Agro, 69,
of Lake Orion; Nicholas Agro, 38, of Lake Orion; Mathew Curtis, 39,
of Lake Orion; Stacey Ellenbrook, 41, of Chesterfield Township; Ryan
Fleissner, 30, of Livonia; Ryan Richmond, 33, of Royal Oak; Agelina
Veseli, 24, of Roseville; and Barbara Johnson, 40, of Leonard.

Their preliminary examinations continue Friday with testimony from
Derek Myers, the officer in charge. Myers was scheduled to take the
stand Wednesday, but he was too tired from working the night before
on a case, said Oakland County Assistant Prosecutor Beth Hand.

"He was shot at and he had to return fire," said Hand, adding that
Myers didn't get any sleep and he was concerned about his ability to
focus on the hearing.

Hand said she also has one other witness to call on Friday.