JUDGE DEFERS ON REQUEST FOR JURY INSTRUCTIONS; DEFENSE SAYS COURT MISREAD MARIJUANA LAW

RED BLUFF -- A judge Tuesday deferred a ruling on special jury
instructions until the upcoming marijuana trial of Red Bluff
businessman Joe Froome and his son-in-law, Daniel Ludwig.

Judge S. William Abel, retired from Colusa County Superior Court, told
attorneys he was reluctant before hearing the evidence to grant the
defense motion asking to instruct jurors on medical cannabis law.

"I just think I'm kind of in a Never-Neverland before I hear the
facts," he said.

Both Froome, 48, and Ludwig, 27, are charged with cultivation of
marijuana and possession of marijuana for sale. In addition, Froome
faces eight counts of money laundering.

Froome's attorney, Proposition 215 co-author William Panzer of
Oakland, argued in Tehama County Superior Court on Tuesday there was a
"basic disagreement" between defense lawyers and prosecutors regarding
medical marijuana patients' rights to associate and distribute
cannabis, as well as the exchange of money in the process.

That's been an issue since the October preliminary hearing, when
Superior Court Judge John Garaventa ruled sufficient evidence existed
to hold the men for trial. Defense lawyers have said that ruling was
based on the judge's misreading of the law, leading them to send a
number of potential patient-witnesses home without testifying.

Froome and Ludwig have maintained they were operating a legitimate
medical marijuana collective at the time of their arrest Oct. 21,
2009. Drug agents that day seized more than 400 marijuana plants and
more than 30 pounds of drying marijuana at a Baker Road warehouse, as
well as $9,500 in cash from Froome's home.

While he said he understood the defense's concern, Abel questioned
whether the motion was the appropriate avenue to address it.

"I don't think this is the vehicle," he said, stopping short of
suggesting an alternative.

"I don't tell lawyers how to practice law," Abel said.

The next hearing was scheduled for 9 a.m. Aug. 30 in the Corning
courtroom, where Abel is scheduled to hear another case.

Meanwhile, the jury trial begins Sept. 20 in Red Bluff and could run
as long as 20 days. Froome is known locally as producer of monster
truck shows and has served on the Red Bluff Round-Up's board of directors.