CITY THROWS OUT POT CHARGE

Prosecutor Says He's Going After Other Marijuana Cases

The city on Wednesday dismissed a pot possession charge against the
first person arrested after Denver voters backed a measure legalizing
small amounts of marijuana.

Defendant Eric Footer, 39, learned of the decision to throw out the
case when he appeared at a hearing with plans to plead not guilty to
the charge.

Footer, a real estate consultant, was cited Nov. 17. Voters passed
Initiative 100 on Nov. 1.

"We view this as a real victory for Denver voters and a validation of
what happened in November," said Footer's lawyer, Brian Vicente, who
also is executive director for Sensible Colorado.

"Denver voters spoke loudly and clearly on this issue, and it looks
like Denver officials are listening," he said. "The city has
recognized there is better use of resources and taxpayers' money than
prosecuting these cases. We hope this will send a message to police
that the city attorney views this as futile."

But prosecutor Greg Rawlings said the dismissal of charges against
Footer means no such thing.

Rawlings said he dismissed the case because of problems with the
search of Footer's car.

Officers stopped Footer after a motorist complained that Footer had
pounded on his vehicle. Footer, who drove away after the altercation,
maintained the man nearly ran over his foot.

During the traffic stop, Footer dropped his keys on the floor of the
car, prompting officers to quiz him about what he was reaching for.
After officers ordered him out of the vehicle, Footer shifted his
cell phone in his pocket - a move he said led police to suspect he
might be reaching for a weapon.

Police patted him down, then asked if they could search his vehicle.

"When they didn't find anything on me, they said, 'we're going to go
ahead, if it's all right with you, we're going to search your
vehicle. If we do that, is there anything there that you shouldn't
have?' " Footer recalled after the incident. "And I said, 'No. Go ahead.' "

Footer, who said he uses marijuana to ease the pain of three enlarged
spinal discs, knew there was marijuana in the vehicle but said he
didn't think twice about consenting because he thought pot had been legalized.

Officers cited him after they found a small amount of pot and a pipe.

"I didn't think there was sufficient probable cause for this search
and I didn't think we would be able to prevail," Rawlings said Wednesday.

But the decision has nothing to do with the controversy surrounding
the case and has absolutely no bearing on any other pot possession
cases, he said.

"I am prosecuting a number of marijuana cases today and will continue
to prosecute them," he said. "These cases are a large part of the
docket every day."

Nonetheless, backers of a state initiative to legalize marijuana
applauded the move as a signal that Denver won't pursue those
possessing small amounts of pot.

"I don't believe it had to do with problems with the search," said
Mason Tvert, campaign director for Safer Alternative for Enjoyable
Recreation. "We believe it had to do with the pressure put on the
city by people who voted in this initiative."

Tvert urged others charged in Denver to contact his group, which
plans to put a statewide measure legalizing adult pot possession on
Colorado's November ballot.

"We will continue to encourage people to challenge these cases if
they are charged," he said.

Footer said he was pleased and relieved by the dismissal of charges
against him.

"I see it as a personal victory and a victory for all people who
voted for this initiative, " he said. "I'm representing everybody who
voted on the initiative. That's who I am here for."

Footer said he believed he was "abiding by the law."

The measure approved by Denver voters makes it legal for adults to
privately possess less than an ounce of marijuana.

But it remains a crime under state and federal law.