MOTION TO DISMISS FILED IN FOURTH MEDICAL MARIJUANA CASE

Similar Cases Were Dropped Because Of Lack Of Evidence

Charges against a fourth defendant in a medical marijuana case are
likely to be dropped this week. Deputy District Attorney Scott Turner
filed a motion to dismiss the case against Justin Brownlee, who is
charged with various counts of possession of marijuana with intent to
distribute.

Similar cases have been dismissed against Gene Brownlee, Justin's
uncle, and Gene Brownlee's ex-wife, Jennifer Ryan, because of
mishandled evidence. Without the physical evidence prosecutors would
be unable to prove guilt beyond a reasonable doubt.

On Aug. 2, 2004, the Two Rivers Drug Enforcement Team confiscated 130
marijuana plants from Ryan and Brownlee's apartment in Rifle. They
arrested Ryan, the Brownlees and Drew Gillespie for growing and
selling marijuana.

Gillespie pleaded guilty in December 2004 to conspiracy to
sell/distribute. He received a deferred sentence and was ordered to
do 75 hours of public service.

Ryan said she was certified to grow and administer marijuana for
medical purposes. Gene Brownlee claimed he had cancer, which he
treated with marijuana.

According to the arrest affidavit, Justin Brownlee told police he
assisted in the selling of marijuana Brownlee and Ryan grew and also
obtained marijuana from them for his own use.

Brownlee and Ryan told police they never sold their marijuana to
anyone without a permit.

According to Colorado law, she could have up to six plants or as many
as she felt necessary to treat a given medical condition. The law
also stipulates that the plants taken in evidence must be kept alive.
However, the TRIDENT officers who seized the plants admitted in court
they destroyed the plants, keeping only one leaf and pictures for evidence.

Judge Dan Petre will rule on the motion on Thursday, Jan. 12.