JUDGE RULES IN MEDICAL MARIJUANA CASE

GLENWOOD SPRINGS -- Ninth District Judge Thomas Ossola determined
Thursday that there was probable cause to charge Rifle resident Gene
Brownlee with marijuana cultivation.

Brownlee, 34, was arrested in August after a Two Rivers Drug
Enforcement Team raided his Park Avenue home on suspicion of growing
more than 100 marijuana plants. Brownlee admitted the plants were
his, but he claimed he was enrolled in the state's medical marijuana
program, which he said makes the crop legal.

Police, however, claim Brownlee's registration in the medical pot
program was expired at the time of the bust. They add that even if
it was still valid, Brownlee far exceeded the maximum number of
plants the program allows.

"At this point, we realized they had no choice but to bind us over,"
Brownlee said after the hearing.

Brownlee has said he suffers from Barrett's esophagus -- a painful,
incurable condition in which the cells of the esophagus become
damaged, sometimes resulting in cancer. He said the condition kept
him from keeping food down, causing his weight to drop from 212 pounds to 140.

He said he replaced 15 prescription drugs with regular pot smoking,
which increased his appetite, decreased his nausea and limited pain
and spasms in his esophagus.

He's charged with marijuana cultivation and possession with intent to
distribute marijuana.

Others charged in connection with the marijuana growing included
Brownlee's 21-year-old wife, Jennifer Ryan, Brownlee's nephew, Justin
Brownlee, 19, and Drew Gillespie, 19. Gillespie pleaded guilty to
marijuana cultivation and was sentenced to two years probation in December.

If prosecutors had their way, Thursday's preliminary hearing would
have never happened. Deputy District Attorney Jeff Cheney argued
that because of the nature of Brownlee's charges, both class 4
felonies, a preliminary hearing is not allowed. Ossola denied the
argument, appearing somewhat agitated by the legal maneuver and
questioning why Cheney would be concerned about proving probable
cause if he has a strong case.

Cheney was appointed as a deputy district attorney under new 9th
Judicial District Attorney Colleen Truden, who took office
Tuesday. Truden won the seat after beating former Assistant District
Attorney Lawson Wills in a bitter Republican primary
election. Former DA Mac Meyers, a Democrat, was term limited.

"As a practical matter, if a prosecutor has enough evidence to prove
( the case ) beyond a reasonable doubt, he wouldn't even hesitate (
to allow a preliminary hearing )," Ossola said.

The judge allowed the preliminary hearing to move forward, but warned
both sides: "I don't want any game playing. I'm not going to turn
this into a major event."

Five TRIDENT officers testified at the hearing, each telling of his
role in the Aug. 2 bust.

The officers said a maintenance man informed them of the alleged
marijuana-growing operation on July 30, prompting them to seek out a
warrant and begin surveillance on the home.

The operation, they said, consisted of plants being grown in
Styrofoam containers, a system for watering the plants and a track
light that simulates the movement of the sun throughout the day.

After the officers' testimony, Ossola said that although the case has
the potential of raising some interesting legal issues such as the
legality of TRIDENT's search and issues pertaining to medical
marijuana, he still found there was enough evidence to bind the case
over for trial.

Brownlee's arraignment hearing was set for Feb. 10.

Brownlee's wife, Jennifer Ryan -- who said on Thursday she is in the
process of divorcing Brownlee -- is also charged in connection with
the pot grow. She claims the pot was legal because she's a
registered caregiver allowed to administer medical marijuana. Her
next hearing is set for Jan. 27.

Colorado voters passed Amendment 20 about four years ago allowing pot
to be used for medicinal purposes. It allows those holding permits
to possess six plants, three of which can be flowering, and as much
as 2 ounces of the drug. It also allows suspects to argue in court
the need for more marijuana than the law allows.