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News (Media Awareness Project) - US AL: Hester Grants Acquital Motion In Drug Case
Title:US AL: Hester Grants Acquital Motion In Drug Case
Published On:2003-06-18
Source:Franklin County Times, The (AL)
Fetched On:2008-01-20 03:52:29
HESTER GRANTS ACQUITTAL MOTION IN DRUG CASE

RUSSELLVILLE - A trial involving an alleged marijuana-growing operation
ended abruptly Tuesday when Circuit Judge Sharon Hester ruled in favor of a
motion for judgement of acquittal filed by the defense attorney, District
Attorney John Pilati said.

The defendant in the case was William Michael Lynch, who was accused of
growing marijuana.

The plants were spotted at Lynch's house during a drug eradication effort
last year, Pilati said.

"He was charged with trafficking the marijuana," Pilati said. "The state
called a forensic scientist who testified that the plants collectively
weighed 13.2 lbs., and the statute regulates there must be 2.2 lbs. or more
to constitute trafficking.

"The trafficking code section in Alabama law says the weight includes all
portions of the plants, but a separate definition eliminates the stalks."

Pilati said the judge granted a motion to dismiss the case just before the
defense in the trial began, saying the state failed to prove that there was
2.2 lbs. or more of marijuana present independent of the stalks.

"The statute speaks for itself," Pilati said. "The statute says any part of
the plant. I thought it was a pretty clear case. We had a video, photos of
the operation, and a confession."

Pilati said his office was contemplating an appeal of the ruling.

"It's not easy for the court to make these decisions, but we'll accept it
and move subject to any clarification from the appeals court."
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