HOLY SMOKE COURT DATE LIKELY IN 2008

POT BUST: Locals charged in last year's police probe will face trial
together, but it may take a while to get there

Holy Smoke Culture Shop co-owners and associates may have to wait
until 2008 to have their day in court, according to lawyer Donald Skogstad.

However, the four men accused of trafficking in marijuana will now
defend their case together in a one-week trial.

"The prosecutor relayed the charges so that everybody is together and
we've sent it off to the trial scheduler...It makes it much more
efficient for everybody," said Skogstad, explaining that previously
the charges were listed separately, potentially requiring four
separate trials. "We don't have a trial date."

Paul DeFelice and Alan Middlemiss, two of three Holy Smoke co-owners
as well as Kelsey Stratas and Akka Annis have been charged with
trafficking of marijuana. Middlemiss faces a separate charge of
trafficking in psilocybin. Because there is a stiffer penalty
involved with that charge, Middlemiss will face a jury trial.

The charges stem from a Nelson City Police (NCP) probe into the
alleged drug trade within city limits. Last summer, the NCP raided
the Holy Smoke store and arrested DeFelice on July 15. About a month
later, Middlemiss turned himself in - ritually disrobing himself -
after hearing there was a warrant for his arrest. Annis has two
charges against him, both for trafficking in marijuana and turned
himself in November 21 while Stratas who is charged with one count of
trafficking in marijuana and one count of trafficking in hashish,
turned himself in a few days later.

During their raid, police claim they seized a pound and a half of
marijuana, between $8,000 and $9,000 in cash, and documents related to
the operations of the retailer.

The four men plan to argue the defense of necessity, which essentially
states that an act committed was better than the alternative.

A trial date was supposed to have been set prior to April 24 but
Skogstad claims that there is such a large caseload, that the trial
could "easily" take place "well" into next year.

The Daily News could not reach DeFelice or Middlemiss for a
comment.

When asked why there would be a hold-up, Skogstad said it had to do
with the quadrupling of the initiative to crack down on impaired
driving. The defense lawyer said the initiative - which he considers
a good thing - has been very effective, but for one problem.

"They not only did not add a judge but a few years ago took away a
judge - we used to always have three here, now we have two - [so] the
dates we're setting - we're telling people a year away. That's for an
ordinary one-day trial. This is a one-week trial so who knows [when
it will take place], "he said, adding his criticism: "It's a very long
wait for court and I think it's unacceptable. They can't pump up one
part of the system and not realize there'll be consequences that
require them to deal with another part of the system."

Apart from the efficiencies gained, there is a cost saving to having
the four accused tried together because it means expert witnesses will
not have to be brought in four different times.

"They are fundraising. There is a way to leave money with us because
we need to fly in experts. That's the biggest cost," said Skogstad.