JUDGE RELEASES DEFENDANT IN MARIJUANA CASE

Olivehurst Man Freed On His Own Recognizance

An Olivehurst man was released on his own recognizance Friday in Sutter
County's medical marijuana case.

Steve A. King, 50, pleaded not guilty to two felony marijuana charges.

Judge Chris Chandler released King on the conditions that he not grow any
marijuana, be searchable at all times for contraband and stay at least 50
yards from the George Washington Boulevard office where authorities
recovered more than 130 pot plants, about 5 pounds of processed marijuana
and $8,600 in cash Monday night.

Assistant District Attorney Fred Schroeder initially asked that King be
ordered to stay at least 100 yards from that location.

King's San Francisco lawyer, Omar Figueroa, called that a "most unusual
request. I don't see how that stay-away order is appropriate." He called
the 100-yard limitation "unprecedented."

Figueroa insisted that "legal marijuana cultivation" occurred at the site.

King, charged with felony marijuana cultivation and felony possession of
marijuana for sale, returns to court Feb. 27.

"I think when all the facts are in, Mr. King will be completely
exonerated," Figueroa said in an interview.

The attorney said he had not read any incident reports about the case but
said he heard that the investigating officers "ignored medical
documentation that was posted at the cultivation site, and they might have
left that out of the (search) warrant. That remains to be seen."

Schroeder told Chandler the pot-growing operation was "a medium-sized and
fairly professional setup" with a "moderate investment of capital."

If King is convicted, Schroeder said, he is unlikely to be sentenced to
state prison.

King is the caregiver for wheelchair-bound Bonnie Metcalf of the Yuba
County Compassionate Use Co-op. She suffers from a variety of ailments and
said she has a recommendation from her doctor to use marijuana for nerve
and muscle conditions, diabetes and osteoporosis.

Figueroa told Chandler about Metcalf's permit to use medical marijuana. The
lawyer said he didn't want King's release revoked because he is in the same
house with Metcalf.

"I'm not going to comment on that situation," Chandler said. "You made your
statement."

Figueroa's law firm is headed by Tony Serra, a prominent civil liberties
attorney. According to a 2001 story in Cannibis Culture magazine, Serra has
represented about 3,000 marijuana defendants.