This seventy-year-old grandmother and former Lake Orion police dispatcher was denied the right to present a medical marijuana defense in her criminal trial.
By Michael Komorn
Mrs. Barbara Argo, a 70-year-old grandmother and former Lake Orion police dispatcher is appealing her recent drug conviction. Mrs. Argo was convicted in June of one count of delivery/manufacture of marijuana, a four-year felony. In July, she appealed the conviction.
Grounds for the appeal are based on a motion Oakland Circuit Judge Wendy Potts granted prosecutors that prevented Argo or her attorney from using the words “medical marijuana,” “patient,” “caregiver,” or any reference of the fact that Argo was legally allowed by the state to cultivate and possess the plants.
“We believe that Mrs. Agro was denied her constitutional right to present a defense.
She was a registered patient with the State of Michigan, as well as being a registered caregiver, which falls under the protections of the Medical Marihuana Act,” Attorney Mary Chartier told The Daily Tribune.
This legal sidestep is one being used at an exponentially increasing pace by prosecutors throughout the state.
Jeffrey Ellis, a medical marijuana caregiver in Livonia says he was in compliance with the law when he was raided in 2009 and is immune to arrest and prosecution, but during a September 26 hearing in Huron County Circuit Court, Chief Assistant Prosecutor Dawn A. Schumacher asked the judge to prevent the jury from knowing Ellis was a legal patient and caregiver.
According to Schumacher, Ellis was in violation of the law by having too many plants and did not have the required lock on the door to the growing area. She argued those violations ought to prevent Ellis’ immunity to prosecution.
However, Ellis’ attorney and President of the Michigan Medical Marijuana Association, Michael Komorn, says that police actually confiscated marijuana clippings, not actual plants and that Ellis had not exceeded the number of plants permitted by state law.
“The courts are given the task of ensuring a fair trial,” Komorn says, “and for the first time in my 18 years of practicing law, we’re seeing the constitutional right to present a defense ignored and intentionally circumvented.”
“Prosecutors and law enforcers are working to deny our most sacred right in the constitution, and that is to present a defense. They fight hard to not let the people of the community hear the facts, and make the legal and factual decisions themselves.”
“The ultimate decider of truth in the criminal justice system is the jury, that’s how it’s always been.”” Komorn told TMC. “They decide if the person is guilty or not. You have two sides, the prosecutor and the defense attorney and they’re at odds. The person charged with the crimes presents their defense to the jury and the jury decides if they’re guilty or not.
“You can believe they had a horrible time seating that jury,” Mrs. Agro told TMC.
“One person after another told the judge and prosecutor that they didn’t see anything wrong with marijuana and would not be impartial on the jury. It took them a long time to find the people who would find me guilty, but they did.
Mrs. Argo claims that three separate jurors asked Judge Potts during the trial if she was a patient, and Potts told them she couldn’t answer that question because it wasn’t relevant to the trial.
Mrs. Argo and her husband Sal, became certified medical marijuana patients in June 2010. Mrs. Argo for her acute arthritis in her hands and knees, and Mr. Argo for bone spurs in each of his shoulders which limited range of motion. “He couldn’t even lift his hands above his waist,” Mrs. Agro reports.
The paramilitary Oakland County Narcotics Enforcement Team raided the Argo home last August, in conjunction with a sweep of medical marijuana homes and businesses. Mrs. Agro says that during the raid, “mattresses were ripped apart, cabinets were emptied, and our plants were ripped from their pots and dirt thrown across rooms and even into our bed. Approximately $11, 270 dollars was taken for our home, money that had been saved and withdrawn to purchase a vehicle.”
Sal Argo received a call to inform him that his son’s house (with grandchildren present) was being raided, so he quickly left the house to check on his family, leaving the front door unlocked. The prosecutor claims that their unlocked house failed to meet the requirements of an “enclosed locked facility,” and did not qualify for the medical marijuana defense.
Sal Argo was also charged, but died shortly thereafter of a heart attack.
Assistant Prosecutor Beth hand instructed jurors to, “follow the law and not use sympathy,” when weighing her fate.
Assistant Prosecutor Beth Hand, after successfully arguing to prevent the jury from knowing Agro was legally allowed by Michigan law to cultivate and possess the plants, instructed jurors to, “follow the law and not use sympathy,” when weighing her fate.
“You must hold the defendant accountable for her actions,” Hand instructed the jurors during her closing argument.
Mrs. Agro was sentenced to 90 days of probation on July 13 and Potts ordered her to perform 20 hours of community service, which Agro has already completed.
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
