Joshua John "Jacob" Hester, who was arrested two weeks ago at a West Hollywood residence, in an unusual move, according to legal experts, refused to appear before Federal Magistrate Anthony Battaglia.
At Thursday's preliminary hearing, Battaglia set a new hearing date for next week on the 45-count indictment. Earlier this month, he set bond for each of the defendants at between $25,000 to $100,000.
The indictment, unsealed two weeks ago by federal authorities, alleged the 13 defendants conspired to distribute medical marijuana illegally, conspired to launder millions of dollars, as well as other felony charges, related to their purchase of a home at at 15702 Circo Diegeuno Rd., Rancho Santa Fe, where 89 marijuana plants were grown at a "bonus room" accessible only by a hidden door behind a bookshelf.
The defendants are Hester, 29; Rex Naanos, 30; Jay Hansen, 30; real estate agent Marco Manuel Luis, 30; Kelsey Lynn Wiedenhoefer, 27; Ryan Michael White, 24; Tara Hester, 26; Zachary Dickinson, 22; Justin Matthew Hunt, 28; Stephanie Tine, 20; Alec Pacillas, 24; Adam Muscat, 33; and Joseph Matthew Nunes, 33.
The 13 were accused of selling the medical marijuana to the Green Kross Collective at Pacific Beach and San Diego's Downtown Kush Lounge, situated only a few blocks from the federal courthouse.
Internal Revenue Service criminal investigators, a Drug Enforcement Administration narcotics task force, and the U.S. Marshals Service investigated the case. Charges were brought on the basis of informants and wiretaps, according to the U.S. Attorney's Office.
Hester was a no-show at Thursday's court proceedings. He refused to leave his Metropolitan Correctional Center cell, near the courthouse, but did not give a reason.
Marcel Stewart, Hester's attorney, refused to discuss the refusal to appear, but added he did not believe this would affect the case. Stewart called it a non-event, saying his recent agreement to represent Hester meant he would have asked for a delay anyway to prepare the case.
Stewart also said the federal government's case represented its challenge of California medical marijuana laws, setting up a trial whose central issue would be whether defendants complying with state medical marijuana statutes could be charged for federal violations.
Charles Reese, a former federal prosecutor not involved in the case, told NBC San Diego 7/39 that skipping the court appearance sent the wrong message to the judge and could be considered a sign of disrespect for the process.
For more background on the Rancho Santa Fe connection, visit this Ah-Ha Rancho Santa Fe News link.
Source: Ah-Ha Rancho Santa Fe News
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