Long Beach Superior Court Judge Charles Sheldon voluntarily removed himself from the case of Joe Grumbine and Joe Byron, the owners and operators of a trio of medical marijuana collectives who were convicted of illegal drug sales last month.
In a stunning revelation that drew exclamations from many in the courtroom, Sheldon admitted he sent a "complimentary letter" to Deputy District Attorney Jodi Castano before the matter was finished.
"I don't know what I was thinking," Sheldon said, adding that he meant what he said in the missive, which was dated Jan. 5, but it was inappropriate to send while the case was still active.
His recusal drew raucous applause, cheers and shouts from a courtroom brimming with about 50 medical marijuana advocates who have rallied inside and outside the Long Beach courthouse throughout Grumbine and Byron's trial.
Defense Attorney Christopher Glew said outside court that the letter congratulated the prosecutor on a job well done and showed the judge's clear bias in case.
"I've never seen anything like it," Glew said. "But it was obvious from the start that Judge Sheldon was biased ... he said from the very beginning there are no legal sales of marijuana of any kind."
Grumbine and Byron were convicted Dec. 21 -- on 13 felony counts including illegal sales of narcotics, grand theft, and filing false tax returns -- following a roughly three week trial.
Supporters of the defendants insist the charges are nothing more than an attack by zealous police and prosecutors in violation of the state's medical marijuana law and have accused authorities of fabricating evidence.
Castano insisted in her opening statements to the jury the case was about two men using the sick and infirm as a shield for illegal drug deals.
"This case is not about whether people have the right to medical marijuana," Castano told the jury at the start of the trial last month. "This case is about two wolves in sheeps' clothing. It's about two men who were out to line their pockets ... with millions of dollars."
Grumbine and Byron were arrested in December of 2009 after police raided the three locations, two in Long Beach and one in Garden Grove.
The legal wrangling began long before the trial, with numerous motions heard as both sides sought to block some witnesses and evidence.
The district attorney and defendants' attorneys disagreed from the start over whether a medical marijuana defense could be presented. Initially, Sheldon ruled no such a defense would be allowed, said supporter Cheri Sicard.
Glew and co-defense Attorney Allison Margolin challenged Sheldon's ruling in a higher court and was awarded a judgement that required the lower court to allow the medical marijuana defense, Sicard said.
Nonetheless, police and prosecutors insisted the defendants used the collectives as profit-driven drug dealing operations run like stores with frequent flier cards, specials and discounts offered inside the businesses.
The defendants, Castano said, tried to hide the businesses by using fictitious business names. She also said the accused stole electricity from neighboring businesses to hide the large amount of power needed to grow the plants.
Bills were paid by money order to eliminate paper trials, the prosecutor noted. The defendants, she said, under-reported their sales tax for two years, pocketing more than $2 million.
Though Sheldon has recused himself from the case, the convictions still stand. However Glew and Margolin said they are preparing motions for a new trial, which will be heard in a new court, by Judge Joan Comparet-Cassani, on April 3.
The motions will include arguments that Sheldon's bias denied their clients a chance at a fair trial and will also cite juror misconduct, Glew said, referring to one jurors revelation post conviction that the group used the Internet to look up the definition of marijuana collectives even though they were instructed by the court that they could not use any outside source of information while deliberating the case.
Even the appointment of the new judge looked as though it was going to be a tough fight Wednesday morning, as Glew and Margolin told Long Beach Superior Court Supervising Judge James Otto they opposed the case being transferred to Comparet-Cassani.
Moments later, however, they withdrew their challenge of the venue.
Outside the courtroom, Glew explained that though he is concerned about Comparet-Cassani's strict ruling record the only other options left at the Long Beach Court would prove even more unfavorable to the defense's case.
"We don't have a lot of options for a fair trial in Long Beach," Glew said.
Source: Press-Telegram
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