Kyle Catlin’s family and friends have a lot of questions about the way his trial rolled out last week.
The biggest of them all: Why was Arizona’s medical marijuana law pretty much ignored during most of the trial? Kyle’s father, Marvin Catlin, is certain that if the defense would have been able to explain the statute, and how it pertained to Kyle’s case, the jury wouldn’t have convicted him on three felony drug charges. The 27-year-old is a medical marijuana patient and certified caregiver.
On Monday morning, Marvin watched the eight jurors read their unanimous decision, finding Kyle guilty of possessing marijuana for sale; attempting to produce marijuana; and possessing drug paraphernalia. Three felonies that could total two decades in prison if given the maximum.
Within 10 minutes, Kyle was taken into custody. He’ll likely remain in jail until his sentencing hearing, which is scheduled for the beginning of December. His attorney, Brick Storts, wants him out on bail, but who knows.
Marvin stepped out of courtroom #478 that morning to call his wife. The mother of four wasn’t able to get the day off work, and had to hear the news over the phone.
“(The jury) allowed for the law to be violated…ruined someone’s life…put a perfectly fine man who harms no one (in jail),” Marvin says. “My wife is devastated. She is going to have a tough time.”
A Glimpse into Trial for Case 1
(To freshen up your memory on details of Kyle’s situation, read the story I wrote in September about his two cases.)
Last Tuesday after selecting the jury for Kyle’s trial, Pima County Superior Court Judge Javier Chon-Lopez dictated that no one was allowed to research the Arizona Medical Marijuana Act (passed by voters in 2010), according to Storts. The defense couldn’t ask witnesses questions related to the law, and the only times Storts was able to briefly mention the AMMA was during his opening and closing statements.
The only guideline explained was that an MMJ cardholder can possess up to 2.5 ounces of weed. Also, any word on Kyle’s advocacy work with the group National Organization for the Reform of Marijuana Laws was prohibited.
At the end, Storts had no option but to rely on “beyond a reasonable doubt.” When he directed the jury on the last day of trial, he said the state had failed to prove Kyle’s guilt—that all the conclusions reached were unfounded assumptions.
First, there was the testimony by a young man—not a medical marijuana cardholder—who allegedly got weed from Kyle. Storts reminded the jury that the young man never confirmed he had gotten the marijuana from Kyle. (The man in question was reportedly seen leaving the apartment complex where Kyle consulted with other medical marijuana patients.) Prosecutor John Edgett, deputy county attorney at the Pima County Attorney’s Office, argued it wasn’t necessary to hear it from the young man’s mouth—the circumstantial evidence pointed to Kyle selling him weed.
“(The young man) told me that he remembered everything except for things that implicated this defendant. You (jury) can understand why he doesn’t want to get someone he is acquainted with in trouble,” Edgett said in his closing statement.
(This young man’s arrest was what backed up law enforcement agents’ surveillance of Kyle, and the warrants to search both Kyle’s place of business near Grant Road and First Avenue, and residency near Fourth Avenue, where they ended up finding 147 marijuana plants.)
Then, there was the assumption that Kyle sold marijuana to other cardholders. Storts told the jury that Kyle’s caregiver business—Arizona Medical Marijuana Caregivers—was based on donations only. Again, the state did not prove beyond a reasonable doubt that Kyle “sold” marijuana to multiple MMJ patients, Storts’ closing statement said.
About the marijuana production, the state’s attorney repeatedly said Kyle couldn’t grow marijuana, when the AMMA very clearly states that a patient can grow up to 12 plants in an “enclosed, locked facility.”
Kyle did not testify in his trial.
Strange Occurrence
Kyle faced a fourth charge that was later dropped: possession of a deadly weapon during the commission of a felony charge.
Still, Edgett did not remove two photos of Kyle’s shotgun from the evidence slideshow. The jury possibly saw the photos while Edgett scrolled through the slideshow, according to Kyle and his father, who said he saw the photos appear on the screen for a few seconds.
Edgett admitted that the photos were still in his iPad, and that if they had indeed appeared on the screen, A. He did not do it on purpose, and B. The photos couldn’t have been on the screen for longer than a split second. Storts asked for a mistrial based on that mistake, but Chon-Lopez denied it, saying he hadn’t seen the photos on the screen either.
Kyle’s father told the Weekly that he’s almost positive the shotgun photos had a very negative effect on the jury—that the moment they saw those photos (if they saw them), even though the charge was dropped, the image of Kyle as a violent drug dealer remained in their minds.
What the Defense Could Have Looked Like
(From the article, In Defense of Marijuana):
The MMJ Act was approved by voters in 2010, but it took two years for dispensaries to pop up. Qualifying patients were left with the options to either cultivate their medicine (the law allows for 12 plants per patient), or find so-called “compassion clubs” of independent medical weed dealers that could provide them with their medicine.
At the time, Catlin knew a few people who needed both help and a space to grow. After getting his MMJ card for chronic pain, Catlin went through the process of also becoming a medical marijuana caregiver. By law, caregivers can purchase, transport and grow medical cannabis in limited quantities for up to five patients, as long as they are registered with the state, comply with the MMJ law and pay taxes, according to the Arizona Medical Cannabis Association.
The medical marijuana law has a section called Affirmative Defense, which pretty much means that if you prove the marijuana possession, use, cultivation etc., falls within medical boundaries—and as long as you follow other guidelines, such as being in possession of the legal amount of weed, or growing marijuana in a “contained, enclosed facility”—all or some charges can be dropped.
That’s what Catlin hoped to prove in trial 1.
A paragraph of the medical marijuana law reads, “The qualifying patient and the qualifying patient’s designated caregiver were engaged in the acquisition, possession, cultivation, manufacture, use or transportation of marijuana, paraphernalia or both, relating to the administration of marijuana solely to treat or alleviate the qualifying patient’s medical debilitating condition … or (its) symptoms …”
Catlin told the Weekly the weed, the cultivation, the paraphernalia were all for his and the other patients’ medicinal purposes.
In a defense letter he wrote to the court, Catlin said that his acquisition, possession, cultivation, manufacturing, transportation and marijuana paraphernalia were there to treat, alleviate “mine and other qualifying patient’s debilitating medical conditions or symptoms associated …” Also, he had a system where everyone got carded, and he made sure no one got more than 2.5 ounces of weed every 14 days.
He argued, as a patient he has the right to grow 12 plants, so he did. The rest belonged to the other 15 patients. He said that several of his lawyers have asked him to hand over the names of those 15 people, so that at least the 147 marijuana plants aren’t all tagged with his name. But Catlin wasn’t willing, unless he was promised those people won’t get charged with anything. But, he says, if the prosecutors wanted to get a hold of them that bad, their names and contact information are in his computer, which they confiscated at the time of his arrest.
Then there’s the amount of weed he’s being charged with, which he said is inaccurate because prosecutors are counting stems, leaves, and other un-useable parts of the plant. Useable marijuana is the flower that’s been dried out.
(During the trial, one of the law enforcement officers who arrested Kyle confirmed that he hadn’t done a test to verify whether the marijuana was useable or not. He said it looked useable.)
A Reminder of Arizona v. Matlock
(From In Defense of Marijuana):
In May of this year, the Arizona Court of Appeals Division Two overturned a ruling from July 2014 by Pima County Superior Court Judge Richard Fields, which stated that medical marijuana patients are allowed to provide each other with weed, per the state’s medical marijuana law.
Back when he issued the ruling, Fields said a section of the marijuana law says patients can’t be prosecuted for providing each other with weed, as long as “nothing of value” is exchanged in return. Another section says that a patient’s card can be revoked if the patient gives a non-cardholder weed, which he interpreted as, cardholders can provide marijuana to other cardholders. He also argued that the 59-word provision contained no commas, so under state law that meant the section was ambiguous, and could be interpreted in several ways. When a law, or portion of a law, is ambiguous, the court must be lenient with the defendant. Basically, the wording was so confusing, a person couldn’t know if he or she was breaking the law, if he indeed broke it.
The Fields ruling helped dismiss a case against Tucson resident Jeremy Allen Matlock, who was caught placing ads on Craigslist offering medical marijuana in exchange for a small donation of $25 per plant.
The Court of Appeals said allowing patient-to-patient transactions would green light sale enterprises. Their decision also came down to a different interpretation of the wording (and the grammar), similar to what Fields cited in his ruling.
With the Fields case overturned, Matlock is facing prosecution again. An appeal to the Arizona Supreme Court is pending.
Storts said in September that if the Arizona Supreme Court overturned the Appeals Court’s decision, then Kyle could have had “a really good chance.” Either way, since the medical marijuana law couldn’t be used in trial, this case was also useless. Storts, Kyle’s family and friends hoped for a jury nullification, which means, “OK folks, he did it but this law is ridiculous and you don’t want to sentence anybody to prison for a long time,” Storts said.
“The problem with some law enforcement is that they don’t really know the (medical marijuana) law,” Catlin told the Tucson Weekly in September. “People get arrested and they leave it up for the courts to figure out. The law was made so that no more people got arrested. (The state) is trying to undermine the medical marijuana system.”
Case 2
The trial for case 2 begins in mid-December. Both Kyle, and his younger brother Kalvin Catlin—also a medical marijuana cardholder—face several drug felonies.
(I had a conversation with Kalvin after Kyle’s trial ended. Stay tuned for a write-up on that tomorrow.)
This article appears in Oct 15-21, 2015.
Jury nullification is the only way to deal with dishonest prosecutors as was done at the end of alcohol prohibition. No patient should be jailed for using this plant to heal themselves naturally. These disingenuous prosecutors are killing people who otherwise might be healed from many serious diseases, including cancer.
“It is little surprise that for a couple of decades at the direction of the multinational pharmaceutical industry, and more recently the for-profit prison and law enforcement industry, the federal government and National Institutes of Health (NIH) have concealed a highly effective and completely natural remedy and relief for cancer. In just the past two weeks, the federal government and NIH have quietly confirmed that cannabis (marijuana) is very effective at killing cancer cells without harming healthy cells like radiation and chemotherapy. In fact, on the NIH website devoted to the hideous disease, http://Cancer.gov, they published the truth about marijuana and its effectiveness at combating cancer in a stunning reversal of over four decades of deliberate fear-mongering and propaganda portraying the common weed as dangerous; all to satisfy the greed of the pharmaceutical industry, prison system, and law enforcement agencies at the local, state, and federal level.”
http://www.cancer.gov/about-cancer/treatme…
http://www.independent.co.uk/life-style/he…
“Prohibition… goes beyond the bounds of reason in that it attempts to control a man’s appetite by legislation and makes a crime out of things that are not crimes… A prohibition law strikes a blow at the very principles upon which our government was founded.”
Abraham Lincoln
While this Drug is effective in treating some medical conditions; Muscle spasms caused by multiple sclerosis, Nausea from cancer chemotherapy, Poor appetite and weight loss caused by chronic illness, such as HIV, or nerve pain, Seizure disorders, and
Crohn’s disease, its’ use for Medical purpose should be supported by Scientific evidence, including Clinical Trials, and regulated by the FDA; closely monitored by the tending Physician and State Department of Health.
If holders of a Medical Marijuana Card sell to others, the Card should be revoked and they should be prosecuted to the full extent of the Law as Drug Dealers!!!
The major consumers of this Drug, if legalized for so-called recreational purposes, will be the younger generation; destroying the very fabric/future of our Democracy.
This Drug should NOT be legalized for recreational purposes!!!
NEWSFLASH Francis Saitta, youngins are already obtaining all the marijuana they want, only now, they support these nasty, violent drug cartels.
Moreover, you claim that approval for certain conditions should be supported by scientific evidence and approved by the FDA.
Good luck with that because federal law pretty much prevents it.
Maybe you should provide scientific evidence as to the harmful effects of medical marijuana or marijuana in general, and that does not include the hokey-pokey ‘science’ created during the Nixon administration.
For the longest time marijuana, opium, and all other sorts of drugs were legal in this country. Again, this particular prohibition has its roots in racism.
Just Another Az PC: You are a COWARD; using the anonymity of a Penn Name to attack me personally!!!. Your post is ad hominem and should be deleted.
It’s time to start digging up the dirt on both Judge Javier Chon-Lopez, and Prosecutor John Edgett. Enough of this circus. They’re not fit to serve, and you can damn well bet somewhere down the line they have ties to the private prison industry. BANK ON IT!
” If holders of a Medical Marijuana Card sell to others, the Card should be revoked and they should be prosecuted to the full extent of the Law as Drug Dealers!!!”
This is a ridiculous statement Francis. Please clarify, are you insinuating that approved dispensaries are drug dealers? If yes, your a fool. That would make Walgreens a drug dealer as well. If this isn’t the case, the tell me, how were patients supposed to obtain cannabis before the dispensaries opened? This is the time frame within which these arrests happened.
You are sadly uninformed. End the drug war, take the money away from the cartels. It’s the only direction forward. Your plan failed decades ago
There is an Appeals Process if the Defendant feels that the Judge and Prosecutor were in error in this trial.
And just think Sheriff Joe Arpaio was in Sun City talking about support for legalization of Marijuana. This was promoted by
” Mom Force Arizona ” a group of Arizona Mothers concerned about the proposed ” Legalize Like Alcohol ” initiative going around.
This MPP proposed “Legalize Like Alcohol” had been in place when he was arrested all of the people growing in his place however stupid would be prosecuted for no less than 5 felonies. All of the property would be seized and more going to prison.
Least we forget sheriff Joe Arpaio was head of the DEA during the biggest growth of the cartels under his term they grew exponentially and the drug war increase to unbelievably gruesome horrible atrocities destabilizing governments building huge criminal organizations.>>>> Now as Sheriff he is doing one of the biggest sweeps of marijuana possession and tiny home grows. This is all in an effort to support a criminal organization being developed. but to do this they need more sweeping laws to enforce just like the drug laws that brought us the “DRUG WAR” this is the new MPP “Legalize Like Alcohol” don’t give it to them
Such BULLSHIT! God forbid anyone try to assist those in need.
Francis Saitta
Just because there is an Appeals Process. That is no reason for a Judge to disobey the Law while an Innocent Man sits in Jail awaiting the VERY LONG process of Appeals.
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=36
Read this Law before You go saying things about something You have no idea what the Law reads.
My Son DID NOT VIOLATE the Arizona Medical Marijuana Act.
Mr. Marvin Catlin,
Your son is a very selfless person. I truly wish there were more like him. I would love to be in charge of this case, it would be dismissed on the grounds of extreme injustice. I am really sorry that political law and human law are not one and the same. Regards, DC
And who is this Francis Saitta guy anyways? The poster boy for the DEA? Wow, talk about someone who just doesn’t get it. Hey Francis, why don’t you go and harass the pharmaceutical companies if you want to look cool & knowledgeable about who the real ” drug dealers” are? Call me a COWARD all you want to because I use a pseudonym, but at least I’m not a tool.
Marvin Catlin: You can request a Writ of Habeas Corpus and an Emergency Hearing with the Arizona Court of Appeals.
….and……..and…if both the Judge and Prosecutor are shown to be intentionally in violation of the Sixth (6) Amendment of the Constitution, they can be removed from Office forthwith.
In the Federal District Court…..Prisoner Form – Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. § 2254
Form and instructions designed to help prisoners prepare a petition challenging their custody on the grounds that their state conviction or sentence violates the United States Constitution or other federal law.
I don’t feel Kyle had a fair trial. The ppl. in Tucson have been seeing this for the last few years and it is just totally wrong. An injustice to Kyle Catlin and patients as well. I don’t think they had a fair or impartial trial due to the publicity this case recieved and all the ppl. on the jury are probably the one’s not wanting us to have an alternative medicine this is just totally messed up
Sounds like John Edgeget, prosecuting attorney, needs a new profession. My mother and father inlaw s were murdered, close to 90’s, one of the murderers in that case gets 7 years , than can petition for early release. I guess the life of two old people are less important than some stupid medical marijuana case with ridiculous prosecution. Instead of filling our jails with violent criminal offenders, we fill them with card carrying medical marijuana users. It also sounds like this Judge should be named in this article, so we can check the box for removal at the ballot box.
It is a messed up world when you put people in prison for plants! Dose no one else see that as totally ridiculous when plants grow natural created by God not man ! Kyle being in jail is sick unjust and American any way that you look Ayers itFREE KYLE!!!!!!!!!!!!
@@@
Aloha. I recommend practicing simple and effective spiritual principles to help get through challenging circumstances like this one. (I just finished 50 months in federal prison for Cannabis; no bail and no trial). Look for the blessings in this situation and you will find them, as horrible as this miscarriage of justice seems to be. Resist being a victim even though it looks like you were victimized.
Who’s the Pusher Now?
https://www.youtube.com/watch?v=kSw_vILNf6s
Lots of love to you and yours,
Roger Christie
http://www.thc-ministry.org
http://www.the-last-marijuana-trial.com
@@@
We sell and we’re suppliers of various types of Kush. Text OR Call us at 202) 524-1578
/EMAIL at{simoncoox@gmail.com}They’re available in Good Quality and are ready available for those above 18years, we do both retailing and wholesales. Our products are of High purity (99.92 -99.98 %).We globally ship discretely with our prices being moderate.Contact for more information if interested in any of our stuffs for prompt and discrete supplies .Willing to mix and match strains.We sale top quality naturally grown buds.
STRAIN LIST …….
Acapulco Gold
Afghan Kush
Afgooey
AK 47
Alaskan Thunderfuck
Apollo 13
Banana Kush
Big Cheese
Black Cherry Soda
Black Magic Kush
Black Rhino OG Kush
Black Widow
Blackberry
Blackberry Kush
Blue Haze
Blue Thunder
Blue Widow
Blueberry
Blueberry AK..
Blueberry Haze
Blueberry Kush
Blueberry Yum Yum
Bluecheese
Blurberry
Bubba Kush
Bubble Berry
Bubble Hash
Bubble Kush
Bubblegum
Cali Gold
Cali Hash Plant
Cali Orange Bud (C.O.B.)
California Dream
Chronic
Durban Poison
Firewalker OG
G-13 Purple Haze
Girl Scout Cookies
Grand Daddy Purple
Grape Ape
Green Poison…
Jack Herer
LSD
Mango Kush
Mr. Nice Guy
Northern Lights
NYC Sour Diesel……
OG Kush
OG Kush
OG Mango
Orange Widow
Piezel
Pineapple Express
Pure Power
Pure Power Plant
Purple Bubba Kush
Purple Cheese
Purple Haze…
Purple Kush
Purple Passion
Reggie
Rhino Diesel
Runuponyah
Sensi Star x AK47
Skunk #1
Sky Walker
Skywalker OG Kush
Sleestack X Skunk
Sloppy Bowl…
Smelly Guy
Snoop’s Master Kush
Snow Wreck
Snowcap
Sour Diesel
Sour Grape
Sour Kush
Sour OG
Sour OG Kush
Sour Russian
Strawberry Cough
Strawberry Diesel
Strawberry Kush
Super Lemon Haze
Super Lemon Skunk
Super OG Master Kush
Super Silver Haze..
Super Skunk
Super Sour Diesel
The Magic
Triple Diesel
White Fire
White Haze
White Rhino
White Russian
White Skunk
White Widow.