Monday, March 20, 2006
at
9am
in
Oregon City
BELEIVE It makes a huge difference when people RESPECTFULLY show up in support of the
soon-to-be
convicted person.
At the least, come and watch your tax dollars at waste.
This hearing will be at 9am on Monday, March 20, before Judge Maurer on the third floor of the
Clackamas County Courthouse. The address is 8th and Main in downtown Oregon City, just east of
Hwy 99E (McLaughlin Blvd).
If you come, please dress appropriately and be quiet and respectful. Please leave your
medicine at home (or in your car) as the courthouse has a metal detector at the entry (which
is down the hill on the south side of the building, through the basement).
The STORY
Last summer I tried a case involving an unregistered patient who was a caregiver (he thought)
for two patients. He thought his car had been stolen and called it in, reporting that there
were two ounces under the front seat.
Turned out one of the patients had failed to renew (and corrected this once notified and
within 30 days) and the other had discontinued him as her caregiver without notice to him.
Ron Prinslow (then director of the OMMP) testified to these and other salient facts. We had
waived jury and the trial was had to visiting (Klamath Falls) Senior Judge Karla
Kneips. Notwithstanding our best efforts, Judge Kneips found my client guilty of felony
possession of (more than one ounce of) marijuana.
I moved for reconsideration (which was denied) and insisted that sentencing be held before
Judge Kneips, as she had heard the trial. Judge Kneips was not (and is not) scheduled to come
to Oregon City and so the case languished.
Last December the current (3rd) prosecutor on the case asked to have the Court schedule
sentencing. Over my objection and without a hearing the presiding judge (Judge Steven Maurer)
allowed the motion and scheduled sentencing before himself.
My client has since (and before trial) registered as a patient, because of the chronic pain
he suffers as a consequence of various motor vehicle accidents. He had the usual adverse side
effects to conventional pharmaceuticals (nausea, etc.).
This entire court experience (as you can imagine) has been a nightmare for him.
The state is going to ask for 10 days jail as a condition of 18 month formal probation. I am
guessing that they will also ask that he not be allowed to use therapeutic cannabis while on
probation. I have been told by other prosecutors that this restriction is not uncommon among
the judges in this county.
I have been practicing law for nearly 23 years and have participated in hundreds of sentencing
hearings. In my experience it makes a huge difference whether people show up in support of the
convicted person or not.
The hearing will be at 9am on Monday, March 20, before Judge Maurer on the third floor of the
Clackamas County Courthouse. The address is 8th and Main in downtown Oregon City, just east of
Hwy 99E (McLaughlin Blvd).
If you come, please dress appropriately and be quiet and respectful. Please leave your
medicine at home (or in your car) as the courthouse has a metal detector at the entry (which
is down the hill on the south side of the building, through the basement).
Thanks,
Lee Berger, Portland
For more information, CONTACT:
Leland R. Berger
Attorney at Law
3527 NE 15th Ave., #103
Portland, OR 97212-2356
503-287-4688
503-287-6938 - fax
503-504-4298 - cell
lelandberger@comcast.net
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