The Compassionate Coalition

SO enters the story of a 'Con Man'
Frank Marzano was a legal caregiver in the process of being a legal patient, as he is now, suffering from Heart problems and other chronic pain issues.

Marzano had initially become interested in becoming a legal patient, and during the interim, was confident, he could do some caregiving to help some patients. SO, following his going to a couple of the North Denver Medical Marijuana Discussion Group meetings, he was introduced to his patient, Larry, an indigent 'Hard Case', who suffers from GI-Diff, a very painful daily bleeding circumstance which is addressed through serious mmj therapy, as well as prescription drugs and narcotics.

Marzano's only "MISTAKE" was in renting a house in Loveland, Colorado from a world class "CON MAN".

He was assisting in the growth of mmj plants for numerous patients, as indicated by the 42 documents that were known to be "State Certificates" associated with one of the Rocky Mountain State's first collective efforts. During initial motions hearings, it seemed obvious that both the Judge(Kaup) and assistant prosecutor worked very HARD to try and keep the Medical Marijuana portion of this case from the view of a jury.

A special US MARSHAL'S Fugitive Team came out from the East Coast and was tracking down Zandstra, when they (with assistance from local law enforcement) stumbled upon the legal medical grow. Prosecution ensued.

Marshal's Capture Fugitive in Loveland, Colorado
http://www.zwire.com/site/news.cfm?newsid=18299253&BRD=1697&PAG=461&dept_id=44551&rfi=6]US

The initial case incident might be found by googling about the U.S. Marshals Capture fugitive in Loveland Colorado.

I am of the understanding that Frank Marzano was renting a home from this con man Ronald Zandstra. He is so good as a 'Con', he actually made it to be a finalist in the "World Series of Poker" among his long background of criminal activity. Zandstra had initially provided paperwork as being a legal caregiver in Colorado and, according to Marzano, he was totally unaware of his "landlord's" criminal activities.

HOPE this helps give you some perspective. It is among the most bizarre cases, I have ever seen in almost thirty years of new reporting. Stay tuned, for SURE........

Another painful notch on the belt of Larimer County Drug Court Judge Kaup, and his protege' sidekick Assistant D.A. Doaks as legal caregiver FRANK MARZANO is found guilty of

FELONY COUNT 1 CULTIVATION marijuana
and
FELONY COUNT 2 POSSESSION of over 8 ounces marijuana

Self-proclaimed "Constitutional Purist" District Judge Kaup allowed for a basic 'gutting' of the provisions Constitutional Amendment 20 with his limited view exposure of the law to a jury. It appears that in "Kaup's World", legal caregivers have little, if any, legal protections, and he maintains a 'Hard Line' perception that the famous "six and two rule" of six plants, three flowering and three vegatating with two ounces medicine, does not even include concepts like medical necessity and exception (clearly a part of the amendment).

Another example of "Kaup's World" is exemplified by jury instructions which left the "affirmative defense" and "exception" portions of voter approved document on pages 23 and 24, minimized to obscurity. It is extremely disturbing that a jury was allowed to only view one legal patient document, when clearly there were 39 other documents associated with the state's medical marijuana registry, which were NOT shown to the jury, or given consideration. Of course, the amendment clearly states patients/caregivers can not be prosecuted, as well.

Throughout closing arguments by Defense Attorney Robert Corry, Jr., Assistant D.A. Doaks provided quite the courtroom antics with multiple digit objections. At one point, Corry, mentioned the "United States Government" to which the overly excited Doaks sprang up to object. The six day trial was never dull, but slow as the prosecution took four whole days to educate the jury on the case.

The courtroom atmosphere throughout motions and trial have included numerous instances of special 'nods', and literal "on the record" 'coaching' about possible objections to be raised by the mentored assistant district attorney. On numerous occasions, defense attorney Corry complained of the "group lawyering" going on. This, as with literally a cornocopia of other motions were summarily denied by the judge.

It was not enough for the DA's office to invite a school group to view the trial on the day when the prosecution grandstanded concepts including a "90 day Grow Cycle" which netted an estimated "$70,000. every other month", clear falsehoods. Some medical marijuana cannabis genetics can take as long as eight months to cycle to completion, but the assistant DA must have been made aware of some type of 'super strain' or other which can finish in such a short time. Legal caregivers throughout the state are searching frantically for a strain which grows as fast as she has eluded to. Of course, since the judge and prosecution eliminated any testimony by doctors or subject matter experts, the jury was left to believe the obvious falsehoods, as well.
FACT: Cannabis does NOT grow to completion in 90 days.

Another example of courtroom antics is found in the fact that assistant D.A. Doaks would object each and every time the word 'medical' was used, EVEN THOUGH Frank Marzano was confirmed to be a legal caregiver registered with the Colorado Department of Health's Medical Marijuana Registry.

Timothy Tipton, legal patient and activist, and 13 additional unnamed legal medical marijuana patients sued Judge Kaup in civil court over his the demand for medical records, however, a letter of intent submitted by the State Attorney General's office indicates a lack of jurisdiction exists, preventing a district court judge from reviewing what another district court judge has done. Consideration is now being made for a possible motion through the Colorado Supreme Court for clarification of the Constitutional Amendment 20 provisions in question.

Frank Marzano has also since filed criminal charges against Judge Kaup, the prosecuting attorneys and law enforcement responsible for the December 13, 2006 'fugitive raid', in which US Marshals were unable to catch their 'bad guy', but did find a mmj grow.

An appeal on the conviction of cultivation and possession charges is expected to be filed in the matter, following a January 25th, 2008 sentance hearing slated.

2008 DRUG WAR VICTIM Frank Marzano in his own words:

“I was tried and convicted in Judge Kaup’s courtroom (4c, Larimer County) in Fort Collins of growing marijuana. Nine patients who wanted to truthfully testify that I was their caregiver were stopped by this Judge’s rulings.

41 pages of legal medical marijuana documents that police seized are suppressed, hiding my patients’ existence, by Judge Kaup’s order. Got a Stalinist disgrace of a trial and will be sentenced this
FRIDAY at 1:30 p.m.
PLEASE COME and show the “Good Old Boys” of a failed drug war that we will stand together as a legal medical marijuana community.”

Friday January 25,2008
JUDGE KAUP’S COURTROOM 4C
Larimer County Courthouse
Fort Collins

IF you are a legal patient or legal caregiver who would like to show your physical support and attend, but have transportation issues, please email [email]commjexpert@gmail.com[/email] and we will try and put you touch with someone in your area, who might provide transportation to represent.

For more information on Frank Marzano’s story, see also:
http://www.icmag.com/ic/showthread.php?p=1478936#post1478936

PLEASE NOTE: Legal medical marijuana caregiver Chris Crumbliss’ illegal search and seizure case will also be heard in Judge Hiatt’s courtroom at the same facility at 3PM. COME SHOW YOUR SUPPORT!!

In a stunning Good Friday move, Judge Kaup has ordered that jailed legal caregiver Frank Marzano be made eligible for an appeal bond in the amount of $150,000. cash or surety. This is understood to be the first appeal bond issued by this magistrate for his entire career, which spans decades. Judge Kaup made mention of the unusual and unique circumstances surrounding this case, deemed the trial, the first of its kind. He also recalled the large number of legal patients who participated in sentencing efforts, asking that Marzano NOT receive jail time (He was subsequently sentenced by the judge to two years felony conviction of both cultivation and possession of more than 8 ounces).

It was also ordered that Timothy Tipton receive opportunity to be named as court appointed Appeal Bond Supervisor. His specific duties will include overseeing Frank Marzano's legal ability to grow as a current patient listed with the Medical Marijuana Registry. Tipton will be responsible to assure that Marzano maintains and does NOT exceed his legal limits.

Tipton immediately accepted his position as an "Officer of the Court" (he was previously appointed a "subject matter" cannabis expert in multiple other jurisdictions within the Rocky Mountain State.

These limitations have been identified as allowed possession of up to two ounces cannabis medicine, three mature flowering and three unmature vegetative marijuana plants. Marzano will NOT be afforded opportunity currently to participate in caregiving activities to aid other legal patients.
Marzano is known to be an expert grower of medical cannabis, according to Tipton.

Marzano will NOT be currently eligible to grow beyond the judge's ordered listed amount, as Judge Kaup specifically disallowed his ability to claim the Constitutional Amendment 20 element of "medical necessity" to grow beyond currently identified numbers.

Sources report Frank Marzano should be released on appeal bond by the first part of next week.