January 10th, 2007

Three Defendants Arraigned in Graham Case

by Vanessa Nelson

Medical marijuana patient Wayne Graham was arraigned yesterday along with his two co-defendants -- wife Judith Taylor and friend Mark Marousek. In front of El Dorado County Superior Court Judge Douglas Phimister, the trio entered not guilty pleas and waived the right to a speedy trial.

Wayne and Judith are each charged with a felony count of possession for sale, and all three defendants are charged with felony counts of cultivation.

These charges stem from an April 2006 search, for which officers gained entry to the property by claiming they were investigating a 911 call. Those present were detained and subjected to body searches, including a female who describes her pat-down by a male officer as sexually inappropriate. After a 10-hour hold to procure the warrant, during which the hungry officers ordered Chinese delivery for themselves, a search of two sites yielded approximately 80 plants and 4 pounds of dried marijuana.

Many months of prosecutorial inaction followed the search and seizure of Wayne's property. At the end of the year, however, outgoing El Dorado County District Attorney Gary Lacy finally issued a criminal complaint against the three defendants. The duties of prosecution now fall to the office of newly-elected D.A. Vern Pierson, who was sworn into his position the day before the arraignment in this case.

Currently, all of the defendants are attempting to use the same defense attorney, a situation that caused some discussion during yesterday's proceedings. "I can appoint separate lawyers, but that may not be necessary," Judge Phimister reflected on the matter. He went on to state that the issue will be worked out at a later date, at which time the court will determine whether the shared representation constitutes a conflict of interest.

Wayne, Judith and Mark will be in court again at 8am on February 26th, 2007. The proceedings will take place in front of Judge Phimister in Department 7 of El Dorado County Superior Court, located on the downstairs level at 2850 Fairlane Court in Placerville, CA. At this time, the three defendants are scheduled for a pre-preliminary hearing and plan to have the matter of their representation resolved.