Marijuana Growers Released by Mistake Skip a Court Date

[Medical Marijuana]

Keizer pair, freed from jail, drop out of sight

A Keizer couple convicted of growing too much marijuana in their home is being sought after being mistakenly freed from jail, officials said.

A judicial miscommunication resulted in Robert Anderson, 26, and Stacee Beaver, 30, being freed last week after a Marion County jury found them guilty of two counts of manufacturing marijuana and one count of manufacturing marijuana within 1,000 feet of a school.

The couple did not show up Monday at a sentencing hearing, prompting Marion County Circuit Judge Lynn Ashcroft to issue nationwide warrants for their arrest.

Prosecutors and police think Anderson and Beaver are hiding to avoid serving time for their conviction.

Anderson is facing up to 51/2 years in prison. Beaver could get as much as 4 years.

"They win if they never get caught," Marion County Deputy District Attorney Katie Suver said. "That's the bottom line in their minds, I think."

Anderson and Beaver have medical marijuana cards. Their attorneys said they suffer from gastrointestinal disorders with symptoms that are eased through the use of marijuana.

Keizer police arrested them in October 2006 after a search of their property found an indoor marijuana growing operation containing more plants than allowed by their medical marijuana privileges.

They were authorized to have 18 seedlings and six plants more than 12 inches tall under Oregon law, Suver said.

Keizer police found 46 seedlings and 23 mature plants during a search of a home at 995 Sagrada Circle N, according to police Capt. Jeffrey Kuhns.

Anderson and Beaver were convicted May 6 of all manufacturing charges against them after a five-day jury trial. The jury rejected a series of delivery charges that also had been filed against the couple, said Portland lawyer Leland Berger, one of their defense attorneys.

"The trial was about how they were growing it for sale and the jury completely rejected that, which to me makes the trial a complete waste," Berger said.

Berger likened their conviction to a technical violation such as driving without a license.

Ashcroft initially ordered the pair to be held in jail while they awaited sentencing. After the court proceedings ended, Berger asked the judge to reconsider that decision. Ashcroft assumed prosecutors had no objection and ordered the pair freed.

In fact, Suver opposed releasing the pair and called the judge later that day to tell him so.

Ashcroft immediately rescinded his order freeing Anderson and Beaver, and scheduled a hearing the next day in which he would go over arguments for and against freeing them before sentencing.

Marion County jail officials received Ashcroft's order freeing the couple but did not get his follow-up order that rescinded their release.

Jail officials released Anderson and Beaver at 10:30 a.m. May 7, the day after their conviction and five days before their sentencing.

Ashcroft held a hearing with Suver and Berger that afternoon, at which time he decided the couple should be held in jail until their sentencing. The judge, the prosecutor and the defense attorney all say they were unaware the couple already had been released.

Suver said she learned about their release May 9 after she received an e-mail from one of the defense attorneys.

"Friday morning I get an e-mail, 'Do you know where my client is?'" Suver recalled. "I pulled up the jail roster on my computer and found they were no longer listed as inmates."

The pair failed to show for their Monday sentencing. Ashcroft allowed the jury to proceed with its part in sentencing, ruling on aggravating factors in the case, and then issued arrest warrants for Anderson and Beaver.

Berger, who represented Anderson, said he was "disappointed" they did not appear at their sentencing.

"It certainly made it harder to defend my client, without him being there," Berger said.

Beaver's attorney, Eugene lawyer Brian Michaels, said he had expected to see her at Monday's hearing.

"I was actually quite surprised, given my conversations with her," Michaels said. "She was always expressive that she was going to appear. I didn't get any hint from her that was something she was considering."

Berger said the real mistake was jailing the couple in the first place.

"The mistake that was made was they were taken into custody without notice after they were acquitted of delivery," he said.

The arrest warrants have been transmitted across the country, Suver said.

Ashcroft takes responsibility for the release of Anderson and Beaver, saying he did not communicate clearly with officials who run the jail.

"The jail staff is absolutely not at fault here," the judge said.

Anderson and Beaver will be sentenced before Ashcroft if they are recaptured. The couple also could face a new charge of failure to appear in court, Suver said.

Berger would not say whether he had heard from the couple after they had not appeared for sentencing.

Source: Statesman Journal (Salem, OR)
Copyright: 2008 Statesman Journal
Contact: letters@statesmanjournal.com
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