CA: LEGAL GLITCH HALTS POT TRIAL

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The420Guy

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The Judge In The Case Learns That The Defendant Never Entered A Plea.

The trouble-plagued marijuana trial of Bryan James Epis may have hit an
insurmountable obstacle Thursday -- the defendant has never entered a
plea.

The charges on which Epis is being tried are contained in an indictment
returned by a federal grand jury on Jan. 30, but there was no
arraignment.

On Thursday morning, the jury heard opposing attorneys' opening
statements and the government began presenting its evidence. After the
lunch break, however, defense lawyer J. Tony Serra brought the
procedural glitch to the attention of U.S. District Judge Frank C.
Damrell Jr.

The judge put one of his law clerks to work on what impact the
oversight will have. Later, when the jury was excused for its
mid-afternoon break, Damrell observed, "It would appear that this
indictment is in trouble."

Serra agreed, arguing that "the charges now don't exist."

The judge responded, "That would be my conclusion."

[snip]

It was a disconsolate Damrell who left the bench Thursday after
remarking woefully that state funds spent on the trial thus far
may have been wasted.

[snip]

Pubdate: Fri, 28 Jun 2002
Source: Sacramento Bee (CA)
Copyright: 2002 The Sacramento Bee
Website: Northern California Breaking News, Sports & Crime | The Sacramento Bee
Details: MapInc
 
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