Pontiac Man Guilty In Circuit Court Marijuana Case That Previously Went To Supreme Court

[bobandtorey]

Richard Hartwick, 41, of Pontiac, was accused of illegally growing and possessing marijuana in 2011 out of his home. He was charged with delivery or manufacture of marijuana and delivery or manufacture of five to 45 kilograms of marijuana.

 

 

The case began Tuesday, Feb. 2, in Circuit Judge Cheryl Matthews’ courtroom, and ended after about three hours of deliberation on Thursday, Feb. 4. Hartwick is scheduled to be sentenced at 1:30 p.m. on March 14.

 

 

Matthews denied a motion to revoke Hartwick’s bond, court records show.

 

 

A conviction of delivery or manufacture of five to 45 kilograms of marijuana comes with a potential seven-year prison sentence in Michigan.

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Hartwick’s case is one that stretches back more than four years. Detectives from the Oakland County Sheriff’s Office Narcotics Enforcement Team on Sept. 27, 2011, found 78 pot plants inside Hartwick’s home in the 200 block of Yale Street. Also found and seized were dried marijuana plants, paraphernalia, $1,000 in cash, scales and other marijuana related items, along with Hartwick’s cell phone.

 

 

Hartwick’s defense had remained the same since he was charged. He contended that he was immune from charges because he had a medical marijuana registry identification card. He was also caregiver for six people.

 

 

Hartwick filed appeals regarding his case that took it to the Michigan Supreme Court, but the high court remanded the case back to Oakland court in July.

 

 

Following a previous motion back in circuit court to dismiss charges due to a fired Oakland County Sheriff’s deputy’s involvement in the case, Hartwick’s attorney, Frederick Miller, during the trial, mentioned former Oakland County Sheriff’s deputy Marc Ferguson, “an officer who is no longer with the force,” who took the report and gave it to another detective to follow up on “I believe in July or August of 2015.”

 

 

Ferguson was fired from the Sheriff’s Office in 2013 after being accused of lying on the witness stand in a June 2011 marijuana case.

 

 

Miller said the accuracy of the report could be in question, because “do you remember everything three and a half years later?”

 

 

Miller also referenced that Hartwick was initially not even arrested when detectives found the marijuana.

 

 

Assistant Oakland County Prosecutor Shannon O’Brien called a detective directly involved in the initial bust, an Oakland County Sheriff’s forensics expert, a chemist and a narcotics officer she said was a proposed expert in the case.

 

 

A number of items, including a triple beam scale and text messages from Hartwick’s phone, were also entered as evidence in the trial.

 

 

O’Brien, responding to a statement from Miller about the questions that could be left unanswered in the case, referenced the text messages, which read, “Somebody called the cops on my plants,” and “They’re taking my [expletive].”

 

 

Said O’Brien: “Are you left with a question about that?”

 

http://www.theoaklandpress.com/general-news/20160203/pontiac-man-guilty-in-circuit-court-marijuana-case-that-previously-went-to-supreme-court

[t-pain]

so whats next for this case?

 

is he going to appeal again? obviously the court made an error on the plant count. they can no longer use the poisoned fruit of detective marc ferguson. it will be affirmed in the coa, they already affirmed marc ferguson's bunny muffin in other cases. finally it will thrown out in the supreme court in my opinion.

 

but i doubt the guy will appeal. doesnt seem like a fighter to me. should have interoculatorly appealed all of the other decisions in the case too.

 

what do you think, bob? you're the expert.

[bobandtorey]

Thank you Mr. T-pain 

 

I am no expert Lol but i'd say he is a fighter and his Court appointed Lawyer was doing his job great with caching the prosecutors mistake i could tell when it happened he turned around and

 

looked at the people sitting in the bleachers i saw the smile on his face that he didn't want the judge see then the Judge stopped the trial, 

 

I  went out to see if i could find a cannabis Lawyer and told Mr. Rockind in the hallway and told him what had happened and  if he or Mr, Komorn was Mr. Hartwicks Lawyer they would  have moped up this prosecutor and it would have been a BIG win for all cannabis users in Michigan and Oakland County 

 

i just wish i was better with my words on a Keyboard 

[bobandtorey]

I have talked to him on the phone many times and in the Hallway at the Big House Oakland County one person that was with me told me the prosecutor was talking about me behind my back when i left the room i'd like to think i made her nerves and if i did i did the job i was their for 

[bobandtorey]

Matt's Michigan Medical Marijuana Act Education: A case study of People v Hartwick

 

 

Matt’s Michigan Medical Marijuana Act Education is a book that examines People v Hartwick, a Michigan Supreme Court decision that dramatically affected the interpretation of Michigan Medical Marijuana Act. Marijuana conduct remains illegal in the State of Michigan. The primary purpose of this book is to educate caregivers and patients about the legal protection available to them through the MMMA. The book discusses the two primary defenses available for caregivers and patients under the Act, legal immunity, and the affirmative defense. The reader will gain valuable insight into how the MMMA defenses operate in the Michigan courts. The author offers strategies to help caregivers and patient maximize the protections available to them under the Michigan Medical Marihuana Act. The book explores concepts such as overreliance on upon the MMMA immunity section and the related quantity limitation of 2.5 ounces of marijuana and twelve marijuana plants per patient, and how these limitations create a false impression of protection from legal prosecution. Matt’s Michigan Medical Marijuana Act Education is a book designed to help medical marijuana patients and caregivers navigate the minefields created by the MMMA. The book has valuable information for the person just getting started in medical marijuana treatment as well as the seasoned profession seeking to brush up on the latest legal developments associated with the Michigan Medical Marihuana Act.

 

https://www.amazon.com/Matts-Michigan-Medical-Marijuana-Education-ebook/dp/B01IRU6YNQ/ref=sr_1_1?ie=UTF8&qid=1469066123&sr=8-1&keywords=Matt%27s+michigan+medical+marijuana+act+education#navbar

Edited July 22, 2016 by bobandtorey

[bax]

Maybe thats Matthew L. Benedict (P63027) ?

 

Interesting, wonder what tips are in there...