Renee Boje continues the fight extradition to the US on charges that she
cultivated, possessed and "conspired" to distribute marijuana. The charges
stem from a raid on Todd McCormick's famous "Marijuana Mansion", where
McCormick was growing marijuana for genetic research to treat his medical
condition.
McCormick and Boje believed that the grow was legal under proposition 2-15,
a voter ballot initiative that made medical marijuana legal in California.
The US Federal government prosecuted McCormick nonetheless, and continues
to fight the War on Drugs in States that have passed similar ballot
initiatives.
During the 3-day extradition hearing that began November 1, BC Supreme
Court Judge Catliff has refused to hear evidence that might keep Renee Boje
in Canada.
Boje's lawyer, John Conroy, wanted to bring evidence to question what the
prosecution claims is Ms Boje's confession. The confession, argued the
prosecution, shows that Boje was involved in a conspiracy to distribute the
healing weed.
Boje's lawyer, John Conroy, countered that Ms Boje should be granted a
voiredire, a trial within a trial to determine the admissibility of
evidence regarding her supposed "confession". According to Boje, no such
confession was ever made. Judge Catliff refused, overturning a precedent
set in an earlier BC Supreme Court case made by Judge Wong.
Another issue addressed by Judge Catliff was whether or not the affidavit
of Ms Boje, in which she states that she did not make an admission of
guilt, would have bearing on the case.
"The affidavits of Ms Boje's," ruled Catliff, "I find is either
inadmissible as constituting a defence or irrelevant to the issues I must
deal with."
Additionally, the judge declined to hear evidence that Todd McCormick was
growing for medicinal purposes, calling it "irrelevant".
The judge also refused to adjourn the case to allow Ms Boje to call
witnesses to address the political ramifications of the case. Conroy had
argued that the Ms Boje's charges were political in nature, as they are the
result of a dispute between the state of California and the US Federal
Government as to the legality of medical marijuana. Should Boje be
extradited, the DEA would attempt to have her testify against Todd
McCormick in a trial that could decide once and for all the issue of legal
medical marijuana in the US.
"If I ever had to go back to the US I would still refuse to testify and
would probably have to spend a considerable amount of time behind bars
because of that," affirms Boje.
The judge's final ruling was a refusal to delay Ms Boje's extradition
hearing until after Todd McCormick's trial. John Conroy had argued that it
would be appropriate to wait until after McCormick's trial so that the
courts could be fully informed as to whether Boje was involved in criminal
activity or not.
The case will be continued on December 15, when the judge will hear
evidence brought by the prosecutor that the over 4,000 plants in
McCormick's mansion constitute possession for the purpose of trafficking on
the part of Ms Boje. According to Conroy, the large number of plants was
necessary for the kind of genetic research that McCormick was conducting.
Judge Catliff will also hear John Conroy's final argument that the
prosecution's evidence cannot possibly support the charge that Boje was
conspiring to distribute the healing herb. At best, says Conroy, the
available evidence shows that Ms Boje was aiding and abetting the
production of marijuana, but not in possession of it, and certainly not
conspiring to produce.
Should the BC Supreme Court Hearing fail to relieve Ms Boje of her charges,
the case will proceed to the Minister of Justice, Anne McLellan for her
consideration on January 15, 2000. At that point in the proceedings, Conroy
will be able to introduce any and all evidence that Judge Catliff refused
to hear. The minister will then decide whether to sign the papers that
would send Boje back to the US, or to let her stay in Canada.
"We have much more confidence in what might happen at the minister's
office," said Boje, after the hearing.
The case may also proceed to the highest court of BC, the Court of
Appeal,and from there to the Supreme Court of Canada, before the issue is
decided conclusively.
Renee Boje asks all conciencious members of the cannabis community to write
a letter to Anne McLellan asking her to let Ms Boje stay in Canada. Boje
asks that the letters be sent to her lawyer, Mr Conroy, who will then send
them on to the minister.
John Conroy: 2459 Pauline St, Abbotsford, BC, CANADA, V2S 3S1
You can also help her tackle mounting legal expenses by buying one of her
"Cannabis Certificates". They can be acquired for a $25 donation to her
legal defence fund. Each certificate is redeemable for 1/4 ounce of
marijuana when cannabis is legal in Canada. To buy a certificate, send $25
to her address, below.
Renee Boje: PO Box 1557, Gibsons BC, V0N 1V0; rboje@hotmail.com
