Landmark Case for “Medical Necessity” Caregiver Defense
Costly Four-Day Jury Trial Proceeds While
District Attorney Pursues Exemption from Term Limits
October 27, 2011, Brighton, CO: Late this afternoon, an Adams District Court jury of twelve citizens delivered a “not guilty” verdict in the felony criminal trial of People v. Richard Wainwright, Jr., Adams District Case No. 10CR007.
Mr. Wainwright’s lead defense lawyer Robert J. Corry, Jr., said “This case establishes that a Medical Marijuana caregiver can cultivate or possess as much marijuana as is medically-necessary for his patients. The verdict eviscerates the all-too-frequently repeated legal fiction that a caregiver or patient is strictly limited to six plants and two ounces of medicine.”
Mr. Wainwright was charged with “Felony Cultivation of Marijuana” and “Misdemeanor Child Abuse” stemming from his indoor medical marijuana garden in Thornton, Colorado. In December 2009, seven armed detectives from the elite paramilitary North Metro Drug Task Force descended on Mr. Wainwright’s home garden, and took clippings from an alleged 226 marijuana plants.
The jury trial lasted four days, took twelve citizens away from their jobs and families, used up hours of limited courtroom time, required a District Court Judge and staff, was litigated by a highly experienced senior-level prosecutor, forced six police detectives or officers off the streets, and placed Mr. Wainwright and his family in a terrifying position. The trial featured testimony about Mr. Wainwright’s former patients, one of whom died from her breast cancer in February 2011 while the case awaited trial. It is estimated that the cost of the trial to Adams County taxpayers exceeded $100,000.00, so far.
The District Attorney brought the costly trial while Adams and Broomfield County voters consider Question 1A, whether to exempt the District Attorney from the eight-year term limit that applies to other elected public servants in these counties.
Following the verdict, Mr. Wainwright walked out of Court, convicted of nothing, shaking and sobbing with emotion after this long ordeal ended. He thanked the Jury for their service.
In the next week, it is expected that Mr. Wainwright and his legal team will be retrieving Medical Marijuana seized by the North Metro Drug Task Force.
Robert J. Corry, Jr.
Attorney at Law
600 Seventeenth Street
Suite 2800 South Tower
Denver, Colorado 80202
telephone 303-634-2244
Robert.Corry@comcast.net
www.RobCorry.com