Posted on 11/23/2003 12:09:30 PM PST by freepatriot32
FARWELL After more than a two-year ordeal, a Parmer County jury Thursday found Ronnie Puckett, 47, innocent of possession of marijuana, a charge that came after police found an estimated 250 pounds of the drug on his Lazbuddie farm in October 2001.
His fight continues, however, to keep the state from seizing his land.
Puckett was arrested on June 14, 2002, after an investigation into the cultivation of marijuana plants on about 10 acres of cornfield. Police also seized marijuana from a barn on the property.
Pucketts then-74-year-old father, William Vernon Puckett, was arrested during a raid on the property on Oct. 18, 2001. He later entered a plea agreement and was sentenced to a 10-year probated sentence and a $5,000 fine.
During the three-day trial this week, the elder Puckett testified that his son had no knowledge of the marijuana-growing operation, said Dan Hurley, Ronnie Pucketts attorney.
At the time, Ronnie Puckett was grieving the death of his wife and was not spending much time in his fields, Hurley said.
Two outstanding arrest warrants remain for individuals allegedly involved in the marijuana operation.
Johnny Actkinson, 287th District Attorney, confirmed that Bill Fancher and his son, Jesse Fancher, are wanted on marijuana possession charges.
Kathy Fancher, Bill Fanchers wife, testified against Ronnie Puckett as part of an immunity deal.
In a June 2002 forfeiture hearing in Parmer County, Ronnie Puckett lost his 320-acre farm to the state. The property was valued at approximately $484,000. The state can move to seize property if it is used for illegal drug purposes, Hurley said.
Puckett, however, appealed the ruling to the Seventh District Court of Appeals in Amarillo and won back control of the property because the state did not make a proper filing for seizure, Hurley said.
At the states request, the state Supreme Court has agreed to hear the property forfeiture case, Hurley said.
Still, Hurley said, Ronnie Puckett looks forward to moving on with his life now that the threat of criminal prosecution is behind him.
He is incredibly relieved and happy, Hurley said.
p.christine.smith@lubbockonline.com t 766-8754
Conservatism will never be coherent until everyone is chucked out of the movement except me.
And voting will never make sense until I am the only person allowed to vote.
Then I will ban Spanish in taglines.
But that shouldn't count because "he didn't know" (wink, wink, nudge, nudge). "
purely circumstantial evidence, my friend....
now, if you, personally, saw him smoke 250 pounds of....
In addition, the land is sprayed with weed killer before planting and once during the growing season. The weed killer will prevent the marijuana from growing, and will kill any marijuana that emerges.
Also, corn grows to 7-8 ft; marijuana 10-12 feet. I think you'd spot it if you were looking.
The bottom line? You'd know it.
And it seems like everyone else knew there was marijuana except the owner. His father knew, Bill Fancher knew, his son Jesse knew, his wife Kathy knew, but poor Ronnie Puckett didn't know he had 10 acres of 12 foot marijuana plants growing in an area that was not sprayed for weeds and which produced 250 pounds sitting in his barn.
que pasta' homebrew!
could you es'plain that???
but, a lot slower, por favor...
Google translates this as "What spaghetti homebrew!".
Let me say, in response, that I agree. What spaghetti homebrew!
Wot, you're claiming you're coherent? ;^)
oh c'mon...
you don't find 250 pounds of weed in a glovebox or old cigar box...
thats a huge stash;
it was in the barn...did the druggies that grew it
on "his 10 acres", give him a % of the crop for the use of the land?
actually; it looks like the ol' guy is takin' the fall for the kid...
Public awareness of the seizure laws has curbed the abuses to a degree but they still continue. I knew of people in the early 90's that had bought land as an investment or vacation property and spent more than the land was worth on lawyers trying to keep it. One guy I knew had a single marijauana plant found on the edge of his 40 acre piece of the woods. It was not his and he did not use marijuana but that was not good enough for the DA. In cost him a small fortune in lawyer fees.
The real marijauna growers don't take the risk in most cases and use federal land or someone elses private property for their activities.
with cheese n lots of moose sauce
If there are assets which may have been involved in the criminal activity itself -- a vehicle to transport, a warehouse to store, land to grow, a laboratory to manufacture -- or if there are assets gained by the illegal activity -- cash, paintings, houses, clothes -- I believe it is lawful to hold and freeze those assets until a verdict has been reached.
If that's whats meant by "confiscation" or "seizure", then yes. I don't believe that the government has the power to take possession and/or dispose of the assets until a guilty verdict has been reached.
Bear in mind that we imprison people "before they're found guilty by a court of law", so let's not get ourselves all worked up about a little temporary asset holding.
Well, the State can, and often does.
Is that your final answer? Because it's pretty pathetic. The trial took place, the owner was found not guilty. Why are they even considering taking his property? Did a jury in a civil trail find him guilty of something. NO. Does the 7th Ammendment mean anything to you? You know the one that gives you a right to a jury trial in civil matters where the "value in the controversy shall exceed $20" Apparently not. How about the 8th, you know "nor excessive fines imposed". Given that it is real property there is NO RISK that it could be sold out from under the government. A simple lein could assure that, but again I don't even see why it is an issue at this point.
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