Spoke Freely to Cops: AUSTIN GOMM
ON July 26, 2010, a young Arizona State student pled guilty to possessing concentrated cannabis and was sentenced to three years formal probation, required to register as a narcotics offender and pay $12,000 In fines. Counts of possessing and transporting marijuana for sale were dismissed. No prison is contemplated at the outset, meaning of the defendant violates probation, prison time was possible.
In February of 2009 a CHP officer Robert Smith conducted an enforcement traffic stop on a 2006 Accura sedan for speeding on Highway 101 southbound south of Garberville. Approaching the car, he claimed he smelled the strong odor of marijuana and in contacting the driver noticed bits of marijuana leaf on a garment in the front seat.
He ordered Gomm to get out of the vehicle and asked him if he had a medical marijuana recommendation. When Gomm said he did and produced it, Smith handcuffed him and placed him in the back seat of his patrol vehicle because he said he was concerned the suspect looked nervous and might flee.
Without asking permission, Smith then conducted a probable cause search of Gomm’s Accura and found a suitcase containing a seal a meal machine and baggies.
He then opened the trunk and found two duffel bags containing packaged marijuana which later weighed to a total of 19.5 pounds. There was also a black spiral notebook with accounting information called “pay-owe sheets” by law enforcement.
Smith seized the above evidence, as well as the Accura, and headed to the Laytonville CHP office with Gomm. There he was met by special officer Robert Simas of the Major Crimes Task Force. Simas Mirandized Gomm, who nevertheless continued answering the officer’s questions, albeit reluctantly, stating he did not want to offend or mislead the officer but was nevertheless concerned about incriminating himself.
In response to questions, Gomm told Simas he was transporting the marijuana south from Humboldt to dispensaries in Southern California including Kush Mart. In addition, he said he was a caregiver for a large number patients. He also said only ½ pound of it was for his personal use.
Simas reported that having called himself a caregiver, he could nevertheless reveal the names of his patients or what he did to care for them other than provide marijuana and monitor them. He had no documentation for these patients.
Neither
would he state how much Kush Mart would pay him per pound of marijuana.
He
stated that he understood he could be paid a small amount of money for
being a
caretaker, but would not say how much. Gomm told Simas that he was
unemployed
and being supported by his parents at $1,000-$2,000 a month, that he
paid rent
nowhere and really has no bills, and that he had been caregiving since
leaving
college in April of 2008, driving around California for two weeks out
of every
month.
The
Accura was fully paid for.
Simas wrote that based on the interview and he evidence, he formed the opinion that Gomm was possessing and transporting for sale.
Defense counsel was Omar Figueroa. The first thing he did was file a 170.6 motion objecting to judge Richard Henderson, and judge David Nelson was assigned. He then filed a Pitchess motion in September of 2009 to attack the credibility of the arresting officer. A hearing was held the following month, and the motion was granted.
The court subsequently reviewed officer Smith’s personnel file in chambers and issued a finding that he had not found any document’s that would impugn the officer’s credibility or indicate a record of misconduct.
Compare this to the Scoville case which was dismissed by judge Brown, Keith Faulder defense counsel. The defendant was traveling south through Mendocino County when he stopped to take a nap in his car. He had 9 lbs of marijuana, and two recommendations, one for himself for 5 lbs and anther for a fellow coop member for 6lbs.
The DA said the AG’s coop guidelines were bogus, and any transport is for sale. The court disagreed and upheld the guidelines,