CRIMINAL CLERK'S MINUTES at Las Cruces
CASE NUMBER: CR O6-538JH DATE: O6/22/06 COURTROOM: FTR/LCS
CLERK: E. GARCIA TYPE OF HEARING: MOTION-BAIL REVIEW
DEFENDANT(S) ATTORNEY(S)
MARY HELEN QUAINTANCE STEVE ALMAZA FOR MARIO ESPARZA
DANUEL DEAN QUAINTANCE MARK ROBERT
USA by: AMANDA GOULD, Asst. U.S. Attorney Interpreter: NONE
Pretrial/Probation Officer present: DAVID BANEGAS Court in Session: 9:34-9:59 AM
_X_Other:
COURT: ADDRESSES DEFENSE COUNSEL FOR BOTH DEFTS OF MOTION TO MODIFY CONDITIONS AND ADDRESSING ISSUE OF CASE BEING SEVERED AS TO MRS. QUAINTANCE
ROBERT: ADVISES COURT OF MOTION TO AMEND CONDITIONS OF RELEASE AND MOTION TO BE SEVER AS TO MRS. QUAINTANCE HAS NOT YET BEEN RULED ON
ROBERT: ADDRESSING COURT OF DEFTS CONDITION OF RELEASE-NOT ASSOCIATING W/DRUG USERS OR DRUG DEALER
COURT: ADVISES ROBERT THAT HIS INTERPRETATION OF CONDITION OF ASSOCIATING W/KNOW DRUG USERS OR DRUG DEALERS IS BROADER THAN THE COURT INTENDED
ROBERT: ADVISES COURT THAT HIS CLIENT'S PROPERTY HAS BEEN RAIDED BY LAW ENFORCEMENT AND SOME ITMES HAVE BEEN TAKEN FROM THE DEFT AND THEY ARE ALSO BEING MONITORED BY LAW ENFORCEMENT - WORK A COMPROMISE W/COURT ON CONDITIONS OF RELEASE SO HIS DEFT CAN COMMUNICATE W/HIS SPIRITUAL MEMBERS AS HE IS THE LEADER OF HIS CHURCH, ONLY CERTIAN ITEMS CAN BE COMMUNICATED W/HIS MEMBER, NOT THE USE OR DISTRIBUTION OF MARIJUANA
GOVT: ADVISES COURT THAT THE CONDITIONS OF RELEASE REMAIN IN PLACE AS IT IS
ROBERT: EXHIBIT-A ENTERED; ADVISES COURT OF RELIGIOUS PRACTICE W/MARIJUANA-HEMP, REQUESTING OF AMENDING CONDITIONS OF RELEASE
GOVT: REGARDS TO RELIGIOUS BELIEF-BURDEN ON DEFENSE
COURT: ADVISES DEFTS THAT THE JUDGE HERRERA HAS TO RULE ON MOTION TO DISMISS; DENY MOTION TO USE MARIJUANA AT THIS TIME; GRANTS MOTION TO ALLOW LIMITED CONTACT WITH CHURCH MEMBERS; BOTH DEFTS CAN HAVE CONTACT W/MEMBERS OF THE CHURCH, BUT DEFTS CANNOT HAVE ANY DISCUSSION WHERE TO OBTAIN MARIJUANA, NO URGING OF CHURCH MEMBER TO USE MARIJUANA; BOTH DEFTS CANNOT BE PRESENT IF MEMBERS ARE TAKING MARIJUANA IN WHATEVER FORM; DEFENSE COUNSEL WILL PREPARE ORDER
PSA: ASKING COURT THAT IF A DRUG DEALER OR USER IS IN CONTACT W/THE DEFTS IS THAT A VIOLATION
COURT: ADDRESSING PSA IF THE DRUG USER IS A MEMBER OF THE CHURCH, THAT IS NOT A VIOLATION, IF THE DEFTS ARE PRESENT W/CHURCH MEMBERS USING MARIJUANA, THAT IS A VIOLATION, IF THEY URGE A NEW MEMBER TO USE MARIJUANA, THAT IS A VIOLATION, ADVISING PSA OF UA'S IN WHICH ARE DONE RANDOMLY, IT IS DONE AT PSA DISCRETION, IF PSA INCREASES UA'S THAT WILL BE DONE
GOVT: ASKING COURT TO CLARIFY CONDITIONS TO COMMUNICATE W/DRUG USERS
COURT: DEFTS CAN HAVE CONTACT W/ONLY KNOWN MEMBERS OF THE CHURCH, BUT THEY CANNOT BE PRESENT WHEN MEMBERS ARE USING MARIJUANA
ALMANZA: ASKING COURT OF WHAT HIS DEFT CAN SAY TO CHURCH MEMBERS
COURT: ADVISES BOTH DEFTS HOW CAREFUL THEY NEED TO BE TO TALK TO THEIR CHURCH MEMBERS AND CAUTIONS THAT ANY URGING OF ILLEGAL ACTIVITY REGARDING USING ILLEGAL DRUGS IS A VIOLATION. TERMS OF "DEITY" AND "SACRAMENT" CONSIDERED BY THE COURT AS SYNONYMOUS WITH "MARIJUANA" AND ADVISING DEFENSE COUNSEL THAT TRANSPORT ORDER HAS BEEN SIGNED
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