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