From: NORML California <[canor m l] at [igc.apc.org]>
Newsgroups: talk.politics.drugs
Date: 19 Oct 93 00:23 PDT
Subject: 74-Year-Old Stamate Sentenced to 9

      PLACERVILLE, CA - Oct. 18, 1993:  Byron Stamate, a 74-
year old man who grew pot for his ailing girlfriend, was 
sentenced to nine months in jail by El Dorado County Judge Eddie 
Keller.
      On Sept. 2nd, Judge Keller ruled that Stamate should be 
sentenced as a dealer, rejecting his claims  that he was growing 
marijuana for personal use by himself and his girlfriend, Shirley 
Dorsey, 56, who used it medically to treat severe chronic back 
pain.  Dorsey committed suicide after Stamate's arrest, saying 
she did not want to be forced to testify against him. 
      In addition to jail, Stamate could lose his life savings in 
separate forfeiture proceedings.   The government  has already 
taken a house and cottage from him and is trying to forfeit his 
remaining home and entire life savings of $177,000.  Stamate has 
a long employment record, including thirty years' work with the 
Federal Aviation Administration and other public agencies, as 
well as in the real estate business.  
      Stamate is expected to appeal the court's sentence.  
Observers were stunned by Judge Keller's uncritical acceptance of 
the prosecution's case, including patently false testimony by DEA 
Agent Charlie Stowell, who testified that marijuana couldn't be 
ingested through food nor preserved by freezing, and that 
Stamate's 164 indoor seedlings would have produced 164 pounds 
of marijuana (Stowell is also remembered for having falsely 
reported spotting marijuana in a fatal raid on Malibu millionaire 
Donald Scott).
        In an irregular move, Judge Keller accepted a guilty plea 
from Stamate before hearing evidence on his eligibility for 
diversion.   Stamate has sought to withdraw the plea and is out of 
jail pending appeal.
      Byron vows to fight to the end. "This is not only for me," he 
says, "It's for the people who want freedom, for their rights."