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."