Date: Wed, 30 Aug 1995 19:40:24 -0400
From: [o--s--n] at [calyx.com] (Carl E. Olsen)
Subject: more on Combs of the KY HIGH court

Lexington Herald-Leader
Aug. 29, 1995

Combs son's allegations lead to judge's withdrawal from case
By Lee Mueller, Eastern Kentucky Bureau

Prestonburg, KY

As the swarm of TV and newspaper reporters left the Floyd County Courthouse
yesterday, Dan Jack Combs watched from under a nearby shade tree. 
 The 71-year old former state Supreme Court justice grinned broadly and
leaned forward on his toes. "Is High Times here, too?" he asked, referring to
a national pro-marijuana magazine.
 It was kind of a joke: Combs' droll comment on the hubbub that has developed
since Aug. 18 when state police acting on a tip-found a marijuana plant
growing in his backyard at Betsy Layne.
 What began as a rather routine drug raid-Combs and his 16 year old son,
Ghent, were charged with possession and cultivation of marijuana, both
misdemeanors-turned into the stuff of which national TV programs are made
after Combs acknowledged he had smoked pot for quite some time to help him
sleep.
 Yesterday, Floyd District Judge James Allen Jr. stepped down from the case
because Combs' son alleged-falsely Allen said-that Allen helped orchestrate
the police search that turned up water pipes, rolling papers and 4 ounces of
marijuana at Combs' home.
 Still to come, however, is an appearance on a new CBS News program, "Day &
Date" which Combs' attorney, Eric Conn of Stanville ,said was billed to him
as a cross between "Entertainment Tonight" and "Good Morning America."
 Combs, who was elected to the Supreme Court in 1988 after five years on the
state appellate court, retired in 1993, citing health problems. As a judge,
he was outspoken on behalf of constitutional rights and plain-spoken about
his life and lifestyle, which included riding a motorcycle and attending
seances.
 Combs said yesterday he has no memory of smoking marijuana before he retired
form the bench, but said he has a memory problem similar to Alzheimer's
disease, brought on by two strokes and other factors.
 "I may have-but never while court was in session." Combs said of using
marijuana. "I'm sorry, I wish I did have total recall, but I don't. I used to
have an excellent memory. I could quote Thanatopsis," a poem.
 A1992 deposition in a Pike County civil case indicates Combs smoked pot
while he was a judge.
 A Lexington psychiatrist who treated Combs for depression after a 1989
motorcycle accident confirmed under questioning that Combs used marijuana to
help him sleep.
 Dr. Robert Granacher said in the deposition that Combs surprised him by
"telling the truth. Most patients would not admit that."
 Granacher said the admission was not relevant to Combs' problem because
marijuana does not cause major depression. Later, Granacher said he
prescribed Prozac-a powerful antidepressant-for the judge. He also said he
administered four shock treatments-at Combs' request-that temporarily
relieved his depression.
 Dr. Mary Lee Harper, director of the University of Kentucky's drug
information center, said yesterday that if Combs were smoking marijuana and
taking Prozac at the same time, "there are no studies indicating there are
problems with mixing the two."
 Last week, before he was aware of Granacher's deposition, state Supreme
Court Chief Justice Robert F. Stephens said he saw no indication
that Combs smoked pot while on the high court.
 The chief justice stuck by that observation this week.
 Stephens said he knew nothing about Combs' taking Prozac, having shock
treatments or the validity of the drug charges.
 "All I can tell you is, you've got to remember why the man quit the
court-because he realized he was having a problem," Stephens said. "And if
that doesn't say something for him, I guess I have the entirely wrong
standards to judge human beings."
 "When he began to fail, he knew it-and he quit."
 In yesterday's hearing, Allen read a statement, saying he was stepping down
to avoid "even the appearance of impropriety."
 "I will step aside, not because I believe there are grounds in the motion
and affidavit for me to do so, but because I want the defendant to feel that
he will be heard with the neutrality of an impartial judge."
 Allen said he would ask that a special judge be appointed to hear other
motions, including one to quash results of the police search.
 Combs said he has not smoked marijuana since the search but hopes to
continue the practice. Marijuana, which he called one of "God's foods," helps
him sleep and should be legalized for medicinal purposes, he said.
 Given the nationwide interest his case has attracted, however, Combs said he
expects it will be difficult for him to obtain the drug.


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