In summarizing from John Wilburn’s notes, I mixed Defense attorney Korslund’s questions with Det. Mienhart’s answers, or lack of answer. This was my error, not John’s.
As I now understand it, Korslund asked the Detective if certain information about marijuana cultivation was correct, but the Prosecution objected to his answering as he had not been established as an expert on the subject (though no doubt, he is.)
Neither John nor I intended to mislead anyone, this was simply a miscommunication between us.
I would also assert that is is a distinction without a difference. This blog is not being entered into evidence in court, and our “rules of evidence” are far simpler than the courts, being simply, “is it factually correct?”
I am happily ignorant of all facets of drug use, but perhaps we have experts available to us sufficient for our discussion. Is it correct that a plant produces 8-12 ounces of smoking material? How much would someone use over the maturation period of the plants to maintain a continuous personal supply for himself and perhaps his close associates?
Most importantly, would two hydroponics units be sufficient to supply Frederick’s own use and leave an excess adequate for an ongoing commercial operation?
If not, the distribution charge is bogus, which is the point of that line of questioning. Have we an expert who can answer those questions?
But even that question only relates the charge of distribution. It remains quite possible that even if he were selling some trivial amount of marijuana at some past time, that he believed it was the burglars returning to do him harm who were breaking down his door. Self defense would still apply.
Of a larger interest, from a Libertarian standpoint, whether Frederick is guilty or not on any or all charges, is whether the conduct of the Chesapeake police was consistent with our Constitution and our theory of government. I would assert that it was not, that Chesapeake has gone beyond merely shredding the Bill of Rights but is actively taking away our rights under the Magna Carta.