Wednesday, January 13, 2010

Trial set in pot possession case

Police allege that man had more than 6 ounces in home


By TERRY SMITH
Express Staff Writer

David P. Marks

An April 28 trial date has been scheduled for a Hailey man accused of possessing a felonious amount of marijuana.

The trial date was set Monday in Blaine County 5th District Court for 35-year-old David P. Marks, who could face up to five years in prison for alleged possession of more than 3 ounces of marijuana, a felony. Marks is also charged with misdemeanor crimes of possession of a controlled substance and possession of drug paraphernalia with intent to use.

Defense attorney Andrew Parnes told Judge Robert J. Elgee that the trial may not be necessary because of continued negotiations with the Blaine County Prosecuting Attorney's Office.

"We're in discussions and may very well get this resolved this week," Parnes said.

Marks, who is currently free on $2,500 bond, attended Monday's court hearing.

According to a Hailey police report, Marks was allegedly in possession of 6.426 ounces of marijuana when arrested at his home on Aug. 1.

A probable-cause affidavit filed by Hailey police officer Charles Cox states that police went to the home with an arrest warrant for a person identified as Jill V. Marks. David Marks answered the door and told police that Jill Marks no longer lived there but is now in Alaska.

Cox stated that while talking to David Marks he smelled a "strong odor of burnt marijuana" coming from the home and "we could see that his eyes were very red."

Cox stated that Marks acknowledged that "he had been smoking in the back when we knocked on the front door."

According to the affidavit, Marks did not ask police for a search warrant but agreed to "voluntarily give me the items" and allowed Cox to accompany him to a back bedroom.

Cox reported that police found numerous pipes in plain view and marijuana in bags or bottles at various locations in the room.

Terry Smith: tsmith@mtexpress.com




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