Post by blackcrowheart on Sept 27, 2006 16:29:55 GMT -5
Peyote, marijuana found inside van religious leader was driving
A judge denied a motion to suppress evidence � peyote and marijuana � seized nearly two years ago inside the van belonging to Paul Skyhorse Durant, who is an American Indian. Durant, 61, is charged with five counts of drug and drug-related charges that could send him to prison for more than a decade, according to his lawyer, Omar Figueroa.
Durant is charged with five felonies: possession and transportation of peyote; possession and transportation of marijuana and possession of a controlled substance.
Durant said the peyote, which was less than 4 ounces, is used for the religious ceremonies of the Native American Church. He said the marijuana, also less than 4 ounces, is for medicinal purposes. Ventura County Superior Court Judge Glen Reiser heard testimony on whether to dismiss the criminal charges against Durant. The judge continued the hearing until Oct. 4. Durant is an elder and religious leader of the Native American Church. He said he has a legal right to keep peyote and transport it as a church member and its spiritual "road man," in charge of keeping and storing the church peyote. Durant is a convicted felon who has had several brushes with Ventura County authorities, including being arrested in a homicide. Outside the courtroom, Durant said the reason he is being prosecuted is because former District Attorney Michael Bradbury and police are after him because he beat a murder charge. Durant and another man were acquitted of murder
charges. Durant was acquitted of killing a Los Angeles cabdriver near Simi Valley in 1978. The trial was held in Los Angeles. Durant also says he is being discriminated against because of his religious beliefs. In 1996, Durant was arrested in Ventura County for possessing 250 pounds of peyote plants that were discovered after a traffic stop. However, criminal charges against him were dropped and the peyote was given to the American Indian spiritual leader of the church and Durant's brother Kenneth Little Fish Durant. Prosecutors determined that it was being used for religious purposes, according to prosecutor Ron Carpenter. Kenneth Durant testified about the history of the church and how peyote is used as a sacrament and medicine for different ceremonies, such as healings, birthdays, marriages and baptisms. "When all the facts are in, Mr. Skyhorse Durant will be completely exonerated," Figueroa said after the hearing. Carpenter declined to
comment after the hearing. Earlier, former Ventura Police Department Officer Dan Swanson testified that he answered a call that a suspicious vehicle was parked near the corner of Trinity and Channel drives on Nov. 9, 2004. Swanson, who now works at the Simi Valley Police Department, said Durant was wanted on a DUI charge that happened in 2003. He said he smelled marijuana coming from the vehicle. A search turned up the peyote, marijuana and a pain-killing drug. Durant is being tried as a felon because of an armed robbery conviction. Durant and Richard Mohawk were convicted in 1994 in a Los Angeles federal court of a bank robbery in which a customer was shot and injured. Durant was sentenced to eight years, and Mohawk received a 20-year sentence.
<http://www.venturacountystar.com/vcs/county_news/article/0%2C1375%2CVCS_226_5009844%2C00.html>
Material appearing here is distributed without profit or monitory gain to those who have expressed an interest in receiving the material for research and educational purposes. This is in accordance with Title 17 U. S. C. section 107.
www4.law.cornell.edu/uscode/17/107.html
A judge denied a motion to suppress evidence � peyote and marijuana � seized nearly two years ago inside the van belonging to Paul Skyhorse Durant, who is an American Indian. Durant, 61, is charged with five counts of drug and drug-related charges that could send him to prison for more than a decade, according to his lawyer, Omar Figueroa.
Durant is charged with five felonies: possession and transportation of peyote; possession and transportation of marijuana and possession of a controlled substance.
Durant said the peyote, which was less than 4 ounces, is used for the religious ceremonies of the Native American Church. He said the marijuana, also less than 4 ounces, is for medicinal purposes. Ventura County Superior Court Judge Glen Reiser heard testimony on whether to dismiss the criminal charges against Durant. The judge continued the hearing until Oct. 4. Durant is an elder and religious leader of the Native American Church. He said he has a legal right to keep peyote and transport it as a church member and its spiritual "road man," in charge of keeping and storing the church peyote. Durant is a convicted felon who has had several brushes with Ventura County authorities, including being arrested in a homicide. Outside the courtroom, Durant said the reason he is being prosecuted is because former District Attorney Michael Bradbury and police are after him because he beat a murder charge. Durant and another man were acquitted of murder
charges. Durant was acquitted of killing a Los Angeles cabdriver near Simi Valley in 1978. The trial was held in Los Angeles. Durant also says he is being discriminated against because of his religious beliefs. In 1996, Durant was arrested in Ventura County for possessing 250 pounds of peyote plants that were discovered after a traffic stop. However, criminal charges against him were dropped and the peyote was given to the American Indian spiritual leader of the church and Durant's brother Kenneth Little Fish Durant. Prosecutors determined that it was being used for religious purposes, according to prosecutor Ron Carpenter. Kenneth Durant testified about the history of the church and how peyote is used as a sacrament and medicine for different ceremonies, such as healings, birthdays, marriages and baptisms. "When all the facts are in, Mr. Skyhorse Durant will be completely exonerated," Figueroa said after the hearing. Carpenter declined to
comment after the hearing. Earlier, former Ventura Police Department Officer Dan Swanson testified that he answered a call that a suspicious vehicle was parked near the corner of Trinity and Channel drives on Nov. 9, 2004. Swanson, who now works at the Simi Valley Police Department, said Durant was wanted on a DUI charge that happened in 2003. He said he smelled marijuana coming from the vehicle. A search turned up the peyote, marijuana and a pain-killing drug. Durant is being tried as a felon because of an armed robbery conviction. Durant and Richard Mohawk were convicted in 1994 in a Los Angeles federal court of a bank robbery in which a customer was shot and injured. Durant was sentenced to eight years, and Mohawk received a 20-year sentence.
<http://www.venturacountystar.com/vcs/county_news/article/0%2C1375%2CVCS_226_5009844%2C00.html>
Material appearing here is distributed without profit or monitory gain to those who have expressed an interest in receiving the material for research and educational purposes. This is in accordance with Title 17 U. S. C. section 107.
www4.law.cornell.edu/uscode/17/107.html