Alden Hearing Postponed

By Bob Lange

SF Feb 12--Kevin Alden’s hearing in the 9th Federal Appellate Court was postponed Monday (2/9/04) so that Kevin Cooper’s execution could be postponed. Kevin’s public defender, Karen Landau, offered arguments challenging Congress’ jurisdiction over this case and the applicability of the Commerce Clause. Though the Raiche (Raich-v-Ashcroft.com) case was brought up, because of its relatively limited scope it isn’t applicable especially if transactions occur. Similar to other hearings late last fall the argument rests on constitutional limitations placed on Congress. Specifically, their jurisdiction is limited to interstate commercial activity. The heart of the defense is whether being recouped for costs of supplying a marijuana dispensary can be construed as effecting interstate commerce of marijuana using standards set in the Morrison case.

Kevin was arrested twice, both times for large grows on his property. The first arrest resulted in placing him on probation. The second time in court he was sentenced and is currently serving time in a Federal prison in Oregon. One of the three presiding judges pointed out that the Raich case was up for revue by the full panel and that if it was overturned that Kevin’s defense would be moot. Surprisingly, when asked if she would mind waiting for the results of the full panel, before proceeding with Kevin’s case, she had no objections. These decisions sometimes take many, many months. I feel that if it was she that was sick and incarcerated I bet she would have been a little less complacent with this delay.