Michigan Medical Marijuana Caregiver’s Conviction Upheld in Appeals Court

A Michigan appeals panel upheld a lower court’s conviction of 47-year-old medical marijuana caregiver Alenna Marie Rocafort. In September of 2012, police raided a house next to Rocafort’s Kentwood home that she was using for her medical marijuana caregiver operation and seized 5.6 pounds of marijuana. The amount of marijuana seized, the courts found, exceeded the amount of usable marijuana she was legally allowed to possess for her medical marijuana patients. Rocafort argued that the marijuana was not usable because it was in the drying process, but the courts disagreed, even though she intended to use the dried plants to make hash oil.

Michigan state law allows caregivers the right to grow and possess up to 2.5 ounces of usable marijuana per patient, according to court documents. No one disputes that Rocafort was a registered caregiver under the Michigan Medical Marihuana Act, but the defendant would have only been permitted to have 15 ounces of usable marijuana total for herself and five patients.

“There is no dispute that defendant was a caregiver under the (Michigan Medical Marihuana Act) and that she was registered to provide marijuana to five patients,” the appeals panel said. “The trial court stated that the sole issue with regard to defendant’s motion (to dismiss) was the fact that she had 5.6 pounds of harvested marijuana, which, if that marijuana were usable, exceeded the amount of usable marijuana defendant was allowed to have…”

Christopher Conrad, who Mlive says is an expert in cannabis cultivation, testified that marijuana generally takes a week to 10 days to dry after it has been harvested. Conrad is described as a court-qualified expert. Rocafort’s marijuana had been drying for only four days at the time the dried plants were confiscated by the police in a raid. At her first trial, the judge found that “the medical marijuana law could not refer to completely dried marijuana because dried marijuana contains about 10 percent moisture,” Mlive wrote.

Justices Jane Markey and William Murphy wrote that even though it was only drying for four days, it was “largely dried” and therefore, the lower court did not “clearly err” when it found that the marijuana that was four-days dried should be declared legally usable.

One voice of dissent was heard among the appeals judges; Judge Cynthia Stephens wrote that she disagreed with the majority’s conclusion. Stephens says that the marijuana was not definitively usable at the time of the raid.

“I would conclude that the marijuana that was in the ‘drying process’ or that which was ‘pretty dry’ or ‘dry enough’ or ‘largely dried’ did not constitute usable marihuana within the meaning of the statute and was therefore, insufficient evidence upon which to convict defendant,” Stephens wrote in her dissent statement, indicating that Michigan lawmakers have actually differentiated between marijuana and usable marijuana. “Notably, usable marihuana does not include ‘all parts of the plant… growing or not’ or ‘every… preparation of the plant or its seeds or resin.”

The case raid occurred at an unoccupied house in Kentwood, Michigan, where Rocafort grew the medical marijuana plants. Rocafort was both a registered patient and a registered caregiver under MMMA. The police had discovered 34 marijuana plants. The defense witness said he did not believe that the marijuana was adequately dried to be considered usable marijuana under the law. The medical marijuana case, according to WZZM News, ultimately hinged on how long it takes for marijuana to actually dry before it could be considered usable. The Kent county judge allowed the case to proceed, and Rocafort was found guilty by a jury over a year later of manufacturing marijuana and maintaining a drug house.

According to the THC Network in Colorado, “there is no ‘one size fits all’ time frame for how long it takes marijuana to dry.” Reportedly, a number of factors determine the drying rate of harvested marijuana. When arguing in defense of the defendant from Michigan on its website, the network listed the factors.

“There are a number of factors that determine the drying rate of a harvest of marijuana. For starters, how big are the buds? Bigger buds take longer to dry. Were the buds cut from the plant and then dried, or was the plant chopped down and hung upside down? The later takes much longer to dry. What was the temperature of the room the marijuana was being dried in? What was the humidity level? How much air was being blown around by the fans? Were there even fans? There’s a lot of factors at play, so to say that one standard applies across the board is a claim that is not based in science, and in the case of Ms. Rocafort, it’s also not based on compassion.”

Another Inquisitr report featured an earlier story of confusion over the Michigan marijuana law. Sergeant Timothy Bernhardt served in his department with the Kent County Corrections for 22 years. He believed that the Michigan Medical Marihuana Act protected a joint medical marijuana business he shared with others. They believed that the law protected the possession and use of medical marijuana butter for caregivers, after a Michigan Court of Appeals ruled that marijuana butter was not considered medical marijuana, Sergeant Bernhardt committed suicide.

via Inquisitr

Defense attorneys seek fed inquiry of MSP crime labs

Southfield — Three defense attorneys are asking the federal government to investigate the Michigan State Police crime laboratories, alleging misconduct in their testing for pending drug cases.

Southfield defense attorneys Neil Rockind and Michael Komorn, along with Michael Nichols of East Lansing, want the National Institute of Justice and the institute’s Office of Investigative and Forensic Sciences to look into their claims that the State Police lab has — on advice of the Prosecuting Attorneys Association of Michigan — compromised results in marijuana cases.

According to Rockind, defense attorneys have obtained emails sent between lab officials and the association that allegedly show the labs were influenced by PAAM in its reporting of the testing of suspected marijuana in criminal cases and the origin of THC, the active component that produces the “high” obtained by the user.

“This involves how test results can show whether substances are synthetic, such as in designer drugs or from plant material,” Rockind said. “If synthetic, it can result in felony offenses punishable by up to seven years in prison rather than the more common misdemeanor offense or a crime in which medical marijuana card holders can advance a medical defense.”

State Police and the prosecutors association deny the attorneys’ allegations.

MSP crime labs received more than $236,000 this year in federal funding through the Paul Coverdell Forensic Science Improvement Grant Program. The grants are monitored by two federal agencies, Rockind said.

According to Rockind’s complaint, dated Tuesday, the emails reveal a “co-dependence between the Crime Lab and the prosecuting attorneys association that is the antithesis of an independent, objective and science focused forensic crime laboratory.”

“The problem is the interference by the prosecuting attorneys association with the reporting of scientific results,” Rockind wrote the agencies. “It reflects a culture that the Crime Lab and its analysts are not scientists reporting forensic analyses dispassionately in court through testimony. Instead, it reflects a systematic top-down management of the reporting by (PAAM) through the MSP laboratory supervisors.”

Rockind also wrote that the MSP crime labs have violated guidelines of the American Society of Crime Laboratory Directors/Laboratory Accreditation Board, which has accredited the lab.

Accredited labs nationally follow guidelines that include being impartial and objective, approaching all testing with an open mind and without bias, the complaint states.

Quoting the accrediting agency’s guidelines, Rockind wrote, labs must “conduct complete and unbiased examinations. Conclusions are based on the evidence and referenced material relevant to the evidence, not extraneous information, political pressure, or other outside influences.”

“The involvement and participation of the prosecuting attorney in the operation and conduct of the Crime Lab violates these guidelines,” Rockind wrote.

Rockind said he has not filed a lawsuit in the matter but only seeks to have supervisory officials review the situation, identify problems, if any, and determine corrective action.

Gerry LaPorte, a director of the two federal agencies both based in Washington, D.C., could not be reached for comment Wednesday.

Shanon Banner, a spokeswoman for the Michigan State Police, said, “The allegations of this group of defense attorneys are without merit.”

Banner said in 2013, the State Police Forensic Science Division changed its policy regarding how marijuana and THC are reported “in an effort to standardize reporting practices among our laboratories and to ensure laboratory reports only include findings that can be proved scientifically.”

Banner said that with an increase of synthetic drugs being sent to labs, “it became necessary to ensure reporting standards were in place across all labs.”

Lab workers were involved in discussions and proposed changes, she said, which included using the phrase “origin unknown” for samples where the source of the THC could not be scientifically proven to originate from plant-based material.

“It does not mean the sample is synthetic THC,” Banner stressed. “It only means the lab did not determine the origin, and the source of the THC should not be assumed from the lab results.”

“The allegation that politics or influence from any outside entity played a role in this policy change is wholly untrue,” Banner said. “Further, the MSP rejects the allegation that an internal policy change to ensure standardization regarding how test results are reported rises to the level of negligence or misconduct.”

PAAM president Mike Wendling issued a response Wednesday that said, in part, “defense attorneys have alleged that the PAAM directed the Michigan State Police Forensic Science Division to change their reporting procedures relating to THC in an effort to increase potential charges. These allegations are false.”

Wendling said the allegations are based on two emails in which Ken Stecker, a staff attorney, opined that “THC is a Schedule I drug, regardless of where it comes from.

“At no time, in either email, did Mr. Stecker direct MSP Forensic Science personnel on how to conduct tests or how to report their findings.

“When the MSP Forensic Science Division tests a substance that shows the presence of THC, the measurement of that THC is reported,” Wendling wrote. “If plant material is not detected to be present, they cannot determine if the THC is a synthetically created resin or created out of plant material.”

Wendling stressed that the crime labs set their own protocols for reporting scientific findings and described Stecker as a “highly regarded and highly requested statewide and national presenter on the issues of traffic safety and drug use.”

via The Detroit News

When Marijuana Forensic Science Becomes A Puppet For Police

Formal complaints have been filed in federal court against the Michigan State Police Crime Laboratory by criminal defense attorneys who want an independent investigation into the lab’s practices and policies. A series of emails, revealed by FOIA request, illuminate the lab’s “abhorrent and illegal” compromise of scientific method to alter test results from marijuana products in a way that favors prosecutors- changes that were initiated by state drug task forces and the Prosecuting Attorneys Association of Michigan.

“Our formal letter of complaint is intended to launch a serious and objective review of practices of the Crime Lab by the National Institute of Justice,” said Neil Rockind of Southfield, Michigan’s Rockind Law in a press release jointly issued with Michael Komorn of Southfield’s Komorn Law.

The letter was filed with the Director of the National Institute of Justice, Office of Investigative and Forensic Sciences in Washington, D.C. It specifically cites “negligence and incompetence resulting in Crime Lab findings, integrity and reliability that are in serious doubt,” the press release revealed.

Attorney Michael Nichols of the Nichols Law Firm from East Lansing, Michigan, also filed a letter of complaintwith the same agency on the same day, December 22.

“Under Michigan law, all marijuana plant-based cannabinoids and the flowers, oils and edibles containing them are controlled as “marihuana” and the possession of these is a Schedule 1 misdemeanor,” Komorn wrote in a special to The Compassion Chronicles. “Only the possession of synthetic, laboratory manufactured cannabinoids is a Schedule 1 felony.”

Synthetic cannabinoids were made illegal in Michigan in 2013 by the state legislature in response to the rise of products like bath salts and Spice/K2, drugs that induced wild and sometimes fatal side effects in users. Those laboratory substances are not included in nor were they ever part of the Michigan Medical Marihuana Act (MMMA). Despite the illegality of the possession of plant-based edibles and oils under an Appellate Court interpretation of the MMMA, those medicines are regularly used by the 180,000 patients and caregivers registered in the medical program.

“What recently uncovered emails reveal is that the AG’s office, the prosecutor’s union, and the drug task forces pressured the lab to report marijuana edibles as a Schedule 1 synthetic felony THC,” Komorn said. “Mr. Ken Stecker of PAAM and the AG’s office prompted the change… pressure also came from the drug task forces so as to better establish probable cause to arrest marijuana patients and forfeit their assets.”

Asset forfeiture by police agencies in Michigan has become such a problem that the state legislature passed a sizable bill package of reforms, which were signed into law by the Governor in 2015. Komorn says 40% of the Crime Lab work is devoted to marijuana testing; marijuana cases turn up forfeiture dollars more frequently than methamphetamine, heroin or other drug cases.

The lab-related emails reveal there was broad opposition among lab scientists and administrators to the new reporting standard, and one employee quit his job at the lab in protest. In one email, Forensic Science Division Controlled Substance Unit Supervisor Bradley Choate said, “For the laboratory to contribute to this possible miscarriage of justice would be a huge black eye for the division and the department.”

Komorn filed a Civil Rights Complaint with the US Department of Justice against two of the Crime Lab’s Directors on December 11 on behalf of his client, Max Lorincz, alleging continued violations of rights in lab actions dating from 2013.

“There is nothing worse in a forensic scientist than ‘confirmation bias,’” said MSP Crime Lab Director Gregoire Michaud, during a presentation to a Criminal Advocacy Program, as quoted by Komorn. Michaud is one of the Crime Lab officials named in the civil rights complaint.

Rockind notes that the collusion between scientists and prosecutors “is antithetical to independent and objective forensic reporting.”

In a recent interview, Komorn said, “The idea that the police and the lab and the prosecutors are all intertwined and they are one side of the team versus the defendant is inherently a conflict.”

Nichols wrote in his letter: “The problem is the interference of the prosecuting attorneys association with the reporting of scientific results. It reflects a culture that the lab and its analysts are not scientists reporting forensic analyses dispassionately in court through testimony.”

Both the Komorn/Rockind and Nichols complaints cite other issues with the Crime Lab, including under-reporting of the uncertainty factor of blood alcohol testing.

Federal action became necessary when defense attorneys discovered that the entity registered with the National Institute of Justice to oversee allegations of negligence or misconduct at the State Police Crime Lab is the State Police themselves. As documented by Fox 17 in Lansing, the Internal Investigations unit at the MSP saw no problem with the activities at their sister agency.

Specifically, Fox 17 quotes the MSP representative as saying, “An internal policy change does not constitute misconduct or negligence.  Therefore, no investigation is underwaythe MSP does not consider your reports on a debate among colleagues prior to an internal policy decision to rise to the level of an allegation of misconduct.”

Despite their denials to media about their concerns over the crime Lab story, internal emails from the MSP itself reveal a great deal of discussion on the issue and media coverage of it. Attorney Nichols used FOIA to reveal a 159-page email chain regarding the prosecutors/lab scandal and the fallout from it- initiated by the same MSP Public Relations representative that claimed they had no interest in the issue.

Rockind and Komorn are not filing a federal lawsuit at this time, per the press release. The National Institute of Justice has not yet responded to the formal complaint.

The Michigan lesson is one activists and attorneys from other states should note. Monitoring the procedures and relationships formed at and by each state’s forensic services is crucial to ensuring the integrity of the judicial process.

via The Weed Blog

Two witnesses still must testify in exam for man charged in trooper’s traffic death

Two of seven witnesses are still set to testify in a preliminary exam for the man charged in the late-August death of Michigan State Trooper Chad Wolf following a lengthy hearing revealing more about the case.

Clarkston District Judge Kelley Kostin listened to a full day of testimony on Wednesday, Jan. 13, in the case against Charles Warren Jr., of Waterford Township, who is charged with reckless driving and failure to stop at the scene of a fatal accident tied to Wolf’s Aug. 28 death. Wolf was on duty when he and Warren collided.

Among the witnesses were a Michigan State Police trooper; an Oakland County Sheriff’s deputy; a nurse anesthetist on her way to work who witnessed Warren driving on the highway with sparks flying from his trailer; a bystander at the rest stop where Wolf’s body was found and a State Police special investigator.

Kostin also mentioned before the hearing began that she attended Wolf’s funeral as a representative of the court, but that she has no bias in the case. Neither Warren’s attorney, Neil Rockind, or Assistant Oakland County Prosecutor David Hutson took issue.

‘EERIE FEELING’

Eshelle Lillard, one of the first people to discover Wolf’s body at a rest stop off of northbound I-75, said she had an “eerie feeling” when she noticed Wolf’s boots, a uniform that “looked like a fireman’s uniform” and a body lying face down in the grass of the rest area.

Lillard, who initially saw Warren’s vehicle pull into the rest area with sparks flying behind it, said she initially saw something under the trailer Warren was hauling that looked like a trash bag.

When she finally realized it was a body, she said she saw Warren not far away near his car, “trying to get something off his trailer. … I felt alarmed, because I saw this body, then this man near the car. It was odd.”

Sometime after 6:30 a.m. Aug. 28, Lillard and her husband ultimately dialed 911, which helped set the investigation into the trooper’s death in motion.

Authorities say Warren was hauling an empty trailer on Dixie Highway near I-75 in Springfield Township when he collided with Wolf, who was on a motorcycle. Wolf was dragged nearly four miles northbound on the highway at speeds of up to 65 mph, according to a state police investigation, and later died in the hospital from his injuries.

Throughout the hearing, one of the major elements in question was whether Warren had known he actually hit a person.

Twana Powell, a former lieutenant for the Michigan State Police Metro Post who testified Wednesday, conducted a subsequent interview of Warren, and said she believed that Warren didn’t initially know he had hit anyone and that he fully cooperated with all police searches and questions.

During the interview, “(Warren) is trying to piece together what he has subsequently learned. When he saw what was happening, he was trying to fill in the blanks,” Powell said. “(I) didn’t think he was trying to hide anything.”

But Hutson also brought up a portion of the interview in which Warren was by himself after talking to his daughter.

“During the interview, did (Warren) talk to himself, indicating ‘If I did, do you think I’m going to tell you,’ and ‘I trust no one and I don’t know why?’” Hutson asked. “So while he may be cooperative, he does indicate he trusts no one?”

Powell agreed that Warren said those statements.

MORE DETAILS OF ACCIDENT AFTERMATH

Specific details about the minutes leading up to when Wolf was found after being hit and dragged on the expressway also came to light during the exam.

While each witness showed emotion and sorrow during testimony, Kathleen O’Shea, the nurse anesthetist for Genisys Regional Medical Center in Grand Blanc, testified that she tried to get Warren’s attention while on the highway and seeing the sparks, which she said were three to four feet high at one point.

“I said, “Oh my God, what is he dragging,’” said O’Shea. “I got up next to him and flashed my lights, and pointed down and said, “Fire, fire.’”

O’Shea said during testimony that she was fearful for Warren’s life due to the sparks, and that she was afraid the car hauling the trailer might explode.

Rockind recounted that O’Shea said she drove next to Warren to try to get his attention, and that if she was concerned Warren’s vehicle would explode, asked whether her actions could suggest that danger isn’t what she was thinking of at the time.

“I was ahead of him and fearful for him. I was trying to help him,” said O’Shea.

Later, O’Shea said that when she learned why sparks were flying from Warren’s trailer she felt “as though I wish I would’ve seen something that would’ve made me pull him over. I felt very sad that I missed it.”

Oakland County Sheriff’s deputy Brent Hummel, who works at the Springfield Township Sheriff’s substation, was one of the first responders who found Wolf’s Michigan State Police BMW motorcycle on its side following the accident. He said he noticed the motorcycle — with no one near it — on the shoulder of Dixie Highway near the entrance ramp after fueling his patrol car at a nearby BP gas station.

Both the prosecution and defense had Hummel explain the chain of events in great detail, in which Hummel said he found Wolf’s radio in the grass near the entrance ramp.

State Police Trooper Phillip Parker, who works at the State Police Groveland Township post, was one of the first responders to find Wolf’s body at the rest stop about four miles north of where Wolf was hit.

Parker said he felt “fear, terror … fear of the unknown” during the situation. He spotted Wolf’s kevlar suit at the rest stop with three silver stripes on it, checked Wolf’s vitals and saw that they were fading. That was when an ambulance arrived and rushed Wolf to the hospital.

Rockind questioned Parker about whether it was safe to pull over on the side of the highway, citing Warren’s defective trailer — possibly due to striking the trooper. He mentioned that six fatal accidents occurred in 2015 where people when people pulled over on the side of an expressway were hit.

But Hutson, during a cross-examination, asked Parker if it’s safer to slow down, or to even stop if someone has defective equipment. Parker said slowing down and stopping was safer.

Wolf was a married father of four who had been with the state police since 2008. He was a member of the Michigan State Police Motor Unit and also a youth pastor at Great Lakes Baptist Church in Holly. His death and its horrific circumstances devastated many, and it brought an outpouring of support, including a GoFundMe campaign that raised more than $185,000 and Oakland County employees raising $7,000 to help.

Michigan Secretary of State driving records indicate Warren had 12 brushed with police for his driving between 2007 and 2014. That included a suspended and restricted license from September 2008 until March 2010, with a restriction that Warren could drive to and from work being granted in 2009.

Warren has been free on bond from jail since his arraignment in Clarkston’s 52-2 District Court, but is required to stay at home and wear a GPS tether. Four members of Warren’s family, along with several others, attended the hearing.

The preliminary exam will be continued at 8:30 a.m. on Feb. 24, when two additional witnesses will testify.

via The Oakland Press

Driver didn’t seem to notice dragged cop, witness says

Clarkston — A woman who witnessed the aftermath of a fatal dragging of a Michigan State trooper in August testified Wednesday the man facing charges in the death seemed more concerned in repairing his trailer than the body visibly wedged beneath it.

Eshelle Lillard testified at the preliminary examination for Charles R. Warren Jr. that she and her family were headed to Traverse City to take her oldest son to college about 6:30 a.m. when a Volkswagen Jetta pulling a utility trailer broke the early morning quiet at the Springfield Township rest area along northbound Interstate 75.

“It was making a clacking sound and I saw these sparks coming from behind,” Lillard testified. “I smelled something like burnt rubber.”

Authorities say the car was driven by Warren, 69, who is charged with reckless driving resulting in death and leaving the scene of an injury accident in the death of Trooper Chad Wolf. The charges are both felonies that carry up to 15 years in prison.

Lillard initially thought the vehicle, which passed a few feet from her own, might have a flat tire. As the family drove past she learned it was something more.

“It looked like a large trash bag underneath the trailer but my husband said, ‘That wasn’t trash. That was a body.’ ”

Lillard could see a body lying face down, some of the clothing pulled up exposing skin.

“I saw reflectors on sleeves and around the feet, maybe on boots,” she said. “ … It was strange, eerie. We saw the body and the man (Warren) was fooling around in the trailer with something, but didn’t seem to notice the body and seemed fixated at getting something off the trailer,” she said, wiping away tears with a tissue. “He stared at us … I called 911.”

Police arrived soon after and Warren was taken into custody at the rest area. He told Michigan State Police Lt. Tawana Powell he was headed up north to help a friend close on some property and was driving off Dixie Highway onto I-75 when he said he “hit a very large bump.”

“He said it was loud and seemed large,” Powell testified. “His trailer started pulling to the left and he saw sparks coming off the left side. He thought it might be potholes and it was causing a drag on the trailer. He believed he had a flat and was riding on the rim and when he saw the rest area, he pulled over.”

Investigators said the 36-year-old Wolf, who was married and father of four children, was dragged four miles until Warren pulled into the rest area and tried to change the tire and “police converged on him,” Powell testified. The tire was shredded, the wheel was bent, and then there was Wolf, who was rushed to a hospital where he was later pronounced dead.

In Powell’s interview with Warren, she said he seemed to have difficulty understanding what happened.

“Did I drag the guy?” she testified Warren asked her. “He seemed to be trying to play back in his mind what occurred.

“He said it was very dark and asked if it was a motorcycle.”

In cross examination by defense attorney Neil Rockind, Powell read from a statement in which Warren said “I’m trying to put two and two together and can’t believe it.’ ”

Warren remains free on bond but tethered and under house arrest pending continuation of the examination before Judge Kelley Kostin on Feb. 24.

via Detroit News

Hearing set today in terrorism threat case

The attorney representing a former Howell High School student accused of making a terrorism threat on Twitter says his client has “suffered his whole life.”

Southfield defense attorney Neil Rockind will appear with his client, Scott Richard Parker, this afternoon in Livingston County District Court for a conference, which had initially been set for Wednesday. He declined to comment Thursday on the nature of his request.

It is expected, however, that Rockind will seek a mental evaluation for his client, who is charged with four counts of making a threat of terrorism for tweeting a comment about “killing kids” on Twitter. The statement was tagged with Howell Public Schools’ @HowellMISchools, posting it to their Twitter feed.

“What I can tell you is things have happened to Scott that I wouldn’t wish on my worst enemy,” Rockind said. “He has suffered his whole life: The victim of a botched birth procedure, suffering limited emotional and psychological functioning, and as he got older, even worse things happened to him.

“While the phrase ‘diminished capacity’ has been watered down, it is perfectly appropriate for Scott.  Despite his age, Scott is a child,” the attorney added. “He has the developmental level of a child, along with a child’s IQ.  There is no place in the penal or legal system for him. I have long believed that the legal system protects people like Scott and have every expectation that it will do so again in this case.”’

Livingston County Prosecutor William Vailliencourt said at the arraignment that he would discuss the next step, which could include a psychiatry evaluation, with Parker’s attorney once hired.

Rockind said the defense understands the serious nature of the threat, but Parker “posed no threat of harm to anyone” and he believes others will see that as the case unfolds.

Parker, who is being held on a $750,000 bond, faces up to 20 years in prison if he is convicted as charged.

Authorities have not disclosed the full content of the tweet or what prompted it, but the prosecutor did say at Parker’s arraignment that the tweet involved four Howell-area schools.

The schools were not identified in open court, but the felony complaint filed by the prosecutor’s office lists administrators from Howell High School and the Howell High School Freshman Campus as well as Southwest Elementary School.

Parker’s mother, Denise Canelopoulos, has said her son has the mental capacity of a 6- or 7-year-old child. She said her son could not carry out any alleged threat because he has cerebral palsy, which has caused a deformity to his hand and feet, and he is unable to drive. He also has no access to weapons, she said.

“They got it all wrong. He’s not a terrorist,” Canelopoulos said. “He wouldn’t have followed through with it. … He had no intentions of ever hurting anyone. I don’t think he realized when he wrote whatever he did.”

via Livingston Daily