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Thursday, May 9 Arraignment postponed after interesting court ruling Associated Press |
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OREGON CITY, Ore. -- Prosecutors have filed marijuana possession charges against Portland Trail Blazers guard Damon Stoudamire and his father, but their arraignment was postponed Thursday because of a ruling in an unrelated but similar case.
Stoudamire and his father, Willie, appeared briefly in Clackamas County Circuit Court before Judge John Lowe rescheduled the arraignment hearing for Tuesday.
The Stoudamires did not speak to reporters and their attorneys declined to discuss the case.
But Stephen Houze, the attorney for Damon Stoudamire, said an Oregon Court of Appeals ruling Wednesday in an unrelated case could affect Stoudamire.
In that ruling, the court said a warrantless search of a house with an open door was illegal.
Police were responding to a burglar alarm Feb. 23 at Stoudamire's home in Lake Oswego, a wealthy suburb south of Portland, when they found a door ajar and called for backup. Two officers entered the house and found no one inside, but discovered about a pound of marijuana.
No warrant had been issued, Houze said.
"That's an important enough matter to be considered very carefully," Houze said, noting that prosecutors did not oppose the arraignment delay in order to review the appeals court ruling.
No arrests have been made but District Attorney John Foote on Thursday filed a "district attorney's information," a preliminary court document notifying defendants that prosecutors believe they have enough evidence to proceed with criminal charges.
The document accuses both Stoudamire and his father of marijuana possession, noting that marijuana is a "controlled substance" and possession is a felony.
The district attorney's notice to Damon Stoudamire did not list an amount but the notice to his father listed "150 or more grams of marijuana."
Prosecutors emphasized that it was up to a grand jury to decide whether to indict the Stoudamires.
"They have the presumption of innocence," said Chief Deputy District Attorney Greg Horner.
He called the appeals court ruling in the unrelated case "a bizarre coincidence" but prosecutors also consider it an important factor in determining how to proceed.
"It's still pending before the grand jury but we have some decisions to make," Horner said.
The marijuana found at Stoudamire's home was confiscated but police did not tell Stoudamire about the incident until about two weeks later.
On April 12, Lake Oswego police forwarded their report to the district attorney's office, which sent it to the grand jury to decide whether the evidence warranted charges that could range from felony possession to a simple misdemeanor.
Houze said he believes the appeals court ruling "will have a dramatic impact upon the outcome of the criminal investigation of Damon Stoudamire."
Friends say Stoudamire does not use drugs and that more than a dozen family members and friends have access to the house.
Stoudamire was a basketball star in Oregon at Wilson High School in Portland long before he was named NBA rookie of the year with Toronto in 1996 after averaging 19 points a game. He was traded from the Raptors to Portland in the middle of his third season in 1998.
Stoudamire, who earned $12.4 million this season, was playing well until the drug case became known on April 15. He struggled during the Blazers' first-round playoff series against the Los Angeles Lakers, averaging five points and missing 17 of his 22 shots. |
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