By Noe Herrera
MODESTO, CA – Stanislaus County Superior Court Judge Linda McFadden appeared to dismiss evidence in a preliminary hearing here last week when the prosecution left out a key part of its evidentiary claim against the mother of Gage James, accused of manufacturing concentrated marijuana with her son.
The judge said, in the confusing preliminary, the prosecution could file against Gage James, because he’s on probation. She suggested the mother’s charges were dismissed. For now.
According to court records, on Nov. 9, 2021, Officer Torres, Officer Summers, and five other officers (complete names unavailable) conducted a probation sweep of James’ home and found a large quantity of marijuana, a butane tank, and Mason jars in James’ main house.
These objects are often used to manufacture concentrated cannabis, the prosecution alleged.
While Gage James was not home, his mother and codefendant was there. James’s children were also present and, according to Officer Summers, “[had] access to [a table that had] a marijuana pipe.”
After obtaining a warrant, Summers returned to collect evidence including “marijuana flower, wax… a byproduct of marijuana which is extracted from the flower.”
Officer Summers testified he found evidence of manufacturing, including a “kitchen pot, two cheese-grate cloth with some byproduct [of marijuana] in it.
“As I spoke with the defendant (the mother), she stated that she placed the marijuana in a mason jar. She placed alcohol in it which would extract the THC off of the flower,” continued Officer Summers.
Officer Summers also searched a black container, and said he found “about 14 to 15 pounds [of marijuana]… a box of butane canisters [which] can extract the THC off of the flower.” He testified that he also found packaging material including “USPS tracking labels and receipts relating to those labels.”
Private Defense Attorney (first name unavailable) Adams asked Officer Summers why he arrested the mother, but Judge McFadden intervened, noting, “I mean she’s already admitted to manufacturing the stuff. We [have taken] more than two and half hours now for the preliminary, it is supposed to take an hour to an hour and a half.”
Adams argued that “the other issue is whether a method of chemical extraction was used.”
According to McElfresh Law, California’s safety codes “make it a felony offense to manufacture [wax or concentrated marijuana] by chemical extraction or chemical synthesis [and] penalties can include extensive prison time, steep fines, and long probationary sentences.”
Judge McFadden laughed, “I am very familiar with the law in manufacturing.”
In redirect questioning, Deputy District Attorney Andrew James Brown asked Officer Summer to clarify that children in the home had access to the pipe and marijuana.
Judge McFadden quickly interjected, “You asked all that already,” and when DDA Brown requested to bring in his next witness, Judge McFadden said, “I don’t really think you need that.”
Judge McFadden said, “Did you forget to put into evidence that one of the terms of [Gage James’] probation conditions was that he was searchable? I think so. I didn’t hear anything about it at all and I don’t even know what he was searchable for.”
Judge McFadden concluded that “the motion to suppress evidence is granted, but they can refile, [James], and they probably will because that’s the only thing he left out. It seems probable that it may have been a good search there. So that’s why I encourage both parties to try and resolve this. I can’t help either side.”
