Court Dismisses One Count, One Count Remains for Trial

MARSHALL, Minn. - Jan. 22, 2015 - PRLog -- On January 21, 2015, the Honorable Judge Thomas Von Hon issued a ruling on the motion filed by Michael R. Hughes of Hughes Law in the Angela Brown case. The Court dismissed Count 1 in the complaint, holding that there was not probable cause to believe Ms. Brown committed child endangerment by "selling" a controlled substance to her child. However, the Court denied the defense motion to dismiss Count 2 and ruled that there was probable cause to proceed to trial. That charge requires the government to prove that Ms. Brown committed an act that endangered her son. Because the government continues to argue that administering CBD rich cannabis oil to Ms. Brown's son was "dangerous" there is a "material fact" in dispute.

It will be up to a jury to decide if the government proves beyond a reasonable doubt that Mrs. Brown's actions constituted child endangerment. However, Mrs. Brown, if she is to have a full and complete defense in this matter, must now secure several medical experts to testify at the trial. Medical Experts are very expensive, especially if they have to travel to western Minnesota to testify. The Brown's already have extensive and outstanding medical bills related to treatments from their son's injury. They now are forced to endure a costly trial in order for Mrs. Brown to be exonerated. This also means several more months of stress and frustration thrust upon a family that is already struggling with a child that has a traumatic brain injury. After reading the decision, Mr. Hughes replied:

"l am very thankful that the Judge agreed with us regarding Count 1. Clearly, this was not child endangerment based on a controlled substance crime. We understand the Court's rational for not dismissing Count 2. As long as the County Attorney maintains their position that treating a 15 year old with cannabis oil is in and of itself 'dangerous', then that is a factual dispute that only a jury can resolve. The Minnesota state legislature and a majority of other state legislatures believe that treating children who are suffering from certain diseases or injuries with cannabis is not only safe, but effective. We agree, which is why we will continue to fight these charges. "

Any inquiries about the case can be made through Hughes Law:

http://www.mrhugheslaw.com/
Phone: (541) 408-9884
1133 NW Wall Street, Suite 202
Bend, OR 97701