MONROE - Felony charges are sticking against a rural Monticello man for growing pot in his garden, despite his lawyer's suggestion that the harvest was for his client's personal use and not sold.
George W. Norton, 58, sat mute on the charges, after a tense preliminary hearing in Green County Circuit Court Wednesday, Nov. 28. The court entered pleas of not guilty on his behalf.
An undercover drug agent and deputy with the Green County Sheriff's Department testified to digging up 10 plants from Norton's garden and another plant at the side of the house at W7103 County C in September. He and his fellow agents also found more marijuana in the garage, drying in a shed and processed and ready for consumption in the living room, he said.
"There were 12 total plants that we had to hang and dry," the agent said. "There were a few that were six, seven feet tall and almost that big around. They were the biggest plants I've ever seen."
The seized marijuana once dried tipped the scales at 9,988 grams, or more than 22 pounds, he said. The agent estimated the street value at about $3,000 per pound, with the largest plants yielding close to two pounds of processed pot.
Norton's attorney, Robert Duxstad, dismissed the weight of the seized plants as inflated and "largely stalks." He questioned whether all the dirt had been washed off the plants' root balls when they were weighed.
A good portion of the hour-plus hearing centered around the usability of a marijuana plant's roots and stalk, in fact. The agent countered that they can be compressed into hash.
The back-and-forth between the two men got heated.
Duxstad grilled the agent on his techniques and the precision of his descriptions, raised his voice in exasperation and at one point lamented that getting a straight answer was "like pulling teeth."
Duxstad characterized the marijuana grown in the garden as just another crop next to rutabagas, corn and sunflowers, all intended for personal use.
"There were rows of a lot of different vegetables in that garden," he said.
The agent contended that at least some of the vegetables were simply there to conceal the marijuana plants from sight.
Under Duxstad's questioning, the agent admitted to finding no hard evidence of a drug-dealing operation at Norton's residence, such as "customer lists," scales or large amounts of cash.
Still, the agent said he still had good reason to believe Norton was involved in a drug-dealing operation. An on-going investigation started this summer that led to federal drug charges against another Monticello man and an Argyle man led authorities to Norton.
"(Norton) was named in the investigation by informants," the agent said.
The other men, Kelvin W. Johnson, 52, and Steven G. Nelson, 60, are scheduled for a jury trial in February.
Judge Thomas Vale ultimately ruled Wednesday that however Norton's garden is characterized, the evidence presented is still plausible enough to move the case forward on the basis that he was in the possession of a "large volume" of marijuana.
Norton's next court date, a pre-trial conference, is scheduled Jan. 22.
George W. Norton, 58, sat mute on the charges, after a tense preliminary hearing in Green County Circuit Court Wednesday, Nov. 28. The court entered pleas of not guilty on his behalf.
An undercover drug agent and deputy with the Green County Sheriff's Department testified to digging up 10 plants from Norton's garden and another plant at the side of the house at W7103 County C in September. He and his fellow agents also found more marijuana in the garage, drying in a shed and processed and ready for consumption in the living room, he said.
"There were 12 total plants that we had to hang and dry," the agent said. "There were a few that were six, seven feet tall and almost that big around. They were the biggest plants I've ever seen."
The seized marijuana once dried tipped the scales at 9,988 grams, or more than 22 pounds, he said. The agent estimated the street value at about $3,000 per pound, with the largest plants yielding close to two pounds of processed pot.
Norton's attorney, Robert Duxstad, dismissed the weight of the seized plants as inflated and "largely stalks." He questioned whether all the dirt had been washed off the plants' root balls when they were weighed.
A good portion of the hour-plus hearing centered around the usability of a marijuana plant's roots and stalk, in fact. The agent countered that they can be compressed into hash.
The back-and-forth between the two men got heated.
Duxstad grilled the agent on his techniques and the precision of his descriptions, raised his voice in exasperation and at one point lamented that getting a straight answer was "like pulling teeth."
Duxstad characterized the marijuana grown in the garden as just another crop next to rutabagas, corn and sunflowers, all intended for personal use.
"There were rows of a lot of different vegetables in that garden," he said.
The agent contended that at least some of the vegetables were simply there to conceal the marijuana plants from sight.
Under Duxstad's questioning, the agent admitted to finding no hard evidence of a drug-dealing operation at Norton's residence, such as "customer lists," scales or large amounts of cash.
Still, the agent said he still had good reason to believe Norton was involved in a drug-dealing operation. An on-going investigation started this summer that led to federal drug charges against another Monticello man and an Argyle man led authorities to Norton.
"(Norton) was named in the investigation by informants," the agent said.
The other men, Kelvin W. Johnson, 52, and Steven G. Nelson, 60, are scheduled for a jury trial in February.
Judge Thomas Vale ultimately ruled Wednesday that however Norton's garden is characterized, the evidence presented is still plausible enough to move the case forward on the basis that he was in the possession of a "large volume" of marijuana.
Norton's next court date, a pre-trial conference, is scheduled Jan. 22.