Medical marijuana cases set for trials

A Dec. 19 trial date was set for Michael Assenberg Friday morning in superior court after he pleaded not guilty to four marijuana charges. Assenberg’s arraignment hearing was one of two court sessions Friday involving marijuana suspects who are expected to present medical marijuana defenses in court.

Two demonstrators in front of the courthouse carried a “No More Drug War” sign.

Before entering his pleas, Assenberg said he would like to ask why he has been charged. He suggested the equal rights provision of the state constitution would allow him the same status as people involved in a medical marijuana farmers market which was conducted in White Center in Seattle last weekend.

After Assenberg presented a written version of his question to the court, Judge David Frazier advised him to put the issue before the court in a formal motion.

Defense Attorney Steve Martonick was appointed to represent Assenberg after the Colfax resident requested appointment of a defense attorney to “shuffle the papers.”

Assenberg pleaded not guilty to two charges of delivery of marijuana, one charge of possession with intent to deliver and one count of manufacturing marijuana.

After the pleas, Martonick told the court they plan to meet with Prosecutor Denis Tracy and could come up with an agreed order to present to the court.

Tyler Markwart, former WSU student from Seattle, received court approval to represent himself in his trial. His trial date was moved from Oct. 12 to Dec. 12 under a court rule which allows more time when a new attorney is appointed to a case. Markwart faces five drug charges.

The court date was set after Judge Frazier spent considerable time advising the defendant of the problems and pitfalls he could encounter by representing himself at trial without knowing the rules of evidence and other court procedures. He pointed out any failures Markwart might make in presenting his case cannot be used as the basis for an appeal in the event a jury decides in favor of the state.

The court also approved Martonick’s notice to withdraw as Markwart’s attorney. Markwart told the court he and the public defender could not agree on how to present the defense.