Po’s attorney Ruark says: ‘Sumpter Township is selling drugs’

“Sumpter Township is selling drugs,” said attorney Ronald Reese Ruark, attorney for Nelson Po.
“Sumpter sold 200 pounds of marijuana to Nelson for $40,000. Any way Sumpter spins this, it’s a drug transaction.”
Ruark refers to a Deferred Prosecution Agreement finalized on Nov. 3, 2015 with a cashier’s check from Po for $40,000 made payable to Sumpter Township. The agreement was signed by Sumpter Police Chief James Pierce, township attorney Robert P. Young, Nelson and Clarita Po and the Pos’ attorney Ruark.
In the agreement, the Sumpter Township Police Department agreed to sell Po the 200 pounds of marijuana it seized from him on Sept. 11, 2015 in exchange for $40,000.
The agreement was contingent on Po taking immediate steps to totally cease operating his medical marijuana business at 45205 Harris Road in Sumpter Township by April 15, 2016.
However, based on the language of a search warrant obtained by Sumpter Township Police Department on Aug. 16, 2016, police did not require Po to renew his license with Sumpter and allowed Po to continue operating at 45025 Harris without a license beginning April 16.
The search warrant, submitted to the court as Exhibit B, reads in part, “This location has had its license suspended as of 04-16-16. The Township has agreed to forgo the suspended license with the understanding that Po diligently pursue moving the marijuana grow out of the residential zone into the industrial zone.”
Ruark is due to be in Wayne County Circuit Court on Friday to present the judge with three motions, two exhibits to support his motions, and a brief in support of the motion to suppress evidence in what he calls “the unlawful search of the defendant’s property on Aug. 16.”
In a brief in support of a motion to dismiss the charges on the grounds of “entrapment by estoppel” Ruark requests an evidentiary hearing.
Entrapment by estoppel is an affirmative defense available when a government official has actively misled a defendant into a reasonable belief that his or her charged conduct is legal. United States v. Neville, 82 F.3d 750, 761 (7th Cir. 1996).
Ruark said on Aug. 16 police allegedly seized over 200 marijuana plants.
“When STPD could not persuade Mr. Po to enter into another transaction similar to the Deferred Prosecution Agreement, STPD initiated criminal charges against Mr. Po,” Ruark wrote in his motion to dismiss.
“STPD engaged in an illegal drug transaction with Mr. Po on Nov. 3, 2015,” the motion says. “In addition, STPD did not require Mr. Po to abide by the regulations set forth in the Ordinance while operating his medical marijuana business. Based on the unclear language of the Act in this constantly changing area of law and the criminal conduct of STPD, the Court should dismiss the charges against Mr. Po based on entrapment,” he wrote.
Ruark wrote that Po was allowed to continue growing at his Harris Road home after April 15 when Sumpter agreed to forego the suspended license with the understanding Po diligently move his marijuana grow to 50990 Willis.
Po had purchased the 36-acre parcel on Willis Road, had submitted a site plan to the Sumpter Township planning commission, and had already cleared the land.
Po was in the process of developing the Willis Road property for the medical marijuana grow when Sumpter Police raided his Harris Road home on Aug. 16.
Ruark said that since Sumpter police engaged Po in an illegal drug transaction on Nov. 3, 2015, which Po took as a guarantee that his conduct was lawful on Aug. 16, 2016, “STPD engaged in impermissible conduct that would induce an otherwise law-abiding person to commit a crime in similar circumstances.”
Ruark said police induced an incriminating statement from Po while he was in custody and before advising him of his Miranda rights. The search warrant was based on an incriminating statement obtained in violation of Miranda, Ruark said.
On Friday, Po is scheduled to be at the Frank Murphy Hall of Justice for the final conference and motions on a criminal charge against him of growing too much marijuana. Another attorney from Ruark’s office will represent him. Attorney Ruark will be at civil court downtown representing Po.
A jury trial on the criminal charge is scheduled for Jan. 26 before Judge Ulysses W. Boykin and expected to last one and a half to two days. The prosecutor is expected to have three or four witnesses and the defense four to five witnesses.
At a session in circuit court on Dec. 6, Judge Robert J. Colombo, Jr. ordered a partial release of Po assets seized by Sumpter Township. The black 2015 Chevrolet Silverado was to be released to Po. “All storage fees and costs are waived if the vehicle is stored with Sumpter Township,” Judge Colombo ordered.
Also, Clarita Po’s saving’s account, with a value of $50,674.69 as of Sept. 28, was ordered to be unfrozen by Fifth Third Bank and released to Mrs. Po.