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UPPER LAKE – A local man known for his medical marijuana activism has been sentenced to a 10-year federal prison sentence.
Charles “Eddy” Lepp, 56, was sentenced Monday morning by Judge Marilyn Hall Patel to two 10-year sentences, which will run concurrently, according to spokesman Jack Gillund of the US Attorney's Office. Patel said the sentences were the mandatory minimum required by law.
“It's tragic,” said Lepp's attorney, Michael Hinckley.
Last September a federal jury convicted Lepp of conspiracy to possess with the intent to distribute and cultivation of more than 1,000 marijuana plants, as Lake County News has reported.
The jury found that Lepp had grown 24,784 marijuana plants on his 20-acre property in Upper Lake, which is adjacent to Highway 20. He was indicted in 2004 in the case, which resulted from an investigation conducted by the Drug Enforcement Administration and the sheriff's offices of Lake and Sonoma counties.
During his hour-long hearing, Lepp also was sentenced to five years of supervised release once his sentence ends.
Hinckley said that as she imposed the sentence, Patel herself stated that she believed the minimum sentence was “excessive.”
“It's way, way, way too much time,” Hinckley said.
Lepp was sentenced on the same day as the US Supreme Court declined to hear San Diego County v. San Diego NORML et al., according to California NORML. By not hearing the case, an appeals court ruling that holds that California law trumps federal law over medical marijuana will remain in place.
Patel commented during sentencing that Lepp seemed proud of what he was doing. Hinckley said Lepp did testify in the trial about being proud of the fields where the marijuana was grown, and he encouraged people to take advantage of the opportunity to grow there.
“I've never seen a man work harder to get time in prison than Mr. Lepp,” federal prosecutor David Hall is reported to have remarked during the sentencing.
Lepp must surrender himself to federal authorities on July 6.
He told Lake County News in a weekend interview, “At my time in life if all I get sentenced to is a 10-year minimum, that's a friggin' life sentence.”
Lepp was the first person in California to be acquitted in a Proposition 215 prosecution in 1996, as Lake County News has reported.
On Monday, Lepp pointed to other medical marijuana growers who have gotten deals with the government for far lesser prison terms. “I got 10 years and everybody else is getting virtually nothing.”
Hinckley said he's filing an appeal of both the sentence and the original conviction.
He said they had hoped to get underneath the mandatory minimum 10-year sentence through a “safety valve” provision, which has five elements that must be met.
Hinckley said the government argued that Lepp didn't meet two of the requirements. Those include being the leader or organizer of a criminal activity. “Our position was, that Eddy is the leader of the church,” said Hinckley. “The 'criminal activity' that they're talking about is the growing of the marijuana in the fields.”
The other requirement the government alleged Lepp didn't qualify for was that he didn't meet with the government and truthfully speak about the offense for which he's been convicted.
Hall had alleged that Lepp lied on the stand when he maintained he had not been active in running the marijuana garden, which was part of his Rastafarian religious ministry.
“He would need to admit he lied at trial,” said Hinckley.
Lepp said he met with Hall several weeks ago and was told he would need to say he lied on the stand in order to qualify for the government to drop the minimum sentence. “I went ballistic,” Lepp said.
He maintained that he had 200 volunteers that ran the garden. “I never had anything to do with it,” he said, noting that Hall accused him of being a criminal mastermind.
Lepp had been looking at a maximum sentence of life in prison on both counts, plus a $4 million fine.
“We asked that no fine be ordered because of his ability to pay,” said Hinckley.
The fine was waived, but a forfeiture action against the fields where the marijuana was being grown is still working its way through the courts, Lepp said.
An investigation conducted by the Mendocino County Sheriff's Office last week resulted in Lepp's home being raided by officials, who detained him and four other people, while they searched the house and took hundreds of pictures. Lepp said no search warrant was issued and no one was arrested after being handcuffed and held.
Lepp alleges that the sheriff's deputies came to his home by mistake, but there were concerns that there was going to be an attempt to tie that case to his current situation.
Rachel Cohen, Lepp's personal assistant said the courtroom was filled for the hour-long sentencing, with people spilling out into the hallway.
She said people were carrying signs and picketing at the courthouse, with many people showing support for Lepp. Cohen said they also were passing out “Free Eddy Lepp” buttons.
Lepp said now that he has been sentenced, he has many friends and supporters who are working to get him a topnotch appellate lawyer.
While he prepares to enter prison, Lepp said he's concerned about his daughter, who has had benign polyps found on her thyroid. It's especially worrying because her mother and Lepp's late wife, Linda Senti, died from thyroid cancer that began with polyps being discovered in the same area.
“I'm just scared to death, she's barely in her 30s,” said Lepp.
He has remarried since Senti's death. His new wife, Linda, will remain on the Upper Lake property, where no medical marijuana garden has been grown since 2004, said Lepp.
As to his ability to use medical marijuana in prison for his own health issues, Lepp said Patel told him in court that she doesn't know if he'll be able to have access to the drug.
He said it's hard to know what will happen in the next six weeks, noting there have been rumors of pardons being possible.
Hinckley said there seems to be a move in the country toward greater acceptance of medical marijuana, something he suggests Lepp may have helped facilitate.
“As of today, it's not happening soon enough to help him,” Hinckley said.
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CLEARLAKE OAKS – Clearlake Oaks' annual Catfish Derby marked 2009 with the best turnout in its history, with great weather and plenty of big fish.
The Clearlake Oaks/Glenhaven Business Association sponsors the event – billed as the largest catfish derby west of the Mississippi. It began on noon on Friday and ran through noon on Sunday.
Derby volunteers and participants agreed this year was the best derby ever, said Dennis Locke, one of the group of hardy derby volunteers.
There were 510 adult entries and 119 kids entries, which are both derby records by a “substantial” margin, Locke said.
Fifty-nine percent of this year's 629 entries came from outside of Lake County – including Washington, Oregon, Nevada, Arizona, Idaho and Hawaii.
The derby weighed 143 fish – 113 caught by adults, 30 caught by children – totaling more than 1,700 pounds this year, said Gail Jonas, who leads the event, which raises money each year for Clearlake Oaks' annual July 4 fireworks display.
“It's becoming more of a family event,” said Jonas, noting that whole families come and enter in the derby, which began Friday and ended Sunday.
Stephen Cassel of Oroville was this year's adult derby winner. He caught a 28.10-pound catfish just after 8 a.m. Sunday to capture the title and take home a new boat, motor and trailer.
Eight-year-old Dylan Armstrong of Nice was the winner of the kids' derby, catching an 18.40-pound catfish at 8:45 p.m. Friday and winning a new quad all-terrain vehicle.
The catfish that Cassel and Armstrong caught to win their respective divisions were released back into Clear Lake, according to organizers.
Locke said more than $3,000 cash was awarded to other adult participants and $75 to kids. In addition, community members donated many raffle prizes for those entering the derby, including several fish rods and reels a derby participant donated.
Donations also were made for the awards for the youngest child participating – 4 years old – and for the child catching the smallest fish, which was 3.24 pounds.
Locke said more than 75 volunteers worked four straight days, some as long as 16 hours each day, to make the derby a success. This year's event also featured the inaugural Catfish Derby Cook-Off.
The full derby results are published below.
2009 Catfish Derby adult rankings
1. Stephen Cassel, Oroville, 28.10 pounds, caught 8:04 a.m. Sunday
2. Edward Rainey, Clearlake Oaks, 27.13 pounds, caught 9:43 a.m. Sunday
3. Tom Wheeler, Sutter, 21.11 pounds, caught 8:02 a.m. Saturday
4. Kevin Heins, Grants Pass, Ore., 21.07 pounds, caught 7:18 a.m. Saturday
5. David Fernandes, Clearlake, 19.59 pounds, caught 3:02 p.m. Saturday
6. Colleen Adair, Clearlake, 19.13 pounds, 7:02 a.m. Sunday
7. Troy Morgan, Loch Lomond, 19.13 pounds, caught 8:03 a.m Sunday
8. Matthew Ross, Clearlake, 19.07 pounds, caught 9:59 a.m. Sunday
9. C. Ferguson, Riverside, 19.01 pounds, caught 9:09 a.m. Saturday
10. Jeff Griffith, Woodland, 18.78 pounds, caught 11:31 a.m. Sunday
11. Steve Johnson, Oceanside, 18.70 pounds, caught 6:12 p.m. Saturday
12. Gary Simpson Sr., Yuba City, 18.63 pounds, caught 10:36 a.m. Sunday
13. Jorge Curiel, Vallejo, 18.35 pounds, caught 3:02 p.m. Saturday
14. Jason Costello, Lower Lake, 18.24 pounds, caught 11:01 p.m. Friday
15. Zach Medeiros, Yuba City, 18.10 pounds, caught 7:08 p.m. Friday
16. Lee Sayasombath, Santa Rosa, 18.10 pounds, caught 7:18 a.m. Saturday
17. John Handcock, Roseville, 18.06 pounds, caught 3:02 p.m. Saturday
18. Wade Stafford, Clearlake, 17.69 pounds, caught 10:37 a.m. Sunday
19. Omar Mandujano Jr., Healdsburg, 17.68 pounds, caught 12:01 p.m. Saturday
20. Jonathan Ganey, Garberville, 17.53 pounds, caught 9:39 a.m. Sunday
21. Joshua Lane, Hood River, Ore., 17.31 pounds, caught 10:39 p.m. Friday
2009 Catfish Derby children's rankings
1. Dylan Armstrong, Nice, 18.40 pounds, caught 8:45 p.m. Friday
2. Renato Mandujano, Healdsburg, 17.29 pounds, caught 1:37 p.m. Friday
3. Mical Wood, Clearlake, 16.53 pounds, caught 11:01 a.m. Sunday
4. Jerry Nelson, Clearlake, 16.24 pounds, caught 7:25 a.m. Sunday
5. Dakota McWethy, Lucerne, 15.02 pounds, caught 9:54 a.m. Saturday
6. TJ McDonnell, Kelseyville, 13.09 pounds, caught 7:12 a.m. Sunday
7. Robert Costello, Lower Lake, 12.58 pounds, caught 5:23 p.m. Friday
8. Guy Boyd Jr., Clearlake, 12.51 pounds, caught 8:24 a.m. Saturday
9. Georgia Schmit, Upper Lake, 12.13 pounds, caught 8:27 a.m. Sunday
10. Kasey Brown, Lower Lake, 11.50 pounds, caught 4:11 p.m. Saturday
Fish statistics
Total fish caught (143): Friday, 29; Saturday, 77; Sunday, 37
Total fish released (109): Friday, 25; Saturday, 48; Sunday, 36
Total fish kept (34): Friday, 4; Saturday, 29; Sunday, 1
Total weight: Friday, 335.55 pounds; Saturday, 908.09 pounds; Sunday, 518.58 pounds
Total fish poundage for the derby: 1,762.22
Largest fish for each day of the derby: Friday, 18.40 pounds (caught by Dylan Armstrong, Nice, winner of children's division); Saturday, 21.11 pounds (caught by Tom Wheeler of Sutter, No. 3 in adult division); Sunday, 28.10 pounds (caught by Stephen Cassel of Oroville, adult derby winner).
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LUCERNE – The effort to remove another blighted building on Lucerne's lakeshore has hit a snag.
On April 28, Robert Affinito removed the Lucerne Motel which was located at 6339 E. Highway 20 on the lakeshore, which sits next door to the Lake Sands Resort, both owned by his family.
The aging Lake Sands resort building, now boarded up, also was slated for removal, but the county's Community Development Department reports that the building's demolition can't go forward due to nesting barn swallows.
The barn swallow, Hirundo rustica, is not an endangered or threatened species; it is, however, protected by the federal Migratory Birds Act, Community Development Director Rick Coel explained.
None of the birds had been found in the Lucerne Motel, but within the last week they've begun building nests on the stucco exterior of the Lake Sands Resort, said Coel. One of his staffers discovered the situation and brought it to his attention.
That caused Community Development to halt the next demolition, because Coel said Affinito could get into serious trouble with US Fish & Wildlife, which the department didn't want to see happen.
US Fish & Wildlife spokesman Steve Martarano told Lake County News that barn swallows have always been included in the Migratory Bird Act, first established in 1918.
“It's the most widespread species of swallow in the world,” said Martarano.
Fish & Wildlife reports that the original 1918 statute implemented a 1916 convention between the US and Great Britain, on behalf of Canada, to protect migratory birds, with later amendments adding in treaties with the US and Mexico, Japan and the Soviet Union/Russia.
The birds pass through Lake County on a seasonal basis, said Coel, who admitted his department doesn't often run into these kinds of issues.
Martarano said the birds have an incubation period of three weeks and two broods. “They should start hatching any time.”
US Fish & Wildlife estimates it will be August before the second brood is gone. The nests will need to be watched to make sure the birds are totally gone before anything can be done with the buildings, Martarano said.
From Lake County, the birds will head south around September, said Martarano.
“It's not all bad in terms of timing,” Coel said of the situation.
He said while they're waiting for the swallows to move on, Affinito can proceed with the prep work, gutting the interior and doing the asbestos study that's necessary on the older building.
Coel said older structures often have asbestos in their insulation and tiles. “That was an issue in the other building.”
“We think these birds out to be out of there sometime in August and we can pick up the pace again,” said Coel.
Affinito said the issue “kind of took me by surprise.”
However, he said he still has plans to draw for a new hotel property he wants to build there. “So it doesn't really affect me in any way.”
Affinito said that, with county permission, he may put up some cyclone fencing and banners to let people know what's going on.
Meanwhile, while it's been an issue for the town's human residents, the old building is a nice place for birds, with plenty of bugs to eat and a nice view of the lake. Coel joked that it's the “original mixed use” structure.
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LAKE COUNTY – Several large projects will be under way on area highways this summer.
Caltrans reports that three safety projects – near Walker Ridge east of Clearlake Oaks, east of Robinson Rancheria in Nice and at the intersection of Highway 29 and Spruce Grove Road near Lower Lake – will be continuing in the months ahead.
The Walker Ridge Safety Rehabilitation project is located about 10 miles east of Clearlake Oaks on Highway 20 and is expected to be completed in July.
It's the largest summer highway project in Lake County, said Caltrans spokesman Phil Frisbie.
The project was awarded in September of 2006 to Argonaut Constructors of Santa Rosa, Frisbie said.
Frisbie said the project is realigning curves, and installing drainage and wider shoulders in that area, which has seen several major vehicle collisions – some of them fatal – over the last two years, as Lake County News has reported.
The high number of collisions in the area triggered an investigation, and the safety project resulted, said Frisbie.
“The main emphasis of that was to increase the site distance and make those curves not quite as severe so we could improve the safety,” said Frisbie.
Frisbie said Caltrans recently completed pavement testing in the area, using a towed trailer skid tester that is pulled behind a vehicle. He said the test involves wetting the pavement and applying brakes to the trailer to check friction on the roadway surface.
“It did not reveal any deficiency in the pavement,” he said.
Week before last, transverse rumble strips were installed across the eastbound lane of Highway 20 near speed advisory signs in the Walker Ridge area, said Frisbie.
He said the goal is that the rumble strips will draw drivers' attention to the 35-mile-per-hour speed advisory signs and slow down as they go through the area. The California Highway Patrol has determined that speed on wet roadways was the cause of many of the crashes in the area.
Frisbie said a passing lane terminates in that area, and Caltrans believes that speed may be an issue there because people are attempting to pass before the lane ends.
“Possibly that is causing them to approach that downhill at a higher speed that they should,” he said.
So sometime in the next few weeks, as soon as striping crews are available, Caltrans will restripe the passing lanes, reducing the number of lanes to one at the crest of the hill.
“We're still going to be continue to evaluate other things that can be done to improve the safety,” he said.
In other road projects, Caltrans reported that the Robinson Rancheria Safety project, located between the communities of Upper Lake and Nice on Highway 20, is on schedule.
Frisbie said the existing highway had very narrow to no shoulders. Contractor Argonaut Constructors of Santa Rosa is widening the highway and providing eight-foot shoulders. Caltrans expects the project to be completed this fall.
The final project is the Spruce Grove Road Safety Project between C Street and Clayton Creek Road outside of Lower Lake, said Frisbie. The contract will be awarded in June, with completion anticipated in the summer of 2010.
Frisbie said the Spruce Grove Road project will add left turn lanes and lighting to the intersection to
improve its safety.
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