Know It All Judge Denies Bail for Actor Kevin Gage, Co-defendants : Indybay

San Francisco Oct 20, 2004 -- Yesterday afternoon, Judge William Alsup denied imprisoned actor Kevin Gage and co-defendant Thomas Kikuchi's motion for bail, ruling that sufficient proof of attorney incompetence hasn't been established in Stephanie Landa's case either.

Skeptical from the start, Judge Alsup emphatically stated "he had spent a lot of time reading SB 420 and he was convinced that the size of the trio's grow, [over 1200 plants] was a commercial operation, ignoring that localities may set their own medical cannabis guidelines and that at the time of the trio's arrest, no limits on plants had been established in San Francisco in 2002.

Asst. U.S. attorney George L. Bevan opened by apologizing for being unprepared and went on to state that defendant's motion to vacate judgement was "frivolous", considering that they had already accepted a plea bargain. He warned that if a re-trial was granted all three defendants would face a mandatory-minimum of ten years in prison, if convicted. He added that the case didn't fall under the Raich decision.

Defense Attorney Jeffrey Sklar failed to convince Judge Alsup that a conflict of interest existed between previous lawyer J. David Nick and Rose Galati, an exculpatory witness. Judge Alsup disagreed with Sklar, constantly interrupting counsel, reinterating several times that he felt like Mr. Nick and other attorneys representing Gage, Kikuchi and Landa had mounted a "vigorous defense" in the previous trial.

Kevin Gage's tearful fiance, Peris said that despite the disappointing decision, her fiance was "doing great" adding "he's just amazing, and trying to make the best of a bad situation."

Outside, a weeping Stepanie Landa vowed to continue fighting to overturn her conviction. Other lawyers representing the three co-defendants include: Allison Margolin and Bill McPike.

Know It All Judge Denies Bail for Actor Kevin Gage, Co-defendants

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