Nov 12, 2013 5:16 PM by Dwayne Fatherree
Two additional defendants in the Curious Goods synthetic marijuana conspiracy case have opted to adopt their co-defendant's objection to what they call an "illegal prosecution."
Both Daniel James Stanford and Daniel Paul Francis filed motions Tuesday to accept an objection Barry Domingue, a fellow defendant, filed asking the court to dismiss the first three counts of the 16-count indictment on Oct. 31.
A jury trial is scheduled March 31 in the case.
In the objection, Domingue argues that the chemical compound AM-2201, the active component in the "Mr. Miyagi" products sold through the Curious Goods retail shops, was not illegal under the federal statute because it didn't exist when the statute was written.
Domingue also claims the statute's requirement that the accused must have "voluntarily and intentionally violated the law" cannot apply because the Mr. Miyagi products were not illegal.
The objection addresses the first three counts, which are conspiracy with intent to possess and distribute a Schedule I controlled dangerous substance, conspiracy to introduce and cause to be introduced misbranded drugs into interstate commerce, and money laundering conspiracy. Counts 4 through 16 are individual money laundering counts which, if the first three counts are dismissed, would not be illegal.
Of the eight remaining human defendants in the indictment, five have already made plea deals. Only Stanford, Francis and Domingue remain, along with Curious Goods LLC as a corporate defendant.
According to the indictment, Francis and Stanford advised the Curious Goods management on ways to avoid prosecution for selling the Mr. Miyagi products in their stores. Domingue is listed in the indictment as a fellow conspirator.