Sunday, July 20, 2014

Cremation ashes that 'looked like dope' returned a year after drug raid

Cremains seized during a drug raid more than a year ago were returned on Friday, Michigan State Police said. “Correct, they are part of cremated remains,” said First Lt. Wayne Eddington, commander of the MSP Fifth District Task Force, when asked on Thursday about the ashes. “They looked like dope and no one said anything to us for a year. They were packaged like we typically see as drugs. They will be returned on Friday.” The two plastic bags were seized from a cluttered desk drawer at a home in Barry County, according to attorney Bruce Leach of Grand Blanc.

Troopers described them as plastic bags, one containing 0.9 ounces of a unknown tan-coloured powder and the second was 1.5 ounces of the same unknown powder. The seizure was part of a June 26, 2013, raid on three marijuana dispensaries, including the Karmacy. That business, owned by Kiel Howland, was accused of selling marijuana in violation of Michigan Medical Marijuana law. As part of the investigation, a search warrant was issued for the Barry County home of Howland’s parents. Leach said the cremains were of Howland’s grandparents. Leach asked about the cremains at a Calhoun County District Court hearing for Howland on June 30 and then sent a letter to Assistant Prosecutor Matt Smith on Tuesday.



“As we discussed on the record following the last hearing with Judge Franklin Line, the immediate return of the cremated remains of Mr. Kiel Howland’s grandparents is demanded,” Leach wrote to Smith. He said on Thursday they were seized at the home of Howland’s parents and marked as evidence, “desecrating the treasured family members remains.” Leach said family members told officers at the time what was in the plastic bags and Leach said he has asked for them to be returned. Eddington said he was not at the house and doesn’t know what the officers were told. He said he only learned of the request on Wednesday from Smith.

Prosecutor David Gilbert said he approved the search warrant for the house but officers decided what to seize. “They probably thought there was some evidential value,” Gilbert said. “I don’t know what is in it. If it’s remains it ought to be returned.” Charges against Howland include delivery of marijuana and possession with intent to deliver marijuana. A preliminary examination in the case was reset for Oct. 6. Police have alleged Howland violated the law by selling the drugs to customers rather than using caregivers, as prescribed by the Michigan law. But Leach has argued that the dispensary was licensed and inspected by the City of Springfield and approved to operate. “I am hoping I can end this case at the preliminary examination,” Leach said.

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