TRANSCRIPTS: Ohio judge smells weed in courtroom, man pulls out - Spokane, North Idaho News & Weather KHQ.com

TRANSCRIPTS: Ohio judge smells weed in courtroom, man pulls out two bags from underwear

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Darius Dabney (Left, Photo: Hamilton Co. Jail) and Judge Bernie (Right, PHOTO: Hamilton County, Ohio) Darius Dabney (Left, Photo: Hamilton Co. Jail) and Judge Bernie (Right, PHOTO: Hamilton County, Ohio)
HAMILTON COUNTY, OH -

Four states have legalized the use of recreational marijuana. We're in Washington. You know that already. But just because it's legal doesn't mean there aren't restrictions on where you can use or possess it. We're in Washington. You know that already. Moving on. 

Recreational marijuana is not legal (yet) in Ohio. So legally, you can't bring it anywhere. This especially includes courtrooms. You know, where they enforce laws? One man probably knew this, but still brought bags of weed with him to his court appearance. Thankfully, the court stenographer kept typing when the judge stopped court to get to the bottom of a strong odor of marijuana permeating throughout the room. 

The interaction between Judge Bernie Bouchard and Darius Dabney went just like this (according to local media): 

THE COURT: This courtroom has an overwhelming smell of marijuana. So whomever has it, if you want to give it up right now it's going to be destroyed. If you don't, we're bringing the drug dog over and you're going to be doing a lot of time in jail when we find it. So who has the marijuana?
MR. DABNEY: I smoked marijuana before I got here.
THE COURT: Okay. Well, do you have it on you?
MR. DABNEY: No, sir.
THE COURT: Well, it doesn't smell to me like burnt.
MR. DABNEY: I'm cool then.
THE COURT: You're safe, you think?
MR. DABNEY: I know I am.
THE COURT: What time did you smoke it?
MR. DABNEY: S*%&, like since 9:00, 9:15. I'll be honest about that. I ain't going to hold you up, Mr. Bernie. I just got out on a probation violation for a dirty piss, so I smoked this morning. I ain't going to hold you up. I ain't going to hold you up. It's me. I got --
THE COURT: What's your name? Do you remember that?
MR. DABNEY: I don't know that right now.
THE COURT: Okay. Why don't you come up here and have a seat so we can maybe -- maybe we can take it out in the hall. I don't care what your name is. Come on up. Maybe you can remember your name by the time you sit up here. Have a seat right over here.
MR. RENGERING: Well, we have his attorney here.
THE COURT: You have Mr. Moore?
MR. DABNEY: Yes, sir.
THE COURT: Okay. No, no, no. Right here. What's his name, Mr. Moore?
MR. MOORE: Dabney, Darius Dabney, Your Honor. He did answer to his name earlier, though. Judge, what happened on Mr. Dabney, he's here for probation violation. What happened was he was locked up, didn't report to probation and just recently got out for a felony PV.
THE COURT: And celebrated.
MR. MOORE: Evidently so.
THE COURT: Yeah. Well, I don't think I can take a plea from him today because he's not of sound mind.
MR. DABNEY: Can I come back?
THE COURT: Yeah, you're going to come back, but here's the problem, you're going to stay with us for a couple days.
THE DEFENDANT: What?
THE COURT: Yeah.
MR. DABNEY: Sir, I have my son outside. Like I really have my son. Like I got to pick up my son at 10:00, 11:00.
MR. MOORE: Your Honor, I did speak to him earlier and he knew his name and he knew essentially why he was here and that sort of thing. He didn't strike me as someone who was intoxicated. Judge, I know that he was kind of carrying on a little bit in the back there, but I think he was just having fun, essentially, is what it comes down to, Judge. I'm satisfied that he's ready to proceed.
THE COURT: Well, thank you for that, but I mean, he just admitted that he smoked marijuana right before he came to court.
THE DEFENDANT: Oh my gosh. Like, Mr. Bernie --
THE COURT: It's Judge Bouchard, but that's okay, Mr. Dabney. You want to step on up here, Mr. Dabney. I'm finding you in contempt, sir, for coming to court high, wasting the Court's time, public defender's time, everybody's time that's getting paid here. You can't enter a plea because you're not of sound mind, so you're going to do a day in jail for that on contempt. I'm going to continue your case until tomorrow morning. Your bond is $1,000, any way.
THE DEFENDANT: At ten percent?
THE COURT: Any way, but you're going to be doing a day anyway, so tomorrow we can take care of it. Now, listen to me, Mr. Dabney. If you got it on you it's going to be a felony when they strip you over there so I'll give you one last time to tell me if you have any unburnt marijuana on you. I'm giving you -- oh, ah-ha.
(Defendant pulled a bag of marijuana out of his pants.)
THE COURT: Okay. So finally you came clean. If there's anything else, this is your opportunity. We're going to destroy it. Are you sure?
(Defendant pulled another bag of marijuana out of his pants.)
THE COURT: Oh my lord. Anything else, I mean, because --
THE DEFENDANT: No.
THE COURT: Mr. Dabney, I'm telling you -- now why would you do that? Why would you bring that much pot to court?
THE DEFENDANT: I forgot it in my car, sir.
THE COURT: You forgot it in your underwear.
MR. MOORE: He said car, Judge.
THE COURT: Say what?
THE DEFENDANT: I don't know, sir.
THE COURT: You don't know. Well, I don't know why you would do that either.
MR. MOORE: Well, Judge, I mean, it's -- if he's impaired to the point that he can't take a plea, he's probably not thinking clearly.
THE COURT: Good point. Mr. Dabney, well, you know --
MR. DABNEY: Yes, sir.
THE COURT: You know what, I just want to tell you one thing. You know, at some point in your life all you have left is your word, okay, you know, and to be honest. You hear what I'm saying? You know, it's just so disappointing that, you know, you try to lie. I've been in court every day for 20 years as an assistant prosecutor, a magistrate, and a judge. And for you to think that I'm stupid and you're going to pull one over on me, I mean, that's just illogical. But you know what I appreciate in this courtroom is honesty, you know. If you can say I did something, I'm sorry, I learned from it, that goes a long way than no I didn't and lying, you know. So, I mean, you did come clean, but it took a little coaxing, but that's better than you getting charged with a felony for bringing drugs into the jail. You know what I'm saying? So I hope that you at least learned from this and can be honest in the future.
MR. MOORE: Judge, he might not realize it, but he appreciates you giving him the opportunity to get rid of it.
THE COURT: Okay. We'll see you tomorrow morning. You're in contempt doing a day. And then your bond is a $1,000."

The two bags of marijuana weighed 1.5 oz, according to officials. 

I called Deputy Mark Gregory with the Spokane County Sheriff's Office who said that while marijuana is legal, you can't bring it in a courtroom, just like you wouldn't be able to bring alcohol into your court appearance. Deputy Gregory said if you brought in an illegal substance, such as meth or heroin, you'll be spending a little extra time inside the courthouse. Specifically, jail. You would go to jail. So don't do that. And leave your weed at home when making your court appearance. 

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