Man charged with possessing 5,000 grams of cannabis granted continuance to October

OREGON – The defense attorney for a Woosung man charged with unlawful possession with the intent to deliver more than 5,000 grams of cannabis asked for and received a continuance to October.

Joshua T. Anderson, 38, appeared in court Monday with his attorney Melinda Jacobson of DeRango & Cain LLC in Rockford for a status hearing.

Jacobson, appearing for Aaron Buscemi, told Ogle County Judge John “Ben” Roe that her office needed additional time to review reports connected with the case.

Assistant State’s Attorney Matthew Leisten did not object to the continuance. Roe set the next hearing for 1:30 p.m. Oct. 28.

In May, Roe agreed to remove two pretrial release conditions for Anderson – home detention and GPS monitoring – after Buscemi filed a motion to lift the conditions, arguing that an April 11 detention order did not state a basis for the court’s finding that GPS monitoring or home confinement was necessary.

At that hearing, Buscemi argued that, according to state statute, electronic monitoring and home confinement only should be ordered if the defendant is a flight risk or to protect a person from imminent threat of serious physical harm.

He said ordering electronic monitoring, GPS monitoring or home confinement was in “direct contravention of the clear and unambiguous language of the statute.”

The state did not challenge that defense motion.

Anderson was arrested April 10 after the Ogle County Sheriff’s Office Special Operations Unit executed a search warrant at his home in the 700 block of South Central Street in Woosung.

Police said they seized more than 46 pounds of cannabis with an estimated street value of more than $200,000 after what they described as a lengthy investigation.

Anderson is charged with unlawful possession with the intent to deliver more than 5,000 grams of cannabis, possession of 20 to 50 cannabis plants, and possession of less than 15 grams of a substance containing the painkiller tramadol.

Anderson has pleaded not guilty to all of the charges and testified May 1 that he has a medical marijuana card and was growing the plants for his own use.

During Anderson’s preliminary hearing, Judge John Redington ruled that probable cause existed to continue the case after hearing testimony from Deputy John Shippert, a member of the Special Operations Unit for the Ogle County Sheriff’s Office, and Anderson.

Shippert said 27 cannabis plants taller than 6 inches were seized during the search, as were vacuum bags, a bag sealer and scales. He said those items indicated to him that there was an intent to deliver the cannabis. He said ledgers also were found but not investigated.

Anderson testified that he has had a medical marijuana card for at least eight years, and some of the plants were slated to be destroyed after the strongest ones were selected to complete their growing cycle. He said the ledgers kept track of his “cannabis-consulting clients” and all of the cannabis found was slated for his personal use.

During detention hearings, a judge determines whether to release a defendant from custody as the case proceeds through the court system. Criteria used by judges to make that decision include the nature of the alleged offenses, whether the defendant’s release would pose a “clear and present danger” to the community or certain individuals, and whether the defendant is considered to be a flight risk and likely will not appear again for scheduled court cases.

Monday was Anderson’s sixth court appearance since the charges were filed.