Hospital patient taken to face U.S. marijuana charge
Lawyer: 'This is totally inhumane'
Thursday, October 13, 2005; Posted: 9:17 a.m. EDT (13:17 GMT)
SEATTLE, Washington (AP) -- An Army veteran who fled to Canada to avoid prosecution for growing marijuana to treat his chronic pain was taken from a hospital, driven to the border with a catheter still attached, and turned over to U.S. officials, his lawyer said.
Steven W. Tuck then went five days with no medical treatment and only ibuprofen for the pain, the attorney said.
Tuck, 38, was still fitted with the urinary catheter when he shuffled into federal court Wednesday for a detention hearing Wednesday.
"This is totally inhumane. He's been tortured for days for no reason," Hiatt said.
U.S. Magistrate Judge James P. Donohue ordered Tuck temporarily released so he could be taken to a hospital for treatment. But by the time Donohoe issued his order, King County Jail officials had received a detainment request from Humboldt County, California, so Tuck was not released Wednesday, Hiatt said.
"I can't believe we've run into another snag here," the lawyer said.
Tuck suffered debilitating injuries in the 1980s when his parachute failed to open during a jump. Those injuries were exacerbated by a car crash in 1990, Hiatt said, and Tuck was using marijuana for chronic pain.
In 2001, while Tuck was living in McKinleyville, California, his marijuana operation was raided for the second time. He fled to British Columbia to avoid prosecution but asylum was denied.
Tuck checked last Friday into a Vancouver hospital for prostate problems and was arrested there by Canadian authorities.
Richard Cowan, a friend, said he was with Tuck at the hospital when authorities arrested him.
"I would not believe it unless I had seen it," Cowan said. "They sent people in to arrest him while he was on a gurney. They took him out of the hospital in handcuffs, put him in an SUV, and drove him to the border."
Tuck was turned over to Whatcom County Jail officials, who called federal marshals. The marshals took him to the King County Jail in Seattle.
Although Tuck has taken morphine -- as prescribed by doctors -- for about 16 years to help with his pain, he was given no painkiller or treatment at the jail other than ibuprofen, Hiatt said.
Tuck appeared emaciated in court, and Hiatt said he had been sick from morphine withdrawal.
King County Jail officials did not return a call seeking comment, and the Royal Canadian Mounted Police had no comment.
Tuck is charged federally with unlawful flight to avoid prosecution. Donohue agreed to release him on the condition that he face the charge in the Northern District of California upon his release from the hospital.
The Supreme Court ruled in June that people who smoke marijuana because their doctors recommend it to ease pain can be prosecuted for violating federal drug laws, even in states like California that have laws permitting medical marijuana use.
Lawyer: 'This is totally inhumane'
Thursday, October 13, 2005; Posted: 9:17 a.m. EDT (13:17 GMT)
SEATTLE, Washington (AP) -- An Army veteran who fled to Canada to avoid prosecution for growing marijuana to treat his chronic pain was taken from a hospital, driven to the border with a catheter still attached, and turned over to U.S. officials, his lawyer said.
Steven W. Tuck then went five days with no medical treatment and only ibuprofen for the pain, the attorney said.
Tuck, 38, was still fitted with the urinary catheter when he shuffled into federal court Wednesday for a detention hearing Wednesday.
"This is totally inhumane. He's been tortured for days for no reason," Hiatt said.
U.S. Magistrate Judge James P. Donohue ordered Tuck temporarily released so he could be taken to a hospital for treatment. But by the time Donohoe issued his order, King County Jail officials had received a detainment request from Humboldt County, California, so Tuck was not released Wednesday, Hiatt said.
"I can't believe we've run into another snag here," the lawyer said.
Tuck suffered debilitating injuries in the 1980s when his parachute failed to open during a jump. Those injuries were exacerbated by a car crash in 1990, Hiatt said, and Tuck was using marijuana for chronic pain.
In 2001, while Tuck was living in McKinleyville, California, his marijuana operation was raided for the second time. He fled to British Columbia to avoid prosecution but asylum was denied.
Tuck checked last Friday into a Vancouver hospital for prostate problems and was arrested there by Canadian authorities.
Richard Cowan, a friend, said he was with Tuck at the hospital when authorities arrested him.
"I would not believe it unless I had seen it," Cowan said. "They sent people in to arrest him while he was on a gurney. They took him out of the hospital in handcuffs, put him in an SUV, and drove him to the border."
Tuck was turned over to Whatcom County Jail officials, who called federal marshals. The marshals took him to the King County Jail in Seattle.
Although Tuck has taken morphine -- as prescribed by doctors -- for about 16 years to help with his pain, he was given no painkiller or treatment at the jail other than ibuprofen, Hiatt said.
Tuck appeared emaciated in court, and Hiatt said he had been sick from morphine withdrawal.
King County Jail officials did not return a call seeking comment, and the Royal Canadian Mounted Police had no comment.
Tuck is charged federally with unlawful flight to avoid prosecution. Donohue agreed to release him on the condition that he face the charge in the Northern District of California upon his release from the hospital.
The Supreme Court ruled in June that people who smoke marijuana because their doctors recommend it to ease pain can be prosecuted for violating federal drug laws, even in states like California that have laws permitting medical marijuana use.
