Four marijuana advocates bound over for trial

BELLEFONTE -- Four of the five smokers charged along with retired professor Julian Heicklen in his marijuana protest Feb. 12 went before District Justice Allen Sinclair yesterday in their attempt to reverse current marijuana laws.

University students Jennifer Corbett (freshman-psychology) and Andy Burke (sophomore-engineering) and State College residents Heicklen and Kenneth Keltner were ordered to stand trial yesterday on charges of marijuana possession.

Burke was bound over on two counts of possession while the three others have one count pending against them, according to court documents.

The arraignment for the four will be held April 20, the pretrial hearing will be held in May and the trial is set for June, the court administrator's office said.

The fifth person charged during the February protest, Alan Gordon, had his preliminary hearing March 11. Gordon was bound over on charges of possession of a controlled substance and drug paraphernalia, according to court documents. A trial date has not been set.

Heicklen chose to represent himself and he also acted as Burke's co-council. Corbett and Keltner were represented by attorney Joseph DeVecka.

Assistant District Attorney Tony DeBoef prosecuted all three of the hearings. Since Corbett and Keltner were represented by the same attorney, there was one hearing for the two.

Before Burke's hearing, Sinclair said Heicklen would not be allowed to speak during the hearing because Heicklen is not a lawyer.

"Stop trampling on the constitution," Heicklen said in response to Sinclair's warnings.

In their opening statements, Heicklen and Burke both expressed their anger in the speediness and impartiality of their respective trials.

During Heicklen's and Burke's hearing, both requested that all participants introduce themselves. They also requested their case go before a grand jury. Sinclair denied their requests.

Heicklen remained silent and motionless when Sinclair gave him the opportunity to cross-examine the police witnesses.

During the prosecution's case, DeBoef called several police officers present at the scene to the witness stand.

Officer Robert Noel of the State College Police Department said he distinctly could smell marijuana during the rally.

This prompted the officers to field test the cigarettes, which all proved positive, Noel said.

State College police detective William Wagner and Noel said during all three of the hearings they confiscated the "joints" from the defendants.

"I observed Burke rolling a joint and then passing it to Ken (Keltner)," Noel said, adding the joint was then passed to Corbett and back to Keltner.

Noel also said Burke's "joint" was much smaller and had a different appearance than Heicklen's.