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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