Hopes ran high when Family Court Judge Richard J. Garcia agreed to a hearing to review the decision that removed baby Bree from Steve and Maria Green’s Lansing home on Friday the 13th. People knowledgeable about the court say that it is unusual for a judge to revisit a custody decision so quickly.
But the judge upheld the child’s removal from the Greens’ home, though he did expand the time the parents can spend with their baby. The seven-month-old infant is currently in the custody of Maria’s mother 140 miles away.
A new rationale
The deciding factor in the custody decision this week was not the “dangerousness” standard articulated by court referee Rod Porter the previous week. Judge Garcia instead focused on the felony charges pending against the couple in Oakland County related to growing and using medical marijuana.
The judge questioned whether Steve Green suffered from epilepsy or was simply a drug abuser, based on a previous case he adjudicated. He ordered Steve to pay for an evaluation by a “board-certified neurologist” to determine if he does indeed suffer from epilepsy and, if so, whether marijuana is an appropriate treatment.
Juddge Garcia also questioned whether it is legal for a medical marijuana patient to use the medication in front of their children. He repeatedly asked the Greens’ defense attorney Joshua Covert to identify any Michigan law that expressly authorizes patients to do so, but Covert’s citations did not persuade him.
Show of support
The Greens were again accompanied to court by a number of supporters, many of them from The Human Solution, a group of court watchers for medical marijuana cases for which Maria is president. Charmie Gholson of Michigan Moms United also attended. She helped organize a Free Bree rally outside Michigan’s Department of Human Services that had been held two days earlier. After hearing the verdict from Judge Garcia, Gholson called the Greens “targets” in Michigan’s efforts to nullify the medical marijuana law.
A full trial on the custody issue begins Oct. 7 in front of Judge Garcia.
Previous article and videos on the Greens:
- VIDEOS: Free Bree Rally in Lansing
- CPS takes Baby Bree away - Sept. 14, 2013
- The Greens: Still fighting for their rights, now fighting for their kids - August 14, 2013
- The Story of Steve and Maria - June 7, 2013
These articles have also appeared on MI Marijuana News
Just so we are clear: MI voted in mmj & laws to protect caregivers, a judge doesn’t like them and uses his power to damage an infant- ILLEGALLY & everyone still sits around talking about how lucky we are to live in the “land of the free”… Something tells me Bree doesn’t feel that way…
[…] http://lansingonlinenews.com/activism/greens-update-baby-brielle-still-cannot-come-home/ […]
[…] Bree is currently living 140 miles away with Maria’s mother, according to Lansing Online News. […]
[…] Bree is currently living 140 miles away with Maria’s mother, according to Lansing Online News. […]
CPS is not in the wrong here. They know what they are doing, and you are all being fed a bunch of lies so they can get your money! They never cared for that child, she was always left alone in the other room, many times screaming, while they tended to their marijuana deals, supplies & friends. She was NOT breastfeeding like she told everybody, she doesn’t have MS, and she wasn’t a caregiver when they were raided in Oakland County.. Come on people, there is always more to the stories than what they are telling you! Take sides of the baby for a change, she deserves to be raised in a drug-free environment, she couldn’t escape the pot she was being subject to on a daily basis.. Poor child, you should all vote for freeing her from being used for a marijuana war!!
I have been in the Greens’ home when they were interacting with baby Bree, who is clearly a much-loved child. I have also interviewed Maria, who was breast-pumping for the baby while we talked back in June, so she was certainly breastfeeding then.
[…] Bree is currently living 140 miles away with Maria’s mother, according to Lansing Online News. […]