Appeals court denies request in Livingston County synthetic marijuana case

Written by Lisa Roose-Church
DAILY PRESS & ARGUS

The Michigan Court of Appeals ruled a Madison Heights attorney cannot represent two Livingston County women on charges they sold synthetic marijuana.

In an opinion released today, the court said Smokers Depot owner Ronda Lee Roszak and store manager Melissa Ann Dzierwa’s constitutional right to counsel is not absolute and a court “must balance the defendant’s right to counsel of choice against the public’s interest in the prompt and efficient administration of justice.”

“The District Court’s decision was not outside the range of principled decisions and was, therefore, not an abuse of discretion,” the Court of Appeals’ opinion stated.

Defense attorney Timothy Corr said he will seek an appeal with the Michigan Supreme Court and if necessary, with the federal courts as well.

Corr was in the middle of a preliminary exam for Dzierwa and Roszak when the prosecution told the judge that a plea offer was being considered for one of the defendants. Corr said that alleged plea offer had not been made.

Livingston County District Judge L. Suzanne Geddis ruled that Corr representing both women would be a conflict of interest, and she ordered the women to find new attorneys. Livingston County Circuit Judge Michael P. Hatty upheld that ruling, prompting Corr to file an appeal on the basis the women’s Sixth Amendment right to choose their own counsel had been violated.

Dzierwa and Roszak are each charged with one count of possession with intent to distribute a synthetic marijuana product known as Gods of Aroma. The product was sold at Smokers Depot in Genoa Township.

The defense maintains both women relied on a lab report that showed the Gods of Aroma product did not contain illegal chemicals.