Plea agreements for the former mayor of Winnebago and his son charged with illegal cultivation of marijuana plants got the thumbs down Wednesday, July 24.
During a hearing in Faribault County District Court, Judge Troy Timmerman rejected plea bargain deals for Scott James Robertson, 68, and Jacob Jon Robertson, 46, to amend a felony charge of first-degree cannabis cultivation charge and plead guilty to third-degree misdemeanor possession of cannabis.
Both men also were facing three other felony charges for growing about 240 marijuana plants at two different locations, but those also would have been dismissed, according to a petition to enter a guilty plea.
Attorneys for the Robertsons and County Attorney Cameron Davis would not comment when asked what Timmerman’s reasons were for rejecting the pleas.
“This litigation is ongoing and I believe it would be inappropriate to comment on this matter,” says Davis.
Judges consider many factors when deciding whether to accept a plea agreement, such as the punishment is too lenient or harsh, or it is not in the best interest of the state or public.
In the petitions, the Robertsons admit to possessing more than four ounces of marijuana at a location that was not their personal residence.
“I was in possession in an amount greater than four ounces at a property I owned located at 15/17 South Main Street in Winnebago. This building was a commercial building and was not my residence,” was one of the elements of the petition Scott Robertson agreed to sign.
Under the agreements, the Robertsons would have received a stay of adjudication sentence for one year. That means they would avoid a conviction if they complied with conditions set by the court and the incident would be removed from their criminal record.
Robertson also agreed to forfeit his claim to the 15/17 Main Street Building where he allegedly grew marijuana and its contents, while the state would dismiss its claims to other properties, according to the petition.
The Robertsons now can withdraw their guilty pleas and maintain the right to have a trial. The agreements also called for no additional jail time.
Last February, the Robertsons were each charged with two first-degree felony counts of unlawfully cultivating more than 23 cannabis plants and felony charges of first-degree aiding and abetting of unlawfully cultivating more than 23 cannabis plants.
State law allows up to eight plants to be grown legally at home, but no more than four can be blooming.
Their next court hearing is scheduled at 10:00 a.m. on Aug. 5.