Date: Wed, 30 Aug 1995 19:40:24 -0400 From: [o--s--n] at [calyx.com] (Carl E. Olsen) Subject: more on Combs of the KY HIGH court Lexington Herald-Leader Aug. 29, 1995 Combs son's allegations lead to judge's withdrawal from case By Lee Mueller, Eastern Kentucky Bureau Prestonburg, KY As the swarm of TV and newspaper reporters left the Floyd County Courthouse yesterday, Dan Jack Combs watched from under a nearby shade tree. The 71-year old former state Supreme Court justice grinned broadly and leaned forward on his toes. "Is High Times here, too?" he asked, referring to a national pro-marijuana magazine. It was kind of a joke: Combs' droll comment on the hubbub that has developed since Aug. 18 when state police acting on a tip-found a marijuana plant growing in his backyard at Betsy Layne. What began as a rather routine drug raid-Combs and his 16 year old son, Ghent, were charged with possession and cultivation of marijuana, both misdemeanors-turned into the stuff of which national TV programs are made after Combs acknowledged he had smoked pot for quite some time to help him sleep. Yesterday, Floyd District Judge James Allen Jr. stepped down from the case because Combs' son alleged-falsely Allen said-that Allen helped orchestrate the police search that turned up water pipes, rolling papers and 4 ounces of marijuana at Combs' home. Still to come, however, is an appearance on a new CBS News program, "Day & Date" which Combs' attorney, Eric Conn of Stanville ,said was billed to him as a cross between "Entertainment Tonight" and "Good Morning America." Combs, who was elected to the Supreme Court in 1988 after five years on the state appellate court, retired in 1993, citing health problems. As a judge, he was outspoken on behalf of constitutional rights and plain-spoken about his life and lifestyle, which included riding a motorcycle and attending seances. Combs said yesterday he has no memory of smoking marijuana before he retired form the bench, but said he has a memory problem similar to Alzheimer's disease, brought on by two strokes and other factors. "I may have-but never while court was in session." Combs said of using marijuana. "I'm sorry, I wish I did have total recall, but I don't. I used to have an excellent memory. I could quote Thanatopsis," a poem. A1992 deposition in a Pike County civil case indicates Combs smoked pot while he was a judge. A Lexington psychiatrist who treated Combs for depression after a 1989 motorcycle accident confirmed under questioning that Combs used marijuana to help him sleep. Dr. Robert Granacher said in the deposition that Combs surprised him by "telling the truth. Most patients would not admit that." Granacher said the admission was not relevant to Combs' problem because marijuana does not cause major depression. Later, Granacher said he prescribed Prozac-a powerful antidepressant-for the judge. He also said he administered four shock treatments-at Combs' request-that temporarily relieved his depression. Dr. Mary Lee Harper, director of the University of Kentucky's drug information center, said yesterday that if Combs were smoking marijuana and taking Prozac at the same time, "there are no studies indicating there are problems with mixing the two." Last week, before he was aware of Granacher's deposition, state Supreme Court Chief Justice Robert F. Stephens said he saw no indication that Combs smoked pot while on the high court. The chief justice stuck by that observation this week. Stephens said he knew nothing about Combs' taking Prozac, having shock treatments or the validity of the drug charges. "All I can tell you is, you've got to remember why the man quit the court-because he realized he was having a problem," Stephens said. "And if that doesn't say something for him, I guess I have the entirely wrong standards to judge human beings." "When he began to fail, he knew it-and he quit." In yesterday's hearing, Allen read a statement, saying he was stepping down to avoid "even the appearance of impropriety." "I will step aside, not because I believe there are grounds in the motion and affidavit for me to do so, but because I want the defendant to feel that he will be heard with the neutrality of an impartial judge." Allen said he would ask that a special judge be appointed to hear other motions, including one to quash results of the police search. Combs said he has not smoked marijuana since the search but hopes to continue the practice. Marijuana, which he called one of "God's foods," helps him sleep and should be legalized for medicinal purposes, he said. Given the nationwide interest his case has attracted, however, Combs said he expects it will be difficult for him to obtain the drug. ******************************************************************** * Carl Olsen * [c--o--n] at [dsmnet.com] * * Post Office Box 4091 * http://www.calyx.com/~olsen/ * * Des Moines, Iowa 50333 * [Carl E Olsen] at [commonlink.com] * * (515) 262-6957 voice & fax * [73043 414] at [compuserve.com] * ********************************************************************