Lexington police to return evidence in Botany Bay case

gkocher1@herald-leader.comJanuary 30, 2013 

Police raided The Botany Bay on Winchester Road this summer, and the owner was charged with trafficking in synthetic drugs and possession of drug paraphernalia.

Lexington police will return most of the items confiscated from a local smoke shop, but about 8 pounds of synthetic marijuana will remain in their custody for trial.

Glass pipes, bongs, vaporizers and other items seized in an Aug. 20 raid will be returned to Botany Bay on Winchester Road. The police raid, prompted by tips that the store was selling synthetic marijuana, led to misdemeanor charges of synthetic drug trafficking and possession of drug paraphernalia against the store's owner, Ginny Saville.

Earlier this month, Fayette District Judge Kim Wilkie granted Saville's motion to have some of the items returned to her, according to court records. Saville has challenged Lexington police procedure as well as the constitutionality of the state law on synthetic marijuana.

The Fayette County Attorney's Office had requested Wednesday's hearing to clarify which items must be returned and which items are still considered evidence.

The 8 pounds of potpourri labeled as "Sunset" and "Moonglow" will remain in custody as evidence. "Sunset" tested positive as a synthetic marijuana; "Moonglow" has not been tested.

Wilkie also directed police to return a computer to Saville "as soon as possible." Defense attorney Tucker Richardson said she needs that computer in order to do her taxes.

The constitutional question did not come up at Wednesday's hearing. The state attorney general's office has been informed about the case and may wish to intervene.

A date for that hearing will probably be scheduled when the parties come before Judge Wilkie on Feb. 19.

Greg Kocher: (859) 231-3305.Twitter: @HLpublicsafety

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