A Vermont District Court judge has refused to dismiss a marijuana cultivation case against a former Lyndon selectman.
Judge Thomas Zonay also refused to throw out evidence that state police collected during their investigation of 56-year-old Robert Elmes.
Last August a state trooper who was doing an inspection from the air in a National Guard helicopter saw what he thought were marijuana plants.
Troopers went to Elmes’ house and found a plot where it appeared plants had recently been ripped from the ground.
During a search, they allegedly found plants and other evidence in Elmes’ car.
Elmes’ lawyer asked that the charges be dismissed and that the evidence be suppressed.
Lawyer David Sleigh says he’s not sure if he’ll appeal Zonay’s denial of both motions.