New Development in Phelps Marijuana Case

Lawyers representing 6 of the 7 college students arrested for marijuana possession in relation to the picture of Michael Phelps apparently smoking pot say the situation is changing and should be "resolved" soon. But attorneys Joe McCulloch and Dick Harpootlian won't say what that means.

A British tabloid recently printed a photo of Phelps smoking a marijuana pipe while he was at a party in Columbia last November. Phelps apologized, saying it was bad judgment and something he would have to live with and learn from.

Richland County Sheriff Leon Lott said if he found evidence to prove that Phelps had used marijuana, he might bring charges against Phelps. Investigators were able to determine where the party at which the photo was taken occurred. Last Saturday, they raided that house and another near Lake Murray, eventually arresting 7 current or recent college students and charging them with marijuana possession based on evidence found at the scenes.

Harpootlian and McCulloch were quoted in The State newspaper in Columbia as saying Sheriff Lott was being overzealous, and that he was only going after their clients in an effort to get evidence against Phelps. They said deputies asked their clients whether they had been at the party with Phelps and whether they saw him using marijuana.

But they told News Channel 7 that things have changed. Harpootlian says, "Whatever initiated all of this, I think is going to be resolved and we're looking forward to having it put behind... I mean we represent some college kids who got caught up in something bigger than themselves, and we're trying to get it resolved." He wouldn't say what that meant.

They also wouldn't talk about exactly what happened during the raids or their criticism of Sheriff Lott, saying that's in the past and they're now working on a "resolution".

Harpootlian originally said that resolution would come late Friday afternoon or early evening. But nothing had changed by then and he said it would be Monday before anything would happen.

McCulloch said, "I think our clients found themselves caught up in a situation that, you know, may have gotten a little out of hand. But now it appears that it's back in hand and so we are optimistic about these discussions and we'll see next week." He wouldn't say with whom he was in discussions or what they were about.

A spokesman for Richland County Sheriff Leon Lott said he had no idea what kind of resolution the attorneys might be talking about and, as far as the department is concerned, nothing has changed with the case.

Despite concerns that the college students were being unfairly targeted, it's not uncommon to be charged with simple marijuana possession in South Carolina. According to statistics from the State Law Enforcement Division, in 2006 there were 26,166 arrests for simple possession of drugs. Of those, 17,755 were for marijuana. Possession of crack cocaine was the next most common with 4,362.