Prominent Lawyer Faces Marijuana Charge His Attorney Says It’s Case Of Mistaken Identity

A prominent local attorney, who also is a member of one of the area’s most influential families, was arrested for misdemeanor drug possession Saturday during Gyro Days in Wallace.

Harry James Magnuson, 44, was arrested on charges of misdemeanor possession of marijuana and misdemeanor possession of drug paraphernalia by Wallace Police. He was booked at the Shoshone County Sheriff’s Office and immediately released on $500 bond.

His attorney, Ed Anson, said it appears to be a case of mistaken identity.

The crowds and the Mardi Gras-type atmosphere of the Gyro Days Festival created confusion that led to the arrest, Anson said.

Wallace Police reports say Officer Patrick S. Eismann arrested Magnuson about 1 a.m. Saturday. Eismann said he observed Magnuson and another man standing near a trash bin at the Silver Corner Bar.

The police report said Magnuson had a pipe in his mouth and was attempting to light it. When Eismann identified himself, Magnuson allegedly dropped the pipe by the Dumpster.

Eismann, who by then was assisted by Police Sgt. Art Harris, called the two men away from the Dumpster. He asked the men what they were smoking.

“They both replied they were not smoking anything,” Eismann’s report said.

Eismann searched around the trash and found a small pipe with burned residue in the bowl. Eismann also reported that he found a container with a small amount of a green, leafy substance that appeared to be marijuana.

Magnuson was arrested and taken to the sheriff’s office. The other man has not been identified in police reports or court documents.

Magnuson is the son of Harry F. Magnuson, a key developer of the Silver Valley’s mining industry as well as commercial real estate in North Idaho.

Anson, Magnuson’s attorney, said there was a crowd of between 20 and 30 people outside of the bar. When they saw the police officer, they disappeared.

“To the best of Jimmy’s recollection, he was outside holding a beer trying to light a big cigar that he was smoking,” Anson said. “The policeman comes up to my guy and said ‘What were you smoking?”’

Magnuson “wasn’t thinking that straight and wasn’t in a mood to respond that he had been trying to light the cigar,” Anson said. But he does not recall telling the officer he wasn’t smoking anything, as the police report indicates.

Anson said he doesn’t doubt the officer found a marijuana pipe and the marijuana. But the pipe and marijuana did not belong to his client, Anson said.

, DataTimes