Attorney appeals York man’s convictions in medical marijuana petition case

GRAND ISLAND, Neb. (KSNB) - The attorney who represents a York man convicted of official misconduct related to medical marijuana petitions claims the case should never have been treated as a crime.

He also argues that the jury was unduly influenced by inflammatory comments made by prosecutors during opening arguments of his trial in February.

A Hall County jury found Jacy Todd, 55, guilty in February on 23 counts of official misconduct and one count of making a false statement under oath related to notarizing petitions to legalize and regulate medical marijuana in 2024.

In April, Hall County Judge Alfred Corey sentenced Todd to pay $3,866.44 in fines and court fees, but did not add any jail time.

Court records show Todd’s attorney, Mark Porto of Grand Island, appealed the case to the Hall County District Court.

In a brief filed Monday, Porto made these arguments:

• Todd, as notary, witnessed Michael Egbert sign the signature documents according to state law, but unknowingly notarized the documents outside Egbert’s presence. State law requires that the signature documents be notarized in the presence of the person who signed them.
• Porto argued that Todd’s failure to notarize the document in Egbert’s presence constituted “malfeasance,” which is punishable by civil penalties already provided for by Nebraska laws that specifically govern notaries public. Porto also argued that Todd’s actions did not rise to the level of “official misconduct,” and thus should not have been prosecuted as a crime.
• The brief also argued that Todd’s defense was damaged during opening arguments. The brief claims that the prosecutor told the jury that the defense’s argument was “disingenuous” and that “ignorance of the law is no excuse.” Porto argues that this made his defense of Todd look dishonest to the jury. The brief also argued that the judge should have declared a mistrial.

In the brief, Porto asked that the district court either throw out the convictions against Todd or order a new trial.

An evidentiary hearing on Todd’s appeal is scheduled for August 17 in Hall County District Court.

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