“Griner will testify tomorrow, and after that, it’s his decision whether he answers any questions or not,” Alexander Boykov, Griner’s lawyer, told CNN on Tuesday. Prosecutors will also have a chance to question Griner.
The two-time Olympic gold medalist made a brief appearance before the Khimki court in the Moscow region on Tuesday where her defense team presented evidence.
Griner, 31, pleaded guilty to drug charges earlier this month, but the US State Department says she is being wrongfully detained. He faces up to 10 years in prison. Griner’s supporters have called for his release over fears he is being used as a political pawn amid Russia’s war against Ukraine.
At Tuesday’s hearing, which lasted about an hour, a narcologist brought by Griner’s lawyers said that based on the WNBA player’s prescription, Griner likely used the cannabis oil that was in her baggage for medical and non-recreational purposes.
Narcologist Mikhail Tetyushkin explained that “medical cannabis is a popular treatment especially among athletes” in many countries outside of Russia.
Tetyushkin presented the court with information about the use of medical marijuana by athletes, saying that the frequent use of cannabinoids is incompatible with professional sports due to the effect of relaxation and inhibition of reaction times.
He also told the court on Tuesday that there is no global standard on the amount of cannabinoids in medical marijuana.
Griner’s attorney, Maria Blagovolina, told the court that an initial report by the prosecution’s expert was “incoherent” and not up to scientific and legal standards.
Blagovolina said the prosecution’s expert report did not determine the quantitative content of tetrahydrocannabinol (THC) in the cannabis oil found in Griner’s luggage. THC is the main psychoactive substance in cannabis.
As the hearing concluded, Blagovolina said Tetyushkin “explained that in several countries, specifically in the United States, medical cannabis is a popular treatment especially among athletes.”
“So with the prescription in place, Brittney could have used it for medical purposes but not recreationally,” Blagovolina added.
Tuesday’s hearing, the fifth so far in Griner’s criminal trial, was attended by US Embassy Chargé d’Affaires Elizabeth Rood.
Speaking to the press outside court, Rood told reporters that Griner confirmed he is doing “as well as can be expected under the circumstances.”
The trial is expected to end early next month, Griner’s lawyers have said.
Griner detained since February
The Phoenix Mercury basketball star was arrested in February at a Moscow airport with less than a gram of cannabis oil in his luggage. Griner, who is playing in Russia during the WNBA offseason, has since been arrested on drug-trafficking charges. His trial began in early July.
A prosecutor at the start of his trial in Moscow accused Griner of intentionally smuggling the drug into Russia. Griner told a court that he had no intention of committing a crime and that it was the result of his hasty packing, state news agency RIA reported. reported Novosti. His defense team told Russian judges that he was prescribed medicinal cannabis for “severe chronic pain”.
The defense hopes that the court will consider the plea as a mitigating factor and that the sentence will not be severe.
The decision to plead guilty was made by Griner alone, a source close to her said. But in recent weeks, Griner, his family, lawyers and experts had widely discussed that decision. Given the 99 percent conviction rate in Russian criminal cases, Griner was urged to weigh all factors, including a plea that could result in a shorter sentence.
Some have speculated that Griner could be released and returned to the United States in a prisoner swap, as was Trevor Reed, an American veteran held in Russia for three years before his release in April.
Still, before any possible prisoner swap, Griner was expected to be convicted and also plead guilty, a senior US official told CNN. Reed had to sign a document saying he was guilty, something he had resisted for most of his arrest, just days before he was let out, the official said.
“Please don’t forget about me”
Many in the WNBA, along with other athletes, coaches and politicians, have called for Griner’s release. Griner wrote a letter to President Joe Biden that was delivered to the White House this month, saying she fears she will be detained in Russia indefinitely.
“I realize you are dealing with a lot, but please don’t forget about me and the other American detainees. Do everything you can to bring us home,” Griner wrote. “I voted for the first time in 2020 and I voted for you. I believe in you. I still have so much good to do with my freedom that you can help take back.”
Griner has some fans in Russia, where she played during the WNBA offseason. A former teammate along with the manager of UMMC Yekaterinburg — the team Griner played for in western Russia until her contract expired after she was arrested — testified at a hearing previous
“Brittney has always been a good teammate, so my role here is to support her and be there for her,” team captain Evgeniya Belyakova said after the hearing.
Belyakova, a former captain of the Russian national team, added: “We really miss her and her energy. I was very happy to see her. I hope the process ends soon and ends well.”
This story has been updated with additional news and background information.
CNN’s Niamh Kennedy, Abby Phillip, Dakin Andone and Alaa Elassar contributed to this report.