Later On

A blog written for those whose interests more or less match mine.

Drug laws lead to weird situations

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And weird judicial rulings. Take a look at this transcript of an interview, noting especially this part:

RU: So let’s talk about the recent wrinkle in your medical marijuana case. Why were you re-convicted, and why didn’t you present a defense?

ER: We would’ve liked to have presented a defense. When you’re on trial, you would like to do that. But the judge said he didn’t like our defense. For instance, we wanted to talk about the prosecutor’s RICO relationship with one of the witnesses. But we weren’t allowed to present any of our defenses. One by one, the judge said that we couldn’t present witnesses. For instance, we wanted to present Nate Miley, who had been a city councilperson in Oakland. He would’ve testified that what I was doing was in line with the city of Oakland’s regulations, and that I had been deputized as a city officer. I would’ve brought in Barbara Parker with the city attorney’s office, and she would’ve verified some of those things. And I would’ve brought end users. You know how prosecutors often bring victims in to court? Well, I would’ve wanted to bring in the “victims” of my actions. Those “victims” would’ve been the people who actually received either starter plants themselves, or the marijuana that was grown from the starter plants.

But the judge wouldn’t let me do that. He wouldn’t let me say to the jury that I was an officer of the city of Oakland. I couldn’t testify that I had been deputized to do this and that I had been assured that I was free from prosecution.

RU: You mentioned something about the prosecutor having a RICO relationship with one of the witnesses. What’s that about?

ER: Well, a prosecutor is allowed to give a witness immunity for things that they’ve done. For instance, if somebody’s killed somebody or committed a robbery or something, often they’ll give one person immunity for ratting on the others. But a prosecutor is not allowed to give a person immunity for things that they will do in the future. They can’t say, “Okay, this is a pass for killing one person. You get one free death.” They can’t do that.

So this fellow — Bob Martin — appeared as a witness for the prosecutors and then he continued his medical pot business. He even opened up a second dispensary. He was never bothered. He had a 100,000 square foot grove that was busted by the DEA, but no charges were ever filed. That happened in 2004.

So this guy has a free pass. Basically, each member of this conspiracy was getting something out of it. My prosecutor, George Beven was getting the information — or so-called information that he wanted. And Martin, who owns two dispensaries here in San Francisco, got a free pass. To me, that’s a RICO relationship. And in this case, we don’t have to show any paperwork, meetings, assignments or anything like that. We have actions that actually took place. So I’m initiating a civil suit against this action because their illegal enterprise has cost me a lot of money.

You know, I wasn’t allowed to present these facts in either case. And the jurors were misled, because a half-truth isn’t a truth. A half-truth is a lie. The jury was told that I had distributed this material, but they didn’t hear that I had been told that I was free from prosecution.

That’s an estoppel issue. Let me explain that. Let’s say there’s a red light, but a cop waves you through. Another cop, on the other side, can’t give you a ticket for crossing the red light because you have been told that what you’re doing was legal, right? You’re following the cop’s orders.

So I was told by the city attorney’s office that what I was doing was legal and I was free from prosecution. So even if she was wrong, I should’ve been able to say to a jury, “Hey, look. I was led to believe that what I was doing was legal by an official.” But the judge said, “No. Even though this person is a government official, she can’t testify for you.”

RU: The jury from the first trial was outraged after your conviction when they found out what was actually going on. That was very unusual. Describe what happened with the jury after the trial.

ER: (Medical marijuana activist) Hillary McQuie actually met with the first jury as they came out from the courtroom after the trial. And she told them that she thought they had made a terrible mistake and that they should look the case up. They did. They found out the truth. They were all dismayed and started calling newspapers. Eight out of the 12 jurors, plus one of the two alternates agreed that an injustice had been done.

RU: I remember when they were in the news, but I can’t remember — did they actually petition the court, or did they release a statement? I remember they were active about their unhappiness.

ER: Three of them became activists for a while, and it changed all of their lives. They learned that they couldn’t trust the government.

You know, the judge was very upset this time when we said we weren’t going to present a defense. But we said, “We have no witnesses left. You’ve eliminated all our witnesses.” He looked down at his list and he realized he’d eliminated everybody except for my wife and myself. So he said, “Well, I’ll tell you what. I’ll let you say anything you want to the jury. I’ll let you talk to the jury, unimpeded. I’m not going to say anything to the jury while you’re talking. I’m not going to interrupt you.” And I said, “Okay, that sounds pretty good, but I want corroborating witnesses.” And he said, “Oh no, I’m not going to allow you to have your corroborating witnesses.” I said, “Well, you’re going to allow me to give my theory of the case, but your not allowing me to corroborate it. This is insane.” And I basically said that I was not going to play the game in his Stalinist show trial. I wouldn’t be a part of it. The entire transcript is online at the Green-Aid website.

Read the entire transcript.

Written by LeisureGuy

11 September 2007 at 9:36 am

Posted in Daily life, Drug laws

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