As
you probably know, I was tried in 2003 for providing
marijuana starter plants to medical marijuana distribution
centers. The exact charges were manufacture, providing
a place to manufacture and conspiracy. The jury found
me guilty on all three felony counts.
Within
four days of the trial eight of the jurors repudiated
the verdict. After leaving the jury box they learned
the whole truth. They had not been allowed to hear that
I was appointed as a City Officer empowered to provide
patients with medical marijuana. Jury members told the
media that they felt that they had been used and worse.
One of the jurors revealed that she had consulted a
lawyer about the trial while she was a juror.
After
considering all the facts of the case the judge sentenced
me to one day in prison, time served. I appealed the
convictions on three grounds: improper actions by the
juror, the fact that I was a city officer should have
exempted me from prosecution under federal law and that
even if I was not protected I had been led to believe
I was by proper authorities and thus should be free
from prosecution under the rules of estoppel, that is,
when a person is advised by the government that his/her
actions are legal, they shouldn’t be arrested even if
the individual was ill-advised.
The
9th circuit reversed the conviction on the
basis of a juror’s fear of voting against the judge’s
instructions and held that I could be re-tried. The
trial was set for late October. However, just a few
weeks ago the prosecutor filed a superseding indictment
charging me with 14 counts including filing false tax
returns, money laundering $1,800 as well as manufacturing
and conspiracy. The sentencing structure for this case
could put me away for the rest of my life. I don’t plan
to lose this case.
Just
as it is for me, this is an extremely important case
for the government. The Bush regime hopes that winning
this case will give them a pass to attack all providers
functioning under the California Medical Laws, as well
as decimating progress made in the other states with
medical marijuana laws. As you may know, the federal
authorities closed all of the medical facilities in
San Diego in September. In October they closed a few
facilities in rural areas of California as well as San
Francisco and in Los Angeles. Now in late January they
are on another rampage in southern California.
My
success, not guilty verdicts, will send a message to
the government that the public will not tolerate federal
interference in state medical programs. It will be a
major setback for the government’s efforts to contain
the medical marijuana phenomenon
I
have recruited an extremely well qualified and dedicated
legal team to work at a reduced rate. Even so we will
need funds for court expenses as well as publicity.
This is a critical moment and I am reaching out to my
friends, to political activists and to all who have
voiced concern about this issue as well as those concerned
about my well being. Please help me fight these laws.
Give me the tools so I can win this battle.
The
first trial cost over $350,000 and used up most of my
savings. It left me in a critical, vulnerable position
financially. I don’t have the money to finance this
trial. Help me win this battle so to protect medical
marijuana users and dispensaries throughout the state
and country.
To
be honest, my experience in asking readers to help out
the marijuana movement financially has been a failure
in the past. Almost all of you will read this, sympathize
with my position, and then turn the page, thinking that
it’s not your concern. However, the outcome of Marc’s
extradition hearings and my trial will have a direct
impact on your lives. These are cutting edge cases that
the U.S. government is attempting to use to intimidate
activists in their battle against marijuana. You can
help turn the tide by making a generous contribution
to Green-Aid.com . Green-Aid is a tax deductible non-profit
organization that with a goal of challenging the laws
using tipping point court cases.
This
case will cost about $300,000. I am asking everybody
who values their relationship with marijuana to contribute.
Are there 300 people reading this letter who value changing
the laws as much as a quarter lb.? Or a thousand people
who are willing to contribute the value of one ounce?
If you can’t afford that, you could give the equivalent
of a quarter ounce. Please help.
With your
help, these
laws are doomed!
Stay free,
Ed.-