cannabisnews.com: Give Pot-Case Files To Prosecutors, Judge Orders Give Pot-Case Files To Prosecutors, Judge Orders Posted by FoM on November 14, 2001 at 08:58:45 PT By Denny Walsh -- Bee Staff Writer Source: Sacramento Bee A federal District Court judge in Sacramento has overruled a magistrate judge's order on how prosecutors must handle at least 6,000 client and patient files seized from an attorney-physician couple who advocate the medical use of marijuana.U.S. Magistrate Judge Gregory G. Hollows last month ordered prosecutors to use an independent, court-appointed special master to review the files and determine which of them the government could legally access. He also ordered that the special master segregate initial-visit questionnaires and medical records of the clients and patients and return those documents to the couple. But U.S. District Judge Garland E. Burrell Jr. overturned both orders, ruling that the evidence supports the prosecutors' contention that they are entitled to review all the documents, including computer-generated files.Burrell approved the government's request that Thomas Flynn, chief of the appellate section of the U.S. attorney's office, supervise a "taint team" to weed out and return "inadvertently seized" documents not covered by the search warrant.Attorney Dale Schafer and his wife, Dr. Marion "Molly" Fry, challenged a search of their California Medical Research Center in the El Dorado County town of Cool. They asserted that their communications with clients and patients are privileged.In addition to the center's offices, raids by drug agents Sept. 28-29 included the couple's nearby Greenwood home and a storage unit in Cool. A U-Haul truck took seized computer and hard-copy files to Sacramento, where they were placed in the custody of the federal court, pending a ruling on the legality of the search.Schafer and Fry have yet to be formally charged with a crime, but Drug Enforcement Administration agents alleged in an affidavit in support of search warrants that the lawyer and doctor were unlawfully prescribing cultivating and selling marijuana.Hollows noted in his order the prosecution's theory that distributing or possessing marijuana is a federal crime regardless of claimed medical necessity."Because the government need not produce evidence of various afflictions in its case, the (medical records are) not relevant," Hollows wrote. "Moreover, even if tangentially relevant because an accused may attempt to present a defense based on the overruled medical necessity theory, the sensitivity attached to such documentation on account of medical or personal privacy weigh against a needless production and dissemination at this stage of the proceedings.But Burrell decided giving things back to Schafer and Fry could weaken a case against them. "It is premature for the court to determine the ... value of this evidence to the array of federal crimes that could be involved," he wrote.As for a special master, there is no need for one "because there is no indication that the businesses were engaged in any lawful business," Burrell found. Thus, he ruled, the special investigative restrictions prescribed in case law and imposed by Hollows are unnecessary.Schafer's attorney, J. David Nick of San Francisco, immediately notified Burrell that he will take the matter to the 9th U.S. Circuit Court of Appeals. Nick could not be reached for comment Tuesday.In support of his conclusion that there is no legitimacy to the couple's operation, Burrell cited these allegations in the DEA search warrant affidavit:* The Medical Research Center's advertised Web address is -- http://www.cannabisdoctor.com/* When an undercover agent telephoned the center and asked if Schafer could represent him in a car accident case, the agent was informed that "Mr. Schafer only does medical marijuana and refers all other matters to an attorney in Placerville."* An informant who is trading information for leniency in his own case told a DEA agent that during the time the informant was employed by Schafer and Fry, they supplied certificates for clients who sought to justify marijuana possession under the Compassionate Use Act, a ballot measure passed by voters in 1996 that permits Californians to employ pot therapy when recommended by a doctor."In light of the nature of the business, the law enforcement officials may review the seized items," Burrell ruled. He ordered the material turned over immediately to the DEA.Source: Sacramento Bee (CA)Author: Denny Walsh Published: Wednesday, Nov. 14, 2001Copyright: 2001 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htm Pot Clubs Bracing for DEA Crackdown http://cannabisnews.com/news/thread11333.shtmlUS Marijuana Clinics Raided in Crackdown http://cannabisnews.com/news/thread11328.shtml The Feds Crack Down -- on Medical Marijuanahttp://cannabisnews.com/news/thread11283.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #11 posted by 7777 on November 15, 2001 at 01:48:43 PT 4d is outside normal and his message may be depressing,and alarming,(if you believe it),but,even though I am a close associate of the 4d,and a dues paying member of the FourDQ7 Society for Wreckless Outspokenness and Dangerously Careless Or Ill Advised Postings On A Monitored Internet,(aka;SWODCOIAPOAMI),,,I still gotta say,that now is the time to speak out.It wont be long,till you will not be able to speak out.Free speech on the internet,will soon be a thing of the past.Think about how quickly things have changed in the last few months,and you will realize how quickly things can change in the months to come. How could anyone be blamed for thinking 4d is merely a purveyor of sensationalistic ramblings?People are bored with offbeat conspiracy theory crap,and many have been numbed by gong-bangin' freaks like 4d,,who once claimed that his Dog was warning him of an impending earthquake in LA. I have often thought that 4d may be out on some weird trip,of attempting to be an "I told ya so" freak....but one of these days he will score,and it will not be pretty,,nor will it make him happy.... If nothing else,I hope you found all this to be somehow curiously interesting. [ Post Comment ] Comment #10 posted by dddd on November 14, 2001 at 22:59:51 PT ...dont read this.....it aint pretty... ...I'm sorry to say,,,in my own sick way,,,,that the situation in this article,could be seen as someone driving down the road,and going over a pebble,compared to driving into a large tree.In the newly mandated laws concerning the world of federal law enforcement,this situation is dwarfed by the "war on terror" laws.............It is becoming almost insignificant nowdays,to worry about such intrusive legal exchanges as described in this article,, because federal law has advanced to the point where it can trump any of the wimpy state laws.....The WoDs,doesn't really matter anymore....It is no longer that important!. Most any,or all arguments concerning states rights,or individual rights,can be easily negated by the new federal regime,and their radical,and fraudulent new anti-terror laws........It wont be long,before any,and all drug "offenders", will be covered under federal anti-terror laws....The time will come soon,when all the new absurd laws that were made for terrorists,will apply to anyone busted for drug offenses......The "War on Drugs" is over,,and we have lost......sad,,but kinda true.........The "War on Terror",is like the Mother of all War on drugs.... The "War on Terror" swallows the WoDs,like a shark gobbling up a minnow.....The WoDs is almost harmless in comparison to the new WoT.....In the last few months,,we have entered the "Theatre of the Absurd"... Not many Sheeple,or people know what exactly has happened,,,but it's way worse than you think!!!.. Gong..Gong ..Gong.....Gong.........yes,,,that's me,,4d,the verbose sounder of the alarm,ringin' the gong in the town square,no longer concerned about being viewed as a radical idiot,banging the gong,,,,,no longer worried about annoying people,,,,,,,proudly banging the gong,warning one and all of impending peril....If you're not scared shitless,,then it's time to wake f*cking up!...............try to stay happy....dddd [ Post Comment ] Comment #9 posted by lookinside on November 14, 2001 at 19:16:52 PT: personally... i'd like to post judge burrell's home phone number and address on here...anybody have any ideas about how to obtain them?he obviously feels he is a god... [ Post Comment ] Comment #8 posted by i420 on November 14, 2001 at 17:43:09 PT kill a prohibitionist for mommy Well i for one don't forgive this judge one bit i couldn't sum it up any better than this 80 year WW2 veteran who signed the PRA petition in Michigan and said anyone who arrests anyone for marijuana oughta be shot... i couldn't agree more noone is holding a gun to cops heads tellin them to go out and bust pot smokers... or are they???? [ Post Comment ] Comment #7 posted by xxdr_zombiexx on November 14, 2001 at 14:34:04 PT Rubber Stamps and Jackboots Any thing you want to say before we pronounce you guilty? (We don't CARE!)Yer Guilty....Next....Yer Guilty....Next....Yer Guilty....nextFREEDOM ENDURES [ Post Comment ] Comment #6 posted by Jeaneous on November 14, 2001 at 14:04:08 PT: Not surprising I am not surprised at the game this judge plays. He was the same one in B.E.'s trial. Talk about an evil man! I don't kow how to help this doctor and her husband, someone tell me how. I can't stand to feel helpless to help.In my case I'm waiting for the feds to come after me. I guaranty that my name brings up flags. I already had one letter referred to the FBI that I wrote to the DOJ.The thing is, my doctor is a specialist and I figured I should warn her of the DEA possibly coming to seize my records. Her attitude is let them come. As she said we are going by the law and she has proof. I would agree to let them view my records if it would help them understand.I want them to see the validity of medicinal marijuana. I want them to see that it is not just "pot doctors" that recommend marijuana. That Medicinal Marijuana is NOT a HOAX. If them delving into my record will help prove our point I would gladly let them.I have been so drown in thought that I have not been able to write no less think of any comments. I still have not been able to sort much out other than I want to end this war on patients in our State and our Country. I want to do my best against the federalization of our Nation that is occurring. I want our country to survive and be as Free as what we are told.So many wants and no knowledge of how to obtain it.*The More Laws-The More Criminals* [ Post Comment ] Comment #5 posted by bad puppy on November 14, 2001 at 14:01:57 PT: if it looks like fascism and smells like fascism.. There is a very disturbing trend in America these days. This 'free and democratic' system has always favoured the rich and power hungry, but only in the wake of recent events has the government openly tried to secure more power over the civilian population, especially when it comes to law enforcement. It would appear to me that most of our leaders are not doing this consciously, as part of some 'evil agenda' but out of blind ignorance. The only game politicians know is 'control', and during times of uncertainty, they seek desperately to control events, and the only way to ensure control is to secure more power. This business of going from one judge to another, untill you find one that gives a favourable ruling, is part of the government's ability to define key concepts in our society. It is the government that defines words like, Justice, Freedom, Terrorism, Drugs, Democracy. In the world of laws, the definitions of these words are not taken straight out of the dictionary, but are decided upon by our leaders to meet their political objectives. These definitions are open to alteration by the government as they see fit. The point is, that the government passes legislation based on definitions that they themselves decide upon. Terrorism, Justice and Freedom are whatever the government say they are. I love Freedom and hate Terrorism. But I know that my own definition of both of those words is far different than the White House's. Freedom to me means not being bound by the decisions of another, and Terrorism means using violence or the threat of violence to enforce or influence the decision making of another. According to my definitions, the government is both a sponsor of Terrorism and a silencer of freedom, but yet can openly claim to be promoting freedom whilst defeating the 'terrorist menace'. It's all because the government is defining these terms, not you and me. Even The Nazis in Germany claimed to be a Democratic State! It's not very hard say 'We are free', that's why leaders are so good at rethoric. As long as people don't experience true freedom, the government's definition of liberty and freedom will not be questioned. That is how they are able to pass fascist legislation in the name of liberty and security. BECAUSE IT'S NOT FASCISM AS LONG AS IT IS IN THE NAME OF LIBERTY AND SECURITY!!!! both concepts of course, are defined strictly by your 'elected' official. Kind of interesting how the word 'elected' can also be defined in several ways. Remember that even Hitler was elected to power in a Democratic system.I know this is a loooooooooooooong post, but the workings of the US government heve become most unnerving. And it frightens me to think that most US politicians have no idea what they are doing and what they are helping to create. It is more important now than ever before to truly 'think outside the box', scrap the box all together, perhaps. History shows us that government control over civilian life is a one way street, and history also shows us that every ideal that we hold today to be self evident, like equal rights, freedom of speech, etc. These were all radical ideas at some point in time. In fact, everything that we take for granted was a radical idea at one point. Maybe Sept. 11 is a wake up call indeed. To wake up and realize that we need fresh and new approaches to living our lives, instead of a more forceful and centralized enforcement of what the government defines as 'normal'.Pay Attention and Explore.-bad puppy [ Post Comment ] Comment #4 posted by p4me on November 14, 2001 at 12:45:40 PT: over the line stupidity It just goes to prove they need to change the laws on marijuana. They also need to protect the doctor-patient confidentiality that was part of the Hippocratic Oath as Hippocrates originally stated it. They need to change the ways judges are elected. It is the lawyers that contribute to their favorite judge. Then when they need to get someone off they just keep getting it delayed until they get their favorite judge. I had an uncle that was an attorney and I used to do his taxes. All his contributions went to judges and only a select few.The economy here around Hickory, NC is terrible. In any recession furniture, textiles, and trucking are the first hit. People can go a long time without buying furniture. In times past textiles would take a hit but most people could get by on unemployment and savings until things picked up. Not so now. People realize that the textile industry is dying and when a plant closes now it is not going to reopen. It is just a question of how many days will it be before the next furniture or textile plant closing or laying off. People are really upset and afraid especially anyone with much age on them and little experience outside their menial job function in the plant.Hickory has always been a place where a person could get a job. In the early 70's they advertized up north for people to come to work in Hickory and Catawba County. Catawba County was blessed to be home to a company like Commscope that made cable for the communications industry and employed maybe 3000 people in Catawba County. The French Company Accutel had a big plant that made fiber optics and is in Claremont in Catawba County. There was another native company that sold out to Corning that made fiber optics. These companies helped make the 100 million miles of cable that were put in the ground in the 1990's. And for people that might be interested 90% of the fiber optics that was laid is "dark cable." The cities do not want companies digging everytime they want to lay cable so the major trunk lines were put in place that might take a hundred years to be used. Anyway the cable industry and its high paying jobs are vanishing.Now to come to a point. Many people that have jobs are on short time and still have insurance. In late 2000 nobody saw the downturn coming and many people have payments on cars and whatever. If I had cash I could buy all the valium or whatever I wanted. People need the money and the physicains are glad to give them pills to settle their nerves. It is easy money just to listen for 3 minutes and write a prescription. And those people that got their bottle of pills for $10 are glad to sell them for cash in order to stay afloat. The doctors are going Ka-ching and the pill industry is going Ka-ching. The companies are going broke. Does the DEA try to stop this? No, because the main function of the DEA is to keep the price of marijuana high. They are not so much interested in catching people with marijuana as they are about scaring people into not growing it and lowering the price. I remember back in the eighties thinking I better work Saturday so I have some money to buy pot. That is all they really care about is having a high price that forces people to work. If they let people grow it they would just stay home on Saturday and tend their garden. If anybody saw the first Frontline piece on PBS on marijuana, they had the Georgia farmer that got busted say that all the police wanted was to keep the price up.I mean if I wanted to grow marijuana I know that I can beat anything in court with enough money if I only have a few plants. It would be the general public that I would be afraid of because they wouldn't mind breaking into my house knowing I could not report it to the police. It is all bullsh**. I do not claim to know everything but I know bullsh** when I see it. This is all bullsh** and it needs to change. There are real problems. There are thousands of people in Catawba County that have been out of work and their unemployment is running out. People need to be retrained and the real people with substance abuse need help.There is only one public place that I know of in North Carolina that treats alcolism and that is Black Mountain and you cannot get in because of the line. They could forget about all the other substance abuse problems entirely and focus on alcolism and improve the quality of life for us all. Alcohol creates more problems than everything else at least until the introduction of estcasy. For goodness sakes, almost all people have enough sense not to do heroin. It is alcohol that is pushed on every big sporting event on television and look at the warning label on a bottle of beer.Stop the bullsh** and get real. And taking peoples medical records, I will never forget that. Bastards.Vote against all incumbents. Buy someone you love a vaporizer [ Post Comment ] Comment #3 posted by Gary Storck on November 14, 2001 at 12:03:54 PT Same judge who sentenced B.E. Smith Burrell is the same judge who wouldn't let MMJ activist B.E. Smith use a medical defense for cultivating 87 plants, and sentenced him to 27 months back in 1999.From an article at URL: http://www.mapinc.org/drugnews/v99/n815/a07.html Pubdate: Fri, 06 Aug 1999CALIFORNIA MAN SENTENCED AS FEDS HIT MEDICAL MARIJUANASACRAMENTO, CA ( Reuters ) - A federal judge Friday gave the longest possible prison sentence for the offense to a Vietnam veteran who had claimed that his ``medical'' marijuana crop was legal under California state law.U.S. District Judge Garland Burrell sentenced 52-year-old B.E. Smith to 27 months in federal prison, the first such sentence since California voters passed the ``Compassionate Use Act'' legalizing medical uses of marijuana in 1996.``Every day I'm in prison will be seen by me as another day in service of my nation,'' Smith said before sentencing. ``I forgive you for what you're about to do to me."A really great American, that Judge Burrell! (heavy sarcasm) Is My Medicine Legal Yet? [ Post Comment ] Comment #2 posted by Ethan Russo MD on November 14, 2001 at 10:05:52 PT: I'm Not a Judge, But---- This guy's legal reasoning if totally faulty, and flies in the face of the facts when he claims "the overruled medical necessity theory." The Supreme Court disallowed cannabis distribution by clubs, but never addressed medical necessity with respect to individuals. In fact, the dissenting group pointed out this very fact. Individual patients are facing prosecution under his ruling. In their extremist ardor to root out the evil weed, the seeds of the goverment ideologues' own destruction are being sown. Sooner or later, this outrageous government excessiveness will be slapped down. A little public outrage might help, as well. [ Post Comment ] Comment #1 posted by herbdoc215 on November 14, 2001 at 09:49:15 PT: Can no one else see the big picture? The gov't has proven they have the ability to 'shop' for a judge until they find one who will rule as desired. How much longer will we try to change their system, playing catch-22 games to gov't delight. I have opted out of their whole dam system, as all of you should. Only by the numbers of us fleeing the US for our lives becoming public knowledge can we show this cruelity to the world. Amerika has jumped the track and only through a radical shift in thinking can we reverse many of the alarming trends being fosted upon the lower classes to reduce rights. We must revolt against this new machine. Is it already too late? Steven Tuck [ Post Comment ] Post Comment