cannabisnews.com: Jurors in Medical Marijuana Case To Be Shielded Jurors in Medical Marijuana Case To Be Shielded Posted by CN Staff on June 27, 2002 at 10:44:31 PT By Chris Rizo - Capitol Correspondent Source: Chico Enterprise-Record Amid concerns that protesters outside Sacramento's federal courthouse could compromise the prosecution's case against the operator of a Chico medical marijuana dispensary, a federal judge has ordered that jurors be transported to his courtroom from an undisclosed, remote location before each session. This week's two days of peaceful protests were spurred by U.S. District Judge Frank C. Damrell Jr.'s decision denying defendant Bryan James Epis the use of a medical marijuana defense, in which Epis alleged federal offenses could be lessened by the circumstances in which they were committed. In this case: compassion, supporters say. "Us patients are out here for a reason: We have convictions about this, and it's not just out of medical necessity, it's our spiritual and political convictions," said protester Mike Rogers of Cohasset, who faced similar cultivating charges in 1999, but was acquitted in state court two years later. Pointing to a recent U.S. Supreme Court decision, Judge Damrell refused the defense an opportunity to base its case on a medical marijuana defense to explain away Epis' conduct of providing pot to seriously ill patients. "The Supreme Court is crystal clear on this issue," he said. "No medical marijuana defense will be allowed." At the center of controversy is state Proposition 215, the 1996 voter-approved ballot measure that allows the medical use of marijuana with a physician's signed recommendation. Federal law, however, conflicts, forbidding the use of cannabis products, including pot, for any purpose. "We are here showing our support for medical marijuana clubs, protesting so the federal government recognizes that (California) voters approved Prop. 215 in 1996," said "Medical Mike" Nelson of Paradise, a member of the Butte Alliance for Medical Marijuana in Chico. In a four-count federal indictment, Epis is accused of conspiring to manufacture at least 1,000 marijuana plants near a school - Chico High School - a crime which carries a mandatory 10-year prison sentence. He is also accused of manufacturing 100 plants, which carries an obligatory five-year federal prison term. But Epis, who says he uses marijuana for neck pain resulting from a near-fatal traffic crash, argues he had the right to dispense marijuana to seriously ill patients, who came to him with written permission from their doctor -- stipulations, which he argues, are affirmed by the electorate. "We crossed all of our Ts, dotted all of our Is," Epis said of his organization, the Medical Marijuana Caregivers, which he co-founded in Chico."We did all the things that Prop. 215 requires. We were even in the process of setting it up as a non-profit organization," he said. Even though he was indicted in 1997, Epis said in a court recess interview Wednesday that he was not charged until January, after he refused Asst. U.S. Attorney Samuel Wong's offer of four years in prison in return for pleading guilty to growing 100 plants. Epis maintains that Wong's predecessor on the case offered him four months house arrest if he pled guilty, not the 10 years Wong now seeks. On Monday, concerned that a potential jury pool was tainted by pro-medical marijuana, anti-jury leaflets, Damrell dismissed a prospective panel, subsequently seating an official jury Wednesday, and ordering them not to speak about the case. Justifying his decision to bus jurors, Damrell said if they see the leaflets or banners displayed along Sacramento's busy "I" Street, it could "chill their objectivity" and "erode their impartiality." While prosecutor Wong sought a gag order to prevent the case from being "tried in the press," the judge denied the request, but admonished jurors to remained silent. "If the jurors see that there is a mandatory (10 year) sentence, I don't see how the government can receive a fair trial," argued another federal prosecutor, calling on Damrell to further shroud jurors from that message. While Epis' attorney, the renowned barrister J. Tony Serra, denied the 35-year old Chicoan and law graduate had any control over the protesters, Damrell said Wednesday that it seems to him that "there is a degree of control," which if proven could exacerbate Epis' legal troubles. "If there is a connection, this is building up into a serious matter ... of criminal contempt," Damrell warned. The court will hear opening arguments today.Complete Title: Jurors in Chico Medical Marijuana Case To Be Shielded from ProtestersSource: Chico Enterprise-Record (CA)Author: Chris Rizo - Capitol Correspondent Published: June 27, 2002Copyright: 2002 The Media News GroupContact: letters chicoer.comWebsite: http://www.chicoer.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmJury is Chosen in Testy Pot Trialhttp://cannabisnews.com/news/thread13240.shtmlJudge Tosses Out Pot-Case Panelhttp://cannabisnews.com/news/thread13220.shtml Home Comment Email Register Recent Comments Help Comment #14 posted by John Markes on June 28, 2002 at 00:56:28 PT thanks releafer... I'm glad they're getting it and I hope it helps. There are several such interesting options in federal law. John Markes The Alliance for Reform of Drug Policy in Arkansas [ Post Comment ] Comment #13 posted by releafer on June 27, 2002 at 19:00:18 PT Thanks John Markes............. I know the defense team for Epis...I passed along your information...good work!! [ Post Comment ] Comment #12 posted by FoM on June 27, 2002 at 16:48:12 PT Died from Natural Causes The Who Bass Guitarist John Entwistle Found Dead Posted on Thu, Jun. 27, 2002 LAS VEGAS (AP) - John Entwistle, the bassist for the innovative 1960s rock band The Who, was found dead Thursday in his hotel room, MCA Record officials and the Clark County Coroner's Office said. He was 57. Entwistle stood out because he played without emotion, a stark contrast to the antics of lead guitarist Pete Townshend and lead singer Roger Daltrey. The group, in the midst of a U.S. tour, was scheduled to play at the Hard Rock Hotel-Casino. Entwistle died of a heart attack, ``nothing suspicious,'' Clark County fire spokesman Bob Leinbach said. Robert Rosenberg, manager of The Who, said he was ``saddened and shocked'' by news of Entwistle's death. The Who were the voice of a new breed. Their concerts were literally explosive -- a fusion of audacious acrobatics, martial precision and high octane rock 'n' roll that blew away audiences and left the stage and their instruments a smoldering wreck. The first-generation English rockers, born in London in the wake of The Blitz of World War II, exploded onto the charts in the 1960s. The Who came together in London in 1964 and were a premiere rock band through the 1970s. Who albums between 1965 and 1982 included ``My Generation,'' ``Happy Jack,'' ``The Who Sell Out,'' ``On Tour: Magic Bus,'' ``Tommy,'' ``Live at Leeds,'' ``Who's Next,'' ``Meaty, Beaty, Big and Bouncy,'' ``Quadrophenia,'' ``Odds and Sods,'' ``The Who by Numbers,'' ``Who Are You,'' ``The Kids Are Alright,'' ``Face Dances,'' and ``It's Hard.'' During a concert at the Rikki Tik Club in England in May 1966, Townshend smacked Entwistle in the head with his guitar; a year later, drummer Keith Moon, at the close of the band's performance on ``The Smothers Brothers Comedy Hour,'' detonated a flash bomb that destroyed his drum set, stunned guests and damaged Townshend's ears. Moon -- the band's original drummer -- lived life to the edge, right up until his untimely death in 1978 in his London apartment at age 31. The remaining members of the band retired in 1982 after a concert in Toronto, but they reunited and had toured frequently in recent years. Their music and voices were even featured on ``The Simpsons'' last year. [ Post Comment ] Comment #11 posted by Zero_G on June 27, 2002 at 16:39:16 PT What Kind of People Are They ? What Kind of People Are They ?When you're hungry and your stomach's feeling thin You find the nearest restaurant and walk right in Says the waiter with a sigh You're not dressed without a tie And you bite your lips to keep the swear words in.What kind of people are they What kind of people are they They've only got their jobs to do That's why they've got it in for you, you.Have you ever sat behind a traffic jam When you'd get there quicker if you walked or ran When you finally get out, at the front of it no doubt You'll find a policeman causing chaos with his hand.What kind of people are they What kind of people are they They've only got their jobs to do That's why they've got it in for you, you .When you park your car in some deserted street Give the parking meter sixpences to eat When the money's been digested You'll find that you just invested In the profits of a traffic warden's beat.John Entwistle - From "Smash Your Head Against the Wall" [ Post Comment ] Comment #10 posted by Zero_G on June 27, 2002 at 16:02:24 PT Don't Get Fooled Again Goodbye John Entwistle, we'll miss you,Now, I'm gonna pick up my guitar and play... [ Post Comment ] Comment #9 posted by FoM on June 27, 2002 at 15:33:34 PT Slide Show - John Entwistle Thanks The GCW for the very sad news. I really liked him. Who Bassist Entwistle Dies Thu Jun 27, 5:52 PM ET LOS ANGELES (Reuters) - John Entwistle, bassist for the rock group The Who, died on Thursday in Las Vegas shortly before the group was scheduled to begin a concert tour, according to Clark County Coroner's office in Las Vegas. He was 57 years old. The cause of death was still under investigation, coroner Ron Flud said. Slide Show: http://story.news.yahoo.com/news?g=events/en/062702entwhistle&a=&tmpl=sl&ns=&l=&e=1&t= [ Post Comment ] Comment #8 posted by The GCW on June 27, 2002 at 15:23:27 PT news Just heard John Entwistle (sp) died in Vegas unexpected a day before lauching their new tour. [ Post Comment ] Comment #7 posted by goneposthole on June 27, 2002 at 15:11:35 PT Mr. Epis He was born in the US of A; that was his first mistake.Then he had a near fatal accident; that was his second mistake.Now, Mr.Epis uses Cannabis sativa as medicine. His third mistake, and his most unaffordable; time to hang him.Too bad, so he must suffer the conseqences.The prosecutor doesn't care what the crime may be, it doesn't matter to him. He is out to get a conviction.The government never makes mistakes. Sieg Heil, America uber alles. Something's Wong. [ Post Comment ] Comment #6 posted by CongressmanSuet on June 27, 2002 at 15:06:20 PT: Good point, Paul... I seem to remember the Supremes did not rule out the use of a medical necessity defense for individuals, just not for the collectives they were trying to destroy. I also remember that the totally evil[one of the king's favorite words] Clarence Thomas was the one who pointed this fact out. Correct me if Im wrong Kap, et. al.Sequestering the jury[its what they really want] in a case like this is the real goal of the nazinarcowarriors, because public opinion is not with them, heavens forbid a jury member sees the archaeic penalty the offender will be given if they vote to convict. Maybe if the defendant just gets up and blurts out his undying devotion to "God" the judge will give him a break.... [ Post Comment ] Comment #5 posted by Industrial Strength on June 27, 2002 at 13:42:29 PT this is sick I wonder if the prosecuters believe their own bullshit? [ Post Comment ] Comment #4 posted by John Markes on June 27, 2002 at 13:31:20 PT A possible defense, pls tell them... There is a possible defense under federal law.Title 21, Section 802 (21)The term ''practitioner'' means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. They qualify as "practitioners" under the jurisdiction in which they practice, California. Please note it says "or" not "and"... So federal law does recognise state law under this... ARDPArk [ Post Comment ] Comment #3 posted by ekim on June 27, 2002 at 12:59:05 PT Seems like Ralph and Harry would be there Messing with a jury, not allowing evidence, taking away states rights all require inteligent debate. What are the rights of juries and where are this mans peers. We have the right to question laws or not which is it. Please Ralph and Harry weight in. [ Post Comment ] Comment #2 posted by Zero_G on June 27, 2002 at 12:03:39 PT Don't that say it all... "If the jurors see that there is a mandatory (10 year) sentence, I don't see how the government can receive a fair trial," argued another federal prosecutor, calling on Damrell to further shroud jurors from that message. There is nothing fair in shielding jurors from the facts. There is nothing fair about mandatory minimums. There is nothing fair about caging humans for plants."If there is a connection, this is building up into a serious matter ... of criminal contempt," Damrell warned. Damrell should be concerned with the level of contempt that the citizens of this state hold for his court and the US Just-Ice system. [ Post Comment ] Comment #1 posted by paul peterson on June 27, 2002 at 12:02:44 PT: CHRIS RIZO IS WRONG-PLEASE TELL HIM THAT! The US Supreme Court did NOT SAY THAT THERE IS NO MEDICAL MARIJUANA NECESSITY DEFENSE FOR MERE USAGE- They only blew away the necessity defense for SALE OR DISTRIBUTION of pot! That is the only claim that was before the US SUPREME COURT! The federal government has NO JURISDICTION TO DECIDE WHETHER 1) a state can pass a medical marijuana "use" statute, because that is a valid "welfare" issue reserved for the states! 2) the feds can only interfere where they find a VALID COMMERCE CLAUSE ARGUMENT (like intrastate sales of this vicious weed called cannabis "affect" interstate commerce - not that I am admitting that it does, just they have at least a foot in the door to argue that!). Where is this going? 3) freedom of speech for doctors to talk about pot with their patients (the 9th circuit is all set to rule on that one) & 4) you guys in California need to adopt the "Oregon" style programs like what I call a "need, seed, feed & weed" program- come in to a patient's house and grow a small quantity there, nothing in, nothing out, then the FEDS CAN'T TOUCH YOU IF YOU HAVE A VALID, SUPPORTABLE MEDICAL NEED! This "jury nullification avoidance system" thingy has got to go, however (JNAS). It's so good to see people picketing a federal court house again, makes me think back to when we had a DESPOTIC WAR GOING ON, AGAINST POOR INNOCENTS THAT HAD NO REAL CHOICE THAN TO LIVE THE WAY THEY DID (Is this deja vu or something I smell?) Oh well, keep up the good work with those pesky "media" things we got out there (still), before the Homeland Security Experts come out with their BUGBOMB SPRAYS, to get these pesky freedoms killed on kontact. PAUL PETERSON 312-558-9999 http://ILLINOIS-MMI.org [ Post Comment ] Post Comment