cannabisnews.com: Medical Marijuana Trial on Hold 





Medical Marijuana Trial on Hold 
Posted by CN Staff on June 28, 2002 at 08:01:56 PT
By Chris Rizo - Capitol Correspondent 
Source: Chico Enterprise-Record 
The federal prosecution of a north state medical marijuana dispensary operator stalled Thursday amid concern that the due-process rights of defendant Bryan James Epis were violated. The case against Epis, the first federal criminal case involving a cannabis buyers' club, has intensified already-growing tensions between the federal government and local advocates who point to a 1996 voter-approved state law that allows the use of medically-necessary marijuana for the seriously ill. 
In an unforeseen motion calling on U.S. District Judge Frank C. Damrell Jr. to dismiss the case accusing Epis of conspiring to grow at least 1,000 marijuana plants near a Chico school, high-profile defense attorney J. Tony Serra argued his client was not arraigned on the charges for which he now faces. The mix-up presumably comes as the result of several federal indictments that were submitted over a period of five years. Serra asserts his client was not charged with the last indictment, which he claims superseded the previous two complaints. "The U.S. attorney wanted my client so bad that they forgot something as fundamental as arraigning him," Serra said after Thursday's half-day hearing, which the prosecution spent outlining its evidence against Epis.Because the call for dismissal came after the trial officially began and evidence was already presented, there comes into play the question of whether a new trial would expose Epis, 35, to double jeopardy. If convicted, he could face a mandatory 10-year federal prison sentence stemming from charges that he conspired to grow at least 1,000 pot plants and grew at least 100 plants near Chico High School. A law school graduate and co-founder of the Medical Marijuana Caregivers in Chico, Epis contends he began operating the local cannabis buyers' club after state voters approved Proposition 215, which allows for the medical use of marijuana with a physician's signed recommendation. Asst. U.S. Attorney Samuel Wong maintains Epis was growing pot before passage of Prop. 215, and that he ultimately hoped to glean huge profits from his operation, as shown by a multi-year business plan that was seized by federal agents. Serra, a famous San Francisco defense attorney, quickly scoffed at Wong's claims, calling them specious. "My client is not ashamed of cultivating because ... what he was doing was a good thing, not a bad thing," Serra said. "My client has no motive of greed. The evidence will show he had no need for money," Serra continued, pointing to Epis' family wealth. Upon ordering the trial recessed until Tuesday, when the status of Epis' arraignment can be determined, Judge Damrell said the lack of Epis' arraignment was "not conclusive, but pretty persuasive." "I hope that this trial hasn't been a total waste of time and money, but I suspect that it may have been," Damrell said. Only a day earlier, the court was forced to comb a second pool of prospective jurors after dismissing a potential panel that was tainted by pro-medical marijuana, anti-jury protesters dispensing leaflets outside the court building. Complete Title: Medical Marijuana Trial on Hold Amid Arraignment GlitchSource: Chico Enterprise-Record (CA)Author: Chris Rizo - Capitol Correspondent Published: June 28, 2002Copyright: 2002 The Media News GroupContact: letters chicoer.comWebsite: http://www.chicoer.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmLegal Glitch Halts Pot Trialhttp://cannabisnews.com/news/thread13246.shtmlJurors in Medical Marijuana Case To Be Shieldedhttp://cannabisnews.com/news/thread13241.shtmlJury is Chosen in Testy Pot Trialhttp://cannabisnews.com/news/thread13240.shtml
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Comment #10 posted by FoM on June 29, 2002 at 11:39:58 PT
Editorial - Jurors Not Fully Informed
Source: Chico Enterprise-Record (CA) 
Published: June 29, 2002
Copyright: 2002 The Media News Group
Contact: letters chicoer.com
Website: http://www.chicoer.com/Monday, at the Sacramento Federal Courthouse, the first federal case involving a medical marijuana cooperative began. Forty-two prospective jurors were dismissed due to jury contamination. Allegedly, one of the reasons for contamination was a piece of literature handed to all passersby, regarding our rights as jurors to vote our conscience.In a trial by jury, the judge's job is to provide neutral legal advice to the jury, beginning with a full explanation of a juror's rights and responsibilities. But judges only rarely "fully inform" jurors of their rights, especially their right to judge the law itself and vote the verdict according to conscience. They regularly assist the prosecution by dismissing any prospective juror who will admit knowing about this right.Trial by jury is part of our Constitution and Bill of Rights. Juries can nullify or veto a law. However, a 1895 Supreme Court decision held that jurors need not be told their rights.Our government is "of, by and for the people." America's founders realized that trials by juries of ordinary citizens, fully informed of their powers as jurors, would confine the government to its proper role as the servant, not the master, of the people.John Adams: "It's not only a juror's right, but his duty, to find the verdict according to his best understanding, judgment and conscience, though in direct opposition to the direction of the court."For more information, you can contact the Fully Informed Jury Association, at http://www.FIJA.org- Carlyse North, Paradise
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Comment #9 posted by 2Spooky on June 29, 2002 at 07:57:53 PT
hahaha!
I love it when the BadGuys screw up and have to eat one =).
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Comment #8 posted by FoM on June 28, 2002 at 11:23:24 PT
Zero_G 
That's ok. I didn't want you to think I missed it. I'm not sure if people use the search tool or not but it updates daily. What gets posted today appears tomorrow. Here it is!http://www.cannabisnews.com/search/
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Comment #7 posted by Zero_G on June 28, 2002 at 11:10:10 PT
guess i missed it
the other day. it is so hard to keep up these days.
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Comment #6 posted by FoM on June 28, 2002 at 11:06:58 PT
Here's the one from C News too
I really feel bad about this. I sure hope he doesn't have to go to jail. That's so wrong. Just so wrong.
Governor Candidate Guilty on Marijuana Charges
http://www.cannabisnews.com/news/thread13237.shtml
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Comment #5 posted by Zero_G on June 28, 2002 at 11:00:27 PT
Jonathon Adler found guilty
Prosecutor asks for jail, sentencing sheduled for Aug.http://www.mapinc.org/drugnews/v02.n1174.a03.html
for article
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Comment #4 posted by E_Johnson on June 28, 2002 at 10:44:42 PT
You'd think Ashcroft would get the point
The feds must be feeling frustrated now.Assuming that they feel, period.That could be a wrong assumption with Ashcroft, who is reputed to be much like yond Cassius in his demeanor:CAESARLet me have men about me that are fat;Sleek-headed men and such as sleep o' nights:Yond Cassius has a lean and hungry look;He thinks too much: such men are dangerous.ANTONYFear him not, Caesar; he's not dangerous;He is a noble Roman and well given.CAESARWould he were fatter! But I fear him not:Yet if my name were liable to fear,I do not know the man I should avoidSo soon as that spare Cassius. He reads much;He is a great observer and he looksQuite through the deeds of men: he loves no plays,As thou dost, Antony; he hears no music;Seldom he smiles, and smiles in such a sortAs if he mock'd himself and scorn'd his spiritThat could be moved to smile at any thing.Such men as he be never at heart's easeWhiles they behold a greater than themselves,And therefore are they very dangerous.
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Comment #3 posted by John Tyler on June 28, 2002 at 09:53:52 PT
The Feds...
are so eager to get a conviction in their oppressive Drug War they don't even follow their own laws..."defense attorney J. Tony Serra argued his client was not arraigned on the charges for which he now faces". 
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Comment #2 posted by JHarshaw on June 28, 2002 at 08:47:14 PT
Reality Check
Current U.S. federal law states that cannabis has no legitimate medical use....I wonder what colour the sky is in their world?
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Comment #1 posted by Zero_G on June 28, 2002 at 08:15:32 PT
Doh
"I hope that this trial hasn't been a total waste of time and money, but I suspect that it may have been," Damrell said. This trial is not only a waste of time and money, it is an affront to humanity, as are all cannabis prosecutions.
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