cannabisnews.com: Legal Gaffe No Barrier To Pot Trial
Legal Gaffe No Barrier To Pot Trial
Posted by CN Staff on July 02, 2002 at 09:01:03 PT
By Denny Walsh -- Bee Staff Writer
Source: Sacramento Bee
A Sacramento federal judge decided Monday that the marijuana-growing trial of Bryan James Epis will continue, even though he has not entered a plea. U.S. District Judge Frank C. Damrell Jr. ruled that the lack of an arraignment did not prejudice Epis because he and his attorneys knew of the grand jury indictment that replaced one with essentially the same charges, to which he pleaded not guilty.Defense lawyers and the prosecutor blamed each other for the procedural mix-up but, without fixing blame, Damrell denied a defense motion to dismiss.
"If there ever was a good definition of harmless error, this is it," Damrell found. "It is clearly not prejudicial to Mr. Epis."The judge then moved on to a subject that won't go away in this trial -- people outside the courthouse expressing support for the medicinal use of marijuana.The federal government, unlike California, does not recognize medical necessity as a defense in a criminal prosecution, and Assistant U.S. Attorney Samuel Wong contends the 35-year-old Epis, charged with growing at least 100 plants, was motivated strictly by profit.Epis, on the other hand, insists he was cultivating pot for sick people who were patients at a Chico dispensary that he helped establish.Fermin "Ed" Aldana, an Esparto pot grower, handed a small flier to people approaching the courthouse Monday morning. It was titled "Americans for Safe Access," which is a pro-medical- marijuana organization whose members ran afoul of federal authorities Wednesday for handing out a pamphlet and picketing outside the building.A drawing of a marijuana leaf on Monday's flier and information about the time and place of ASA meetings were marked over with a black pen and the word "censored" was printed at the bottom of the sheet.Damrell said he had received a copy of the flier and resented the implication that he was somehow infringing on the rights of the protesters.He reiterated a statement made from the bench Thursday that he has issued no orders curtailing their activities."Their First Amendment rights are inviolate," he noted.He added, however, that both sides in the case "also have a right to a fair trial. They can picket. The law is well established that that is a constitutional right, but they cannot do anything to influence the jury, no matter how well-meaning."This jury will not be tampered with by anyone outside this courthouse, if I have anything to do with it. The case will be decided on the evidence and the law, and not by something jurors read in a handout or see on a picket sign."Felony cultivation charges against Aldana were dismissed by a Yolo Superior Court judge in April after it was shown at a preliminary hearing that his 50 marijuana plants were for people with a doctor's recommendation, in conformance with a 1996 California initiative.After the Monday morning hearing broke up, Mike Rogers was detained by two drug agents because of the T-shirt he was wearing in court. While the agents were chasing Rogers down, Wong asked that Damrell return to the bench, and then told the judge the shirt bears the message, "No Justice."The trial will resume today. Snipped:Complete Article: http://www.sacbee.com/content/news/story/3427643p-4455439c.htmlSource: Sacramento Bee (CA)Author: Denny Walsh -- Bee Staff WriterPublished: Tuesday, July 2, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMedical Marijuana Trial on Hold http://cannabisnews.com/news/thread13247.shtmlLegal Glitch Halts Pot Trial http://cannabisnews.com/news/thread13246.shtmlJurors in Medical Marijuana Case To Be Shieldedhttp://cannabisnews.com/news/thread13241.shtml
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Comment #29 posted by freedom fighter on July 04, 2002 at 00:55:11 PT
The Miracle THC bullet
Just suppose some mad genius invented a THC bullet and fired in the air in celebration of I-day.And by some miracle, it hit Mr. Asscroft."Ladies and Gentlemen, today, I got hit by a THC terrorist, no, I mean a THC farmer. Oh boy, I sure felt bit strange but heck, I am smiling today. Althou, I do not know why I am smiling today. Excuse me while I am listening to my pesky assistant. I hope nothing he says is very important!""Oh gosh!""Oh gawd!, Ladies and Gentlemen, I am sorry. From the bottom of my heart, I apolozied for havin an illegal smile. I'm sorry for covering up the Lady Liberty, yes, I admitted I did tried to arrested her for undressing in the public!""I admitted that I have been abusing the Lady Liberty! After all, she did moon in front of me. She sure looks darn too good for me. I thought it would be offensive to others if I let them knew I love her ass."Smiling sheepish, "Sorry for makin an ass out of the Lady Liberty. Please shoot me dead!"ff
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Comment #28 posted by Joseph M Rogers on July 03, 2002 at 20:44:36 PT:
Drug War Insanity
Let's get back on track with;Gimme some truth by Lennon
Piggies & Not Guilty by Harrisonimagine that...
"A conspiracy of silence speaks louder than words"
Saint John O. Lennon
AND
"A conspiracy of stupidity manifests itself as Amerikkka"
Officer Stoney O'ReeferThis phony drug war really needs to be taken out to the backyard and shot in the head with a THC bullet NOW!
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Comment #27 posted by FoM on July 03, 2002 at 15:34:03 PT
Here's Animal Farm
I read Animal Farm when I was in my early teens and I didn't find reading something I enjoyed at that age but I couldn't put the book down and finished it within a day. I remember thinking my goodness that sounds like the USA but thought no that can't be right but as I got older I began to understand.
Animal Farm: A Fairy Story By George Orwell
MR. JONES, of the Manor Farm, had locked the hen-houses for the night, but was too drunk to remember to shut the popholes. With the ring of light from his lantern dancing from side to side, he lurched across the yard, kicked off his boots at the back door, drew himself a last glass of beer from the barrel in the scullery, and made his way up to bed, where Mrs. Jones was already snoring. As soon as the light in the bedroom went out there was a stirring and a fluttering all through the farm buildings. Word had gone round during the day that old Major, the prize Middle White boar, had had a strange dream on the previous night and wished to communicate it to the other animals. It had been agreed that they should all meet in the big barn as soon as Mr. Jones was safely out of the way. Old Major (so he was always called, though the name under which he had been exhibited was Willingdon Beauty ) was so highly regarded on the farm that everyone was quite ready to lose an hour's sleep in order to hear what he had to say. http://www.ddc.net/ygg/etext/animal.htm
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Comment #26 posted by Industrial Strength on July 03, 2002 at 15:13:40 PT
and...
I commend your attempt at reading Animal Farm at the age of 10...I was 15 when I read 1984 and I'm fairly positive I didn't really understand it, which is why I wish to re-read it.
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Comment #25 posted by Industrial Strength on July 03, 2002 at 15:11:26 PT
one step ahead...
I read "the teachings of don Juan: a Yaqui Way of Knowladge" a few months ago and I actually started "A Seperate Reality: Further Conversations with don Juan" but I laid it down, forgotten until now...Have you read the first one?
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Comment #24 posted by Lehder on July 03, 2002 at 05:43:12 PT
some confusions here
"Lady Liberty" generally refers to the Statue of Liberty which I propose be turned and her buttocks exposed so that she can moon those Americans still preoccupied with "rights" and "liberties." As you can see,http://search.gallery.yahoo.com/search/corbis_id?p=cid%3A11423211Lady Liberty, though she's no ecdysiast, does sport some rather erotic boobs - gifts from the French, you know - and perhaps these are what inspired their maker, Frederic Auguste Bartholdi to boast, "Le reve de mon existence est accompli." The statue which Ashcroft enshrouded at a cost of $8000 is a ten-foot babe called "The Spirit of Justice." Take a look, she's gorgeous:http://news.bbc.co.uk/hi/english/world/americas/newsid_1788000/1788845.stmShe has stood in the Justice Department headquarters, unshrouded and unmolested, since 1934 without giving offense- until Ashcroft showed up. Ashcroft also curtained the matching male statue,which is bare-chested, purportedly for reasons of symmetry or maybe to avoid sexist charges or who knows. Perhaps the trouble is that the male breast is the home of courage, and only yes-men and sychophants are suitable for government service with Bush. Anyway, Ashcroft is indeed a very quirky man, an embarrassment to the entire country.I have often wondered how Ashcroft would fare in a place like Greece, home of the "Grecians," or Italy maybe, or anywhere in Europe where the cities are strewn with marble breasts and genitals that celebrate human form and craft. How many curtains would he need, and how ridiculous would he seem to Europeans?For that matter, how would he do in any US art museum or even Las Vegas? I won $250 one day in Caesar's Palace. Maybe that would be enough to curtain the Statue of David that stands at its entrance should John Ashcroft ever care to try his luck at the tables....Now cursed be the time
Of thy nativity! I would the milk
Thy mother gave thee when thou suck'dst her breast,
Had been a little ratsbane for thy sake!
Or else, when thou didst keep my lambs a-field,
I wish some ravenous wolf had eaten thee!
Dost thou deny thy father, cursed drab?
O, burn her, burn her! hanging is too good.---WS, Henry VI
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Comment #23 posted by Joseph M Rogers on July 03, 2002 at 05:32:54 PT:
solutions not problems
"Possession is 9/10 of the problem."
Saint John O. Lennon"Cultivation is 9/10 of the solution."
Officer Stoney O'Reefer
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Comment #22 posted by dddd on July 03, 2002 at 03:13:25 PT
...Industrial Strength..
...May I recommend "A Seperate Reality",,by Carlos Castenada...........I think this is a cool book...dddd
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Comment #21 posted by Industrial Strength on July 03, 2002 at 02:31:09 PT
I love books
Books are just everywhere here. They dominate this room.I remember for a few years my favorite books to read were the Gold Eagle brand of "action adventure"...Mack Bolan, Able Team, Phoenix Force ect ect...Anyone else familiar with them? Just awful, awful books but I loved them.One thing I didnt realize about Orwell (or Blair) was how funny he could be.
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Comment #20 posted by qqqq on July 03, 2002 at 02:29:27 PT
..ya gotta admit....
..it is somehow rather spooky to think of Lady Liberty,,,blindfolded,,,unaware of her tits being uncovered,,,and then John Ashcroft,,decides to cover the orbs of liberty up!...after,who knows how many years she's stood there. No one else ever complained about these pert,bronze mammarys!!,,,Ashcroft decides to conceal the National Breasts of Liberty!...?
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Comment #19 posted by BGreen on July 03, 2002 at 02:26:15 PT
Boy, I Like The Title Of My Last Subject
He needs to get his pink slip, and not the one he wears.
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Comment #18 posted by BGreen on July 03, 2002 at 02:19:33 PT
Lay off Ashcroft
People made such a fuss about Ashcroft spending eight grand to cover up the naked breasts on the statue, but it makes complete sense to me.Ashcroft wanted to make sure the only boob people look at is him.
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Comment #17 posted by dddd on July 03, 2002 at 02:18:20 PT
...Yes Professor Indy...
...I think reading is something that provides eminent enrichment for the mind,,and a person who takes the time to read,is likely to have an augmented intellect,,,and an embellished command of the language!..
..I remember my first Orwell book was Animal Farm.I was in the 5th grade,,and I always remembered the line; "All animals are equal,,but some animals are more equal than others."
...I amazes me,,,that nowdays to speak about things being "Orwellian",,is almost cliche'!..Orwell had a certain insight into what was to become reality.....I've always kind of thought that the only thing that Orwell was a bit off in,,was naming his book "1984".....1994 would have been closer,,and then again,,,maybe 2004,,,or 2014 would have been more appropiate...in any case,,George Orwell,(Eric Blair) is a legend......dddd
http://www.kirjasto.sci.fi/gorwell.htm
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Comment #16 posted by Industrial Strength on July 03, 2002 at 01:32:26 PT
Orwell
Yesterday as I sat here at the computer, my eyes flittered over the spines of the two-wide stack of books that is piled half way up against the five shelf bookcase and I saw "George Orwell, Decline of the English Murder and other essays". From the essays, I get a more vivid understanding of George Orwell than I possibly could have done from the three books of his I've read so far: 1984, Burmese Days and The Road to Wigan pier. I've seen Keep the Apidistra Flying and Homage to Catalonia kicking around the study and I know Animal Farm is here somewhere if I look...I was too young when I read 1984, I would like to re-read it. Burmese Days is one of my favorite books.
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Comment #15 posted by dddd on July 03, 2002 at 00:34:26 PT
..Excellent Orwell Quote Indy....
....Here's some more....
Totalitarianism demands the continuous alteration of the past, and in the long run probably demands a disbelief in the very existence of objective truth. The friends of totalitarianism in this country usually tend to argue that since absolute truth is not attainable, a big lie is no worse than a little lie. It is pointed out that all historical records are biased and inaccurate, or, on the other hand, that modern physics has proved that what seems to us the real world is an illusion, so that to believe in the evidence of one's senses is simply vulgar philistinism. A totalitarian society which succeeded in perpetuating itself would probably set up a schizophrenic system of thought, in which the laws of common sense held good in everyday life and in certain exact science, but could be disregarded by the politician, the historian and the sociologist. -- George Orwell, "The Prevention of Literature."
"A society becomes totalitarian when it sstructure becomes flagrantly artificial:
that is, when it ruling class has lost its function but suceeds in clinging to power by
force or fraud. Such a society, no matter how long it persists, can never afford to
become either tolerant or intellectually stable. It can never permit either the
truthful recording of facts, or the emotional sincerity, that literary creation
demands. -- George Orwell, "The Prevention of Literature."
...........
.....d....d.....d.....d
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Comment #14 posted by Industrial Strength on July 03, 2002 at 00:19:32 PT
Ashcroft
This is a quote from an essay by George Orwell entitled "Rudyard Kipling"."Kipling was a conservative, a thing that doesn't exist nowadays. Those who now call themselves Conservatives are either Liberals, Facists or the accomplices of Facists."That was in 1942.
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Comment #13 posted by qqqq on July 02, 2002 at 23:27:27 PT
....Lady Liberty....
..."Lady Liberty peeking from her blindfold with a
tear! So sad!
..Lady Liberty was lucky to be able to peek from behind the blindfold!...Last I heard,,she was bound and gagged by her new pimp,John Ashcroft!...yup,,...she was picked up by a Supreme Court limosine,and replaced with an imposter by Ashcroft...the new fake Lady Libertys tits are covered.,,obviously,,an imposter !!!.. I hope that someday soon,,we will once again have the real Lady Liberty back...her tits are more important than anyone imagined.......
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Comment #12 posted by freedom fighter on July 02, 2002 at 22:45:00 PT
What?
"After the Monday morning hearing broke up, Mike Rogers was detained by two drug agents because of the T-shirt he was wearing in court. While the agents were chasing Rogers down, Wong asked that Damrell return to the bench, and then told the judge the shirt bears the message, "No Justice.""Two DRUG AGENTS who should be chasing some smack or meth or some harmful drug kingpins bothered to chased a human being because he wore a t-shirt saying "NO JUSTICE!". Heck, I might as well wear a t-shirt saying, "UNDONE!", AND STILL BE ARRESTED BY THOSE SO CALLED DRUG AGENTS. Lady Liberty peeking from her blindfold with a tear! So sad!ff
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Comment #11 posted by ekim on July 02, 2002 at 20:08:36 PT
whos is profitting from keeping status quo we Know
Wong contends the 35-year-old Epis, charged with growing at least 100 plants, was motivated strictly by profit.Wong asked that Damrell return to the bench, and then told the judge the shirt bears the message, "No Justice."
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Comment #10 posted by Rainbow on July 02, 2002 at 19:59:28 PT
money
How much is this costing us????????
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Comment #9 posted by qqqq on July 02, 2002 at 18:50:28 PT
....*#%$&**#...
..I knew this would happen!..."If there ever was a good definition of harmless error, this is it," Damrell found. "It is clearly not
prejudicial to Mr. Epis."
..yea,,but if such a "harmless error",had occurred the other way around,,it would cease to be a harmless error.
..I'm a really pissed off Californian!
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Comment #8 posted by Joseph M Rogers on July 02, 2002 at 17:55:02 PT:
Bryan Epis trial
This case gets more interesting every day on numerous levels. It is becoming a critically brilliant manifestation of the genius behind the inception of our great country. Therefore, I believe we can truly celebrate this 4th of July with reverence, compassion and humility for "to whom much is given, much is expected" and its probably not to much to ask of anybody in America to get involved in the collective political process and indeed this is happening to the point we can actually experience "Earth as it is in Heaven." The Angels reconvene Wednesday, July 3, 15th floor, courtroom #2, 5th & I Streets, Sacramento, CA.Praise God From Whom All Blessings Grow!
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Comment #7 posted by Jeaneous on July 02, 2002 at 16:14:58 PT:
Jury's
I live in Sacramento County and I can tell ya this will be a hard battle for Tony. I rather expect a guilty, but that enables an appeal, hopefully to the supreme court again.If anyone on here knows what Department this trial is going on in I would appreciate it if you post it. I would like to go and attend the trial.
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Comment #6 posted by E_Johnson on July 02, 2002 at 13:40:47 PT
The voters were instructed too but ooops
The jury will be istructed by the judge that they are ONLY to judge the facts according to the lawThese are the same voters who were instructed by their political leaders to vote no on 215. They didn't follow those instructions.The people on the jury are going to understand what the facts and the law are from their own experience, no matter what the judge tells them.
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Comment #5 posted by Newrea64 on July 02, 2002 at 13:14:16 PT:
Another Legal Gaffe
"This jury will not be tampered with by anyone outside this courthouse, if I have anything to do with it...."
Apparently the judge decided he wants to be the only one manipulate the jury.
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Comment #4 posted by Zero_G on July 02, 2002 at 12:37:39 PT
The jury pool
The jury will be istructed by the judge that they are ONLY to judge the facts according to the law. They will have tried their best to select jurors who will follow orders. They remember O.J.
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Comment #3 posted by E_Johnson on July 02, 2002 at 12:09:17 PT
Has the judge ever considered....
He added, however, that both sides in the case "also have a right to a fair trial. They can picket. The law is well established that that is a constitutional right, but they cannot do anything to influence the jury, no matter how well-meaning.
The jury pool is drawn from the same voters who approved Prop 215 by a wide margin. So um hey judgie -- MAYBE your precious jury members chose to influence themselves on this case on election day back in 1996?Anyone with half a brain in that courtroom is going to know this is a medical case.
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Comment #2 posted by xxdr_zombiexx on July 02, 2002 at 11:28:22 PT
A profoundly important case.
Damrell said he had received a copy of the flier and resented the implication that he was somehow infringing on the rights of the protesters.He reiterated a statement made from the bench Thursday that he has issued no orders curtailing their activities."Their First Amendment rights are inviolate," he noted.Who issued the order? Did a cop just make it up? Was this a verbal manipulation of a street cop by Federal Protective Services?Damrell should demand to know who invoked his name in the violation of their rights.And the Jury has the right to know the mandatory sentence.This is why the Homeland Security and the Military Tribunals bother me so much. Homeland Security wil rationalize the need to move to Civilian tibunals so they dont have to be botherd by Americans...anymore.The Feds have so very much riding on this case, not because of Epis, though. Small game.They want the legal ruling so they can liberally interprest it to futher their plan to take over power form all states.Why is this not in the mainstream media? Tim Brokaw, Dan Lather, Pedro Jennings, Ronnie Chung, Renaldo riviera..one of these famous people should be telling me about this so I dont have to scour te net to find it.Its a huge case.
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Comment #1 posted by p4me on July 02, 2002 at 09:36:03 PT
Colin Davies arrested twice
Colin was arrested first for being in his flat which was a violation of his parole. He was not allowed to even be in Stockport. A buddy of his was arrested with him for possession and both were released this Tuesday morning it appears from reading the DE messageboard. Then Colin got arrested again and 2 protesters in Stockport were arrested.My thinking is Richard Cowan will have something to say on this July 2nd when his commentary goes up at marijuananews.com. 1,2
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