cannabisnews.com: Letter from Tom Ballanco, B.E. Smith's Attorney!





Letter from Tom Ballanco, B.E. Smith's Attorney!
Posted by FoM on May 25, 1999 at 22:21:06 PT
From Peter McWilliams!
Source: McWilliams.com
Dear Friends,In the three short days since B.E. was convicted, I have already run over a thousand different reasons why it happened or how we could have prevented it.
However the truth of the situation that is so hard for me to face, especially today--ten years to the day from my graduation from West Point--is that the federal government saw too big of a prize in B.E. Smith.Loosing the first federal prosecution for Prop. 215-related offenses was not an option for Uncle Sugar.We all realized that the feds were willing to prosecute patients and caregivers who simply grew their own medicine or medicine for consenting adult friends who requested such assistance. But it was shocking, at least to me, to realize that the federal prosecutors and judiciary are willing to lie, obfuscate and go to Herculean lengths to prevent justice from entering the decision-making process.Every time we started to gain some headway towards a defense, the judge would stop the proceedings, order us to proffer exactly where we were going with the defense, and then rule against allowing the defense as a matter of law. Even when the prosecutor slipped up, the judge was there to cover his slack. I know this sounds unbelievable, but if you were there, you would know it to be true. The only positive thing about this appeal is that it is going to bring the judge's conduct into the spotlight. Which brings me to my suggestions for action.There is a need for action on two fronts, legal and public/political. On the legal side, I will be filing a motion for reconsideration regarding B.E.'s release pending sentencing and an appeal of that ruling if necessary. Next, I will prepare to argue at B.E.'s sentencing hearing scheduled for August 6, 1999. Finally is the appeal of the judge's rulings during the trial and pretrial motions phase. Unfortunately, the appeal itself is not perfected until after sentencing.I have been using the pronoun "I" throughout thisdiscussion, but I do not mean that. I have not yet discussed appellate strategy with Robert Booker, my co-counsel during the trial, so I do not know the degree to which he would like to be involved, but I will be working with David Michael from San Francisco, an expert in appellate work before the Ninth Circuit. A necessary component of the appellate process is going to be fundraising for transcripts, research and experts. On the public/political side, there is a need to communicate to Judge Burrell that B.E.'s public and political support is stronger than the puppet strings that bind this judge. The first time we noticed a change in the judge was when the jury was present; the second time was when there was press in the courtroom. The reason Burrell got away with what he did is because too often he was outside the public eye. Woody Harrelson's testimony was remarkable because the judge was afraid of engaging him. Any other witness who tried what Woody did (telling the whole truth) would have seen the inside of a jail that same day. However, the judge could not engage Woody lest the whole trial enter a new level of public awareness. We need that level of public awareness from here on out.Remember, B.E., "the last free man in America," is in there for all of us.For all you patients, he very much wanted to go first because he figured he is in better shape to sit this out than anyone else who is sick or in pain. For everyone else, B.E. did not do this to test the law with a small "l" that is Proposition 215--he did it to test the Law, that is the American judicial system. We are in trouble folks. You can believe it now or later, but take a look around,. This is a call to action while it is still possible.We need a letter-writing campaign to the Probation and Sentencing Department in the Eastern District of California. That department will be making a recommendation regarding B.E.'s sentencing in August. It must be inundated with letters from citizens and prominent persons(celebrities, politicians, law professors, etc.). I will be circulating an outline letter with the appropriate address in a few days.I am certainly not suggesting that the responses to this trial be limited to the things I have discussed--these are merely the things that have come up so far. Please keep me in the loop and, on behalf of B.E., his family, and our future, I thank you for your time and efforts to ensure that Justice not desert us in our time of need.Thanks,Tom Ballancomarswebz aol.com
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Comment #9 posted by FoM on May 26, 1999 at 14:09:46 PT
How About This Idea?
Hello John!I did e mail when I said I was going to but it came back. I am not good figuring out how to e mail since I don't use my email very often and then it was just for family and a few friends. I haven't figured how how to use Cannabis News's e mail because I never have to type anything in Outlook Express! I'll get it sooner or later. I can send an e mail back that someone sends me but that's as far as I gotten.What could be done is someone try to get information out to others like many good email services do but with more of a focal point on medical marijuana because if we can't clear this hurdle then it just won't go any further towards Decriminalization or Legalization, I think. People need to know what is going on and by staying in tune with what is happening in B.E.Smith's life and Peter McWilliams and Todd McCormicks we are putting a face on this whole issue. I believe the only error of Peter McWilliams and Todd McCormick is they both believed the law would be honored when Prop 215 passed! They believed like we are supposed to believe and they are being destroyed for it! They could be us, and that would be the way I would want to approach this. Let me know how you feel and rather then me fumble thru the email just go to the front page of Cannabis News and e mail me and then I can respond to you if that makes sense.Peace, FoM!
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Comment #8 posted by John R. Bills on May 26, 1999 at 13:27:37 PT:
What do you want me to do FoM?
Dear Friend, Do know that I am becoming politically active on this issue. As you may well know, this issue is about everyone's civil rights. If we STAND UP as ONE VOICE we CAN make a difference. The "war on drugs" is an affront to our bill of rights and must be stopped. I, for one, am proud to say that I am soft on drugs because I care deeply for people and the American way of life as written in the supreme law of the land. Throwing people in prison for doing drugs is equivalent to putting a woman behind bars for being raped. Doesn't anyone read their constitution and bill of rights? Jesus, get real people! Peace.FoM, try this e-mail address, and tell me what you want me to do. Thanx.
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Comment #7 posted by FoM on May 26, 1999 at 10:06:15 PT
Of Course I Will!
Sure Rainbow!Click on the link for e-mail on the left side of the front page of Cannabis News and I'll check it out and get it up as soon as I can!Peace, FoM!PS: If John R. Bills reads this I tried to e-mail you and it came back as undeliverable so please do the same thing I just asked Rainbow to do! Thanks! I didn't forget!
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Comment #6 posted by Rainbow on May 26, 1999 at 09:31:33 PT:
Post request
FoMIf I send you the letters I received from Mr. wellstone and Mr. grams would you post them here?  They are in reponse to my asing them their position on MM M and Hemprainbow
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Comment #5 posted by FoM on May 26, 1999 at 08:17:24 PT
Thank You All!
Cryote,It was late when you posted the above article but I had to get it posted here right away! Please keep bringing us everything you get from Peter McWilliams! God Bless that man! The 3rd year anniversary of my son's death is tomorrow plus it was also on Memorial Day! I won't rest until every sick person has a right to this wonderful plant! God know's it is about the only thing that will help an Aids or Cancer patient! Thanks everyone for being here and caring so much! I appreciate it more then you'll ever know!Peace, FoM!
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Comment #4 posted by FoM on May 26, 1999 at 07:45:55 PT
215 NOW!
This needs to stop! I posted 215 Now again after I read Rainbow's post! Sign the petiton please! We must win this war!Peace, FoM!
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Comment #3 posted by cryote on May 26, 1999 at 07:40:46 PT
Demand action against judge
I have been reading many stories about this case and it is my opinion that, because it was a very high profile case "our" federal gov't TOLD the judge what the outcome of this case would be and the judge was their little puppet through out the proceedings. I think a campaign should be started against these judges who willfully go against the constitution and usurp our civil rights. Not only should these judges names and districts be widely publicized but a petition for their removal from the bench should be circulated. The cops aren't paying their wages WE are. Be Well
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Comment #2 posted by Rainbow on May 26, 1999 at 07:00:14 PT:
suggestions
Ask your representative how they would like to be listed at www.215now.com. My state legislators are ignoring me. I will ask my federal elected officials too.I have asked the Mayo Clinic too. They are nonresponsive.Send a note to barry M. staff and ask them to resign and find more compassionate jobs. They should be receptive to the harm they contribute.I ask that not only a campaign in this judges case but what about the DAs in McCormicks case. They need a little realization too.These people need to understand that they are flat out mean and this is not an acceptable practice in the USA.And to think some are products of the 60's.It is wonderful we chastised the Vietnam vets for doing what our country (err Nixon and Johnson) asked of them and now to add insult we put them in jail.Our people in charge are stupid and crazy. They are not human that is for sureCheersRainbow
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Comment #1 posted by mota20 on May 26, 1999 at 01:25:01 PT
this whole trial has a stink to it.
I still have such a hard time dealing with the lack of compassion by our dear old uncle sam. The jailing and harassment of sick people is wrong and there is no way that anyone can think otherwise. please keep us posted as to who you want letters to go to and not being rich I could spare a few dollars to help just let us know how. peace and stop the war. mota20
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