cannabisnews.com: Railroaded for Courthouse Leafletting










  Railroaded for Courthouse Leafletting

Posted by CN Staff on March 03, 2003 at 18:04:32 PT
By Ann Harrison, AlterNet 
Source: AlterNet 

The director of California's best-known medical marijuana club has announced that he will begin a hunger strike when he is imprisoned March 3 for issuing leaflets outside a courthouse. Oakland Cannabis Buyers' Cooperative (OCBC) director Jeff Jones was sentenced to three months in prison for distributing pamphlets outside a Sacramento federal court where potential jurors were assembling for the trial of medical marijuana grower Bryan Epis. 
If he follows through with his plan, Jones will be one of the first California medical marijuana activists to starve himself in an effort to draw attention to the conflict between state and federal laws governing medical cannabis. "I am doing this to build solidarity, support and awareness," said Jones. "To further the education of the public and juries about problems with the federal law on this issue, and the damage it is causing in states that have already passed favorable laws." A thin, clean-cut man, Jones has pioneered community acceptance of medical marijuana since the passage of California's Compassionate Use Act (Prop. 215). The law permits patients to grow and consume medical cannabis with a doctor's recommendation. The city of Oakland, California passed a 1998 ordinance establishing a medical marijuana distribution system, and designated OCBC operators as officers of the city immune from prosecution. That same year, the federal government filed a preliminary injunction to halt the OCBC from distributing medical cannabis. While the U.S. Supreme Court ruled in May 2001 that the club could not dispense medical cannabis under "medical necessity," it did not consider larger constitutional issues. An appeals court is still deciding whether the City of Oakland has the power to offer the club legal immunity. Steph Sherer, director of the medical marijuana advocacy group, Americans for Safe Access, notes that Jones and his club have frequently pushed the envelope and "set an example for the implementation of Prop. 215 for the rest of the state." But Jones says he is now the target of selective prosecution. U.S. Magistrate Judge Peter A. Nowinski ignored a probation recommendation, and ordered Jones into federal custody on a misdemeanor charge of influencing a juror by writing. During Jones' sentencing hearing, his attorney Michael Bigelow attempted to explain to Judge Nowinski that Jones was among a group of activists who were distributing literature supporting Epis' right to grow medical marijuana under Prop. 215. But each time Bigelow spoke the words, "medical marijuana," Nowinski cut him off, insisting that the issue was irrelevant to the primary concern of jury integrity. "He was totally biased and politically motivated and didn't allow my attorney to make a discussion or an argument," said Jones "The judge said 'we are not going to talk about medical marijuana in here, this is not about that.' But it is." Judge Nowinski's exclusion of the medical marijuana issue mirrors the tactics of U.S. District Judge Charles Breyer who presided over the recent trial of medical marijuana grower Ed Rosenthal. Rosenthal's jurors later denounced Judge Breyer's successful efforts to block discussion of medical marijuana during the trial, which jurors said resulted in an incomplete presentation of the facts. The leaflet distribution, which took place during jury selection for Epis' trial, was an attempt to present the very type of information Rosenthal's jurors said they were denied. The leaflets asserted that Epis was growing medical cannabis under state law for a group of patients in Chico, California. When U.S. District Judge Frank C. Damrell Jr. discovered that some of the potential jurors in the case had received the leaflets, he charged Epis with obstruction of justice. Judge Damrell then agreed with prosecutors that the entire panel of 42 potential jurors had been tainted, and dismissed all of them. When Jones arrived at the hearing for the obstruction of justice charge, he said court officials positioned the rejected jurors near the courtroom entrance where they identified him as the pamphleteer. He was arrested on June 24. Judge Damrell convened a second panel of jurors who were not permitted to hear evidence that Epis was growing medical cannabis. Epis was convicted in July of federal marijuana cultivation charges, and is now serving a 10-year mandatory minimum sentence in federal prison. His conviction is being appealed. The obstruction of justice charge against Epis was later dropped. But federal prosecutors pursued their case against Jones. Assistant U.S. Attorney Samantha Spangler issued a memorandum which acknowledged that there was other "other activity occurring outside the courthouse" when Jones was handing out leaflets. But the memorandum asserted that "Mr. Jones' conduct was egregious. He stood on the courthouse steps distributing pamphlets specifically targeting prospective jurors." Jones said he simply passed leaflets to people walking into the courthouse. "I didn't interrupt the court," said Jones. "I didn't talk directly to people who were jurors." Jones told Judge Nowinski during a hearing in December that had not even closely read the information he was handing out. But Jones pled guilty to the jury tampering misdemeanor in order to avoid a felony obstruction of justice charge. A report issued by the county probation department recommended that Jones be placed on probation and pay $3,924.93 in restitution charges to cover the cost of seating a new jury. Bigelow objected to the restitution, arguing that Judge Damrell acted hastily in dismissing the entire jury pool. This argument evidently angered Judge Nowinski, who upheld the restitution and made an unsuccessful effort to take Jones into custody immediately. Jones says he has filed an urgent request with a District Court Judge asking to be released on bond. He is also appealing his conviction with the Ninth Circuit Court of Appeals on 1st Amendment and other grounds. "This is David and Goliath," says Jones, who says he will surrender to U.S. Marshals in Sacramento, and then refuse food. "I want to show how far a judge will go to undermine justice." Ann Harrison is a freelance journalist, in the Bay Area. She can be reached at: ah well.comSource: AlterNetAuthor: Ann Harrison, AlterNetPublished: March 3, 2003Copyright: 2003 Independent Media InstituteContact: info alternet.org Website: http://www.alternet.org/DL: http://alternet.org/story.html?StoryID=15292Related Articles & Web Sites:OCBChttp://www.rxcbc.org/Bryan Epis Protest Pictures & Articles http://freedomtoexhale.com/protestpics.htmEd Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmOakland Pot Club Director Gets 3-Monthshttp://cannabisnews.com/news/thread15602.shtmlPot Backer Convicted of Tainting Juryhttp://cannabisnews.com/news/thread15000.shtml

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Comment #8 posted by FoM on March 03, 2003 at 21:19:56 PT

Max Flowers
I think the Judge had his mind made up already. I read where he thought about it over the weekend and the powder issue was only today. I believe he decided he needed to rethink it all.Here's a portion of Dale Gieringer's CaNORML Press Release.Judge Nowinski said he had given the matter "a great deal of thought" over the weekend, and concluded that Jones should be resentenced. Nowinski, who had been visibly angered when he sentenced Jones last Thursday,appeared subdued and chastened. He said that he had been angered by reports about Jones' activities and by arguments by his attorney that suggested he did not take responsibility for his actions. However, having thought "long and hard" about it, he indicated second thoughts. Noting that his past week had been spent sentencing violent criminals, he said, "I don't think Mr Jones is a candidate to have a bunk bed with any of them." Noting that he had been approached by medical marijuana protesters with flyers outside on the way to the courtroom, Nowinski said, "Passions are very high on this issue - frankly, way too high." 

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Comment #7 posted by Max Flowers on March 03, 2003 at 21:10:44 PT

Compassion from a federal judge??
This development (the judge's reversal) is quite something when you stop to consider that apart from this leafleting case, Jeff Jones' position with the OCBC makes this show of compassion all the more unusual. In a federal judge's eyes, he had a "big fish" in the MMJ pool on the line, and he cut him loose.Not complaining, just stunned. Do you suppose he was shaken by the powder thing and that influenced him (hope not)?Anyway I applaud the judge for showing some mercy, there's so little of that going around these days. The way to be "radical" nowadays is to be merciful and tolerant. Ha! That'll confuse folks!!MF
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Comment #6 posted by FoM on March 03, 2003 at 20:12:58 PT

BGreen
I wondered that too? Did his lawyer do a good job or could someone be angry with him? Whoever did it I wouldn't want to be in their shoes. In times of war and since anthrax killed people that could wind a person behind bars for many years. Even though it wasn't antrax that's like crying fire in a crowded theatre.
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Comment #5 posted by BGreen on March 03, 2003 at 20:07:57 PT

Why Would MMJ Advocates Threaten Jones' Attorney?
We're scapegoats for the people that would kill their families and the sick to maintain power.Bud Green
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Comment #4 posted by FoM on March 03, 2003 at 19:14:33 PT

Important E-Mail News From Dale Gieringer
DPFCA: Report: Judge Spares Jones from Prison California NORML Release - Mar 3rd, 2003 - by Dale GieringerSACRAMENTO, Mar 3rd: At an emotional hearing, US Magistrate Judge Peter Nowinski vacated a three-month prison sentence for Jeff Jones, sentencing him instead to 3 years of unsupervised probation. Jones had woken up this morning in the expectation of going to prison when he received a call from the court to appear for a re-hearing. Judge Nowinski said he had given the matter "a great deal of thought" over the weekend, and concluded that Jones should be resentenced. Nowinski, who had been visibly angered when he sentenced Jones last Thursday,appeared subdued and chastened. He said that he had been angered by reports about Jones' activities and by arguments by his attorney that suggested he did not take responsibility for his actions. However, having thought "long and hard" about it, he indicated second thoughts. Noting that his past week had been spent sentencing violent criminals, he said, "I don't think Mr Jones is a candidate to have a bunk bed with any of them." Noting that he had been approached by medical marijuana protesters with flyers outside on the way to the courtroom, Nowinski said, "Passions are very high on this issue - frankly, way too high." To the shock of the audience, he announced that the court's mailroom had received threatening letters with a white powder addressed to himself and Judge Damrell (the judge in Bryan Epis' trial, which Jones had been accused of disrupting). Later, it was learned that a similar letter had also been sent to Jones' attorney. Emergency crews were called onto the scene to investigate, and the powder was later found to be harmless. Medical marijuana advocates were shocked by the news of such non-peaceful tactics, and strongly condemned the unknown perpetrator(s).Nowinski excused Jones from a $1,000 fine requested by the government, saying that he had probably already suffered $1,000 worth of anguish over the weekend.In conclusion, Jones took his opportunity to apologize to the court. "Am I sorry I distributed the flyers? Absolutely. Am I sorry I broke the law? Absolutely. Am I sorry I disrupted the court? Absolutely. Will I ever do this again? Absolutely not." Nowinski thanked Jones. "I was going to scold you," he said, "Now it's not necessary."-- ---- Dale Gieringer (415) 563-5858 // canorml igc.org 2215-R Market St. #278, San Francisco CA 94114 
California NORML
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Comment #3 posted by Truth on March 03, 2003 at 19:01:35 PT

Damage control
The prohibitionist are starting to worry about their image. I would too if I behaved like that.
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Comment #2 posted by FoM on March 03, 2003 at 18:57:56 PT

Important E-Mail News about Jeff Jones
Asa -- Jeff Jones Remains Free, Judge has Change of Heart Medical Marijuana Activist’s Sentence Changed to 3 Years ProbationContact Steph Sherer with Americans for Safe Access: 510-872-7822Sacramento –Despite a 3 month federal prison sentence on February 27th, Jeff Jones, a prominent medical marijuana activist from Oakland, CA, did not report to prison today. Rather, he was ordered back into court, where the judge had an unexpected change of heart, modifying Jones’ sentence from 3 months in prison to 3 years probation. Jones paid $3,934 in restitution over the weekend, and while the judge could levy up to $1,000 in addition fines, he did not, saying that he “believed Jones had already had $1,000 worth of suffering over the weekend.”Jeff Jones stated that he was, “utterly speechless when the judge started talking. I think the judge realized that he had let his anger get the best of him. He saw the error in his decision.” Jones was convicted of jury tampering after handing out leaflets during jury selection for the case of medical marijuana provider, Bryan Epis. The actions of the court in the case of Jeff Jones have contributed to the public debate over recent medical marijuana convictions of Ed Rosenthal, Keith Alden Bryan Epis, all convicted by a jury that was unaware that the defendants were operating within state law. Twenty-four patients and caregivers will face the same fate in federal court this year.“I am relieved by today’s ruling, but not surprised. The sentence was extreme and unjust,” said Steph Sherer, Executive Director of Americans for Safe Access. “I don’t think this will be the last we hear on this topic. By preventing medical marijuana patients and caregivers from defending themselves, the federal government is creating a new crime, a crime of necessity. The voters of California are being faced with an unbelievable injustice in their courts.” In the next few weeks, US Congressmen Sam Farr and Dana Rohrbacher will introduce bipartisan legislation that would allow defendants to mount an affirmative defense in medical marijuana cases. The legislation would create two legal categories of marijuana - medical and criminal. Congressman Sam Farr stated that the intention of the bill was, "to allow defendants in federal criminal trials to introduce evidence in court that they have complied with state law," regarding medical use of marijuana.
Americans For Safe Access
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Comment #1 posted by FoM on March 03, 2003 at 18:45:07 PT

Not Good at All
White Powder in Envelopes Sent to Sacramento Federal Judges By Sam Stanton and Denny Walsh -- Bee Staff WritersPublished: Monday, March 3, 2003Two federal judges in Sacramento received envelopes containing a mysterious white powder Monday.The FBI said no one was injured, although the receipt of the envelopes at the federal courthouse in downtown Sacramento forced a partial evacuation. Preliminary tests later determined the powder was non-toxic, officials said, but county health officials expected to continue studying the origin of the substance. The incident at the federal building began about 12:30 p.m. as employees of the courthouse were sorting mail and a small amount of white powder was found inside one of the mail bins the envelopes were delivered in. The envelopes were addressed to judges who have recently presided over prosecutions of medical marijuana advocates. Complete Article: http://www.sacbee.com/content/news/story/6209278p-7163948c.html

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