cannabisnews.com: I Cannot Use Medical Defense at Trial I Cannot Use Medical Defense at Trial Posted by FoM on November 06, 1999 at 10:15:01 PT By Peter McWilliams Source: PeterTrial In the most Kafkaesque turn of events to date, the trial judge has granted the government's motion and ruled I cannot use a medical marijuana necessity defense, nor can I mention Proposition 215, marijuana's medical usefulness, the 8 patients who get medical marijuana monthly from the federal government, or my medical condition: For the complete ruling (4 pages), please go to:http://petertrial.com/kafka.htmThis means my testimony will go something like this: PROSECUTOR: "Mr. McWilliams, did you grow marijuana?" ME: "Yes." PROSECUTOR: "How much marijuana?" ME: "About 300 plants." PROSECUTOR: "Thank you." End of testimony. The only question the jury will have to decide is whether I am responsible for Todd McCormick's 4000 plants because I gave him a book advance for How to Grow Medical Marijuana or the 1,600 plants Scott Hass allegedly grew with his severance package money from my publishing company (he was the president of Prelude Press, Inc.). The difference is the difference between a 5-year mandatory minimum (under 1,000 plants) or a 10-year mandatory minimum (over 1,000 plants). At this point, due to my AIDS, I basically don't have an immune system, and any stay in the germ-rich environment of a federal prison would be a death sentence. I would no doubt be placed on the "hospital floor" where the tuberculosis and other highly contagious patients are "quarantined" from everybody except the prisoners on the hospital floor. There are three possible alternatives to prison sentences: 1. Ask the trial judge for permission to appeal his ruling to the 9th Circuit Court before trial. (In federal courts, almost all appeals are heard after conviction.) If the 9th Circuit permits us a medical necessity defense, I am confident I would be found not guilty. 2. Ask the judge after the guilty verdict to extend my bail during the appeal process. (Usually in drug cases, the convicted are taken into custody immediately after sentencing. Unlike rapists, kidnappers, and robbers, we pose a danger to the community.) 3. Ask the judge to sentence me to house arrest for the five or ten years based on my medical condition. The Sixth Amendment to the United States Constitution reads: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. It doesn't say a thing about the right to put on a defense. (The investigative new drug program is the one in which the federal government sends marijuana to 8 patients each month for medical purposes and has been since 1972.) Related Articles & Web Sites:215 NOW!http://www.215now.com/PeterTrialhttp://www.petertrial.com/ Todd McCormick's Grow Medicinehttp://growmedicine.com/Judge Rules Against Medical Necessity Defense - 11/06/99http://www.cannabisnews.com/news/thread3579.shtmlJudge Bars Medical Need, Prop. 215 as Defense - 11/06/99http://www.cannabisnews.com/news/thread3576.shtml Prop. 215: Three Years Later But Law Still Ignored-11/05/99http://www.cannabisnews.com/news/thread3574.shtml Home Comment Email Register Recent Comments Help Comment #10 posted by Ally on November 07, 1999 at 09:54:21 PT Medical Necessity-- "America, where are you now? Don't you care about your sons, and daughters? Don't ya know we need you now, We can't fight alone against The Monster..."-Steppenwolf...Maybe DdC can help me out with who actually wrote those lyrics but now we know who "the Monster" is. It is all the leaders of the country who allow this miscarriage of justice to pervail!This is a travesty, and we must protest far and wide...Shalom, Ally [ Post Comment ] Comment #9 posted by FoM on November 07, 1999 at 07:56:37 PT: Thank You Jean! Jean, Thank you for being a part of Cannabis News. Without good people it is just a news site and you and other good people are what makes it special!Peace, FoM! [ Post Comment ] Comment #8 posted by Jeaneous on November 06, 1999 at 21:53:28 PT: Thanks for the leads I will most certainly write these people and do my best to help get this man out of this situation. It seems the time has come for all of us to fight this battle and win. No more games. His life and many others are being needlessly terrorized by our own government. This is no democracy.Thanks FoM.. appreciate the tips... and all of the rest of you wonderful people's ideas. I'm very proud to be a part of this caring, compassionate group. Thank you all. [ Post Comment ] Comment #7 posted by Rainbow on November 06, 1999 at 17:39:45 PT: Congress Folks as Dr. deming says the owners of the system are responsible for the system.I personally hold my state senators and congressmen responsible for this outlandish behavior by the USA.They are the owners of the system that is killing not only Peter but US.Gutknecht, Wellstone, grams have blood on their hands that they will not be able to wash away.Please let your people in Wash D.C. know that they are the ones doing the killing because they could stop it if they wanted to.Our own government is killing Peter and otehrs like him.They are meanspirited and evil and I told them so. The gloves are off these guys are unreal and nasty.Maybe 666 is the name for our congress.yes I am mad too.CheersRainbow [ Post Comment ] Comment #6 posted by Dankhank on November 06, 1999 at 16:32:26 PT: Arise and be counted Everyone, please aid us in undoing this dastardly deed perpetrated by the murderers who claim to bring justice to America. I can do no more than contact the aforementioned news sites and urge them to ask the prosecutors WHY?If I could, I would travel to the court sites to stand in solidarity, alas I'm in GA till Tues. when I will return to OK. Those who can must rise up and go to the court site and get noisy. Please .... we must help this man.He could be any of us.He is ALL of us.God help him, and us, if this travesty continues.Peace to all, and fight the fight ... Hemp n Stuff [ Post Comment ] Comment #5 posted by FoM on November 06, 1999 at 15:43:01 PT: Ideas Anyone? Jean, Let's write Court TV, CNN, MSNBC and Fox News. Also the Christian Science Monitor has been very fair. I think we need to find a way for news channels to pay attention. This is very important and if anyone has any ideas please post them.http://cnn.com/http://www.courttv.com/http://www.msnbc.com/http://www.foxnews.com/http://www.csmonitor.com/ PeterTrial [ Post Comment ] Comment #4 posted by Jeaneous on November 06, 1999 at 14:47:33 PT: I feel the same If hundreds of us could show at this trial... it would at least get the coverage it deserves. I'm afraid that the authorities would close the courtroom for they know how angry this decision makes us. Still... there must be a way to stop this madness...I only hope it is shown to us in short order.. [ Post Comment ] Comment #3 posted by observer on November 06, 1999 at 13:54:09 PT principles of law and justice are disregarded Main Entry: kangaroo courtFunction: nounDate: 18531 : a mock court in which the principles of law and justice are disregarded or perverted2 : a court characterized by irresponsible, unauthorized, or irregular status or procedures3 : judgment or punishment given outside of legal procedure http://www.m-w.com/cgi-bin/cgiwrap/cnews/dictionary?book=Dictionary&va=kangaroo+court [ Post Comment ] Comment #2 posted by FoM on November 06, 1999 at 13:34:45 PT: So Wrong! It has me feeling sick too. My husband and I both are shocked in disbelief. Sometimes I get so mad at our system that I just don't know what to do. If only hundreds of people would converge on the court room that would be a miracle and it would probably get tv press! Something must be done because this is one of the most morally degenerate things I have seen our government do and God help them! Peter can't go to jail! He just can't! It will kill him! This is just too much! I updated my medical marijuana page too. My Medical Marijuana Page [ Post Comment ] Comment #1 posted by Jeaneous on November 06, 1999 at 12:02:21 PT: Unbelievable.. This sickens me to my soul that this judge has done what he has. Peter is as he said... the poster person for medicinal marijuana. How in their right minds these judges can do what they do amazes me. He is not even allowed to mention his illness... gosh like it isn't obvious. I consider this action another step in the federal murder of Peter McWilliams. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: