cannabisnews.com: Berg Claims Intimidation by Duo Berg Claims Intimidation by Duo Posted by FoM on March 26, 2000 at 23:18:02 PT By Maline Hazle, Record Searchlight Source: Record Searchlight Eric Berg, the Redding lawyer who wants Shasta County Sheriff Jim Pope held in contempt of court, says a former broadcaster and another Redding attorney tried to intimidate him into dropping the contempt action. ''These are powerful people — the sheriff has the ability to make life difficult for me and my future clients, so I have to take it seriously,'' Berg said.But Tony Seton, a Redding advertising man and former radio broadcaster, said Pope had no idea that he had contacted Berg in an attempt ''to help re-knit the community.''A second letter came from Redding personal injury attorney G. Neil Tocher, who did not return calls seeking comment this week.Pope did not return telephone calls seeking comment, either.Assistant County Counsel Michael Ralston, whose office represents Pope, said the letters appear to be Berg's attempt ''to put his own spin'' on the case because ''Eric never has been able to come up with either facts or law to support his position'' in the contempt case.The letters were filed in Shasta County Superior Court last week as part of Berg's contempt action against Pope and Undersheriff Larry Schaller.Trinity County Superior Court Judge John Letton, who took over the politically sensitive case after all nine Shasta County judges removed themselves, has not yet ruled on whether a hearing will be held on the contempt allegation.Berg represents Richard Levin, 49, of Redding, a medicinal marijuana user who was acquitted in December on a charge of growing pot for sale.Superior Court Judge Bradley Boeckman ordered Pope to return 1 pounds of marijuana confiscated before Levin's arrest, but when Berg and Levin went to retrieve the pot Jan. 21 they were told that it had been seized by a federal agent.Berg contends that Pope engineered the seizure warrant in contempt of Boeckman's order.Berg's associate, Gary Roberts, added the two letters to the official court file last week.Tocher's letter, dated Feb. 3, the day Berg filed the contempt action, was one line. ''Before you do anything involving Jim Pope, would you give me a call,'' he wrote.''I interpreted that as a threat, basically, that I'd better talk to him before I did anything at all,'' Berg said.Seton first approached Berg through his (Seton's) wife, Redding family law attorney Linda Seinturier, who asked Berg to talk to her husband, Berg said.After Seton and Berg talked March 8, Berg asked Seton to summarize the conversation in a memo, both men said.In that memo, dated March 10, Seton wrote that ''Jim Pope had already been through a lot (and) further legal action on the matter would only exacerbate the tensions surrounding the issue.''''Dropping the contempt citation would put Mr. Levin in a favorable light in this community for his perspicacity in recognizing the benefits to the many who need medical marijuana and for his generosity in letting the matter drop rather than seeking further punishment and or humiliation of law enforcement,'' Seton wrote.In addition, he told Berg, ''your reputation and ability to defend your clients, particularly in this area, would be greatly enhanced for the benefit of all concerned.''''A gracious concession by your client on this relatively small point could reverberate and induce enough support'' to spark approval of ''enabling legislation that the will of the people in passing Prop. 215 (the state's Compassionate Use Act) will finally be realized,'' Seton wrote.Seton wrote that he was not ''making any proposals or offering any deals'' and that he had approached Berg ''strictly on my own.''Berg called Seton's approach ''sweet, but subtle intimidation. Seton was livid when he learned that his memo had been filed with the court, calling the action ''a disgrace, but not untypical of Eric Alan Berg.''He insisted that he was merely making recommendations that Berg is ''apparently too egotistic and intellectually incompetent'' to follow.''This is just nonsense, this behavior — it's posturing,'' Seton said.Reporter Maline Hazle can be reached at 225-8266 or at mhazle redding.comPublished: Saturday, March 25, 2000© 2000 Record Searchlight - The E.W. Scripps Co. Related Articles:Marijuana Users To File Suithttp://www.cannabisnews.com/news/thread5164.shtmlTrinity County Judge Appointed To Sheriff's Casehttp://www.cannabisnews.com/news/thread4964.shtmlSheriff's Case Still Lacks Judgehttp://www.cannabisnews.com/news/thread4910.shtmlLevins Sue Over Pot Arresthttp://www.cannabisnews.com/news/thread4758.shtmlRedding Police Won't Return Medical Marijuana to Vethttp://cannabisnews.com/news/thread4663.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on March 27, 2000 at 16:48:35 PT Thanks Everyone! Thanks kaptinemo and everyone! I do see the news is heating up and I think I am over the worst part. If I posted any articles that didn't make sense know it was because of the pain medicine I'm taking right now but I should have a clearer mind in just a few more days! I really appreciate everyone here so much. I was so out of it when my husband brought me home but I still had to sit down and read all the comments on CannabisNews until I would go lay down and rest! I just don't know what CannabisNews or I would do without all the fine folks that visit here almost everyday! Cannabis News is what it is because of all of you and I just want to thank you all one more time!Peace, FoM! My Drug Policy Talk Message Boards [ Post Comment ] Comment #4 posted by kaptinemo on March 27, 2000 at 10:54:57 PT: Glad to see you're back, FoM! I hope you're doing all right. because things seem to be heating up, here.'In that memo, dated March 10, Seton wrote that ''Jim Pope had already been through a lot (and) further legal action on the matter would only exacerbate the tensions surrounding the issue.'' And what of the stress this Nazi wannabe has put who knows how many non-violent MMJ users through? Does the sheriff expect hugs-and-kisses for the pain he has caused from the people he has terrorized?''Dropping the contempt citation would put Mr. Levin in a favorable light in this community for his perspicacity in recognizing the benefits to the many who need medical marijuana and for his generosity in letting the matter drop rather than seeking further punishment and or humiliation of law enforcement,'' Seton wrote.'When the puppy craps on the rug, you paddle his butt and rub his nose in it, while telling him repeatedly "No!". That way he gets the idea he is not supposed to do it again. When a guard dog starts to snarl at and threaten his handler, you discipline it so that it knows who's boss. This serves as a way to reinforce the idea amongst any other guard dogs contemplating similar actions just how foolhardy that would be. When the cop tramples upon rights he is sworn to uphold, he should be punished to the fullest extant of the law, so that other cops considering pulling the same stunt will rethink their course of actions. It doesn't get any simpler than that.But here is the most flaming example of the unmitigated GALL of this guy:''A gracious concession by your client on this relatively small point could reverberate and induce enough support'' to spark approval of ''enabling legislation that the will of the people in passing Prop. 215 (the state's Compassionate Use Act) will finally be realized,'' Seton wrote.Newsflash, sheriff: It already IS the effing law! And you *broke* it! You are sworn only to uphold the local and State statutes, not Federal ones. Are you now implying that clemency should be granted to you when you have cheerfully jailed God knows how many people for something that was not illegal? The people have already spoken. And they said MMJ was OK. What is so hard to understand about it?. [ Post Comment ] Comment #3 posted by r.earing on March 27, 2000 at 07:51:33 PT: Compliments I am behind that 100%.Thank you sincerely for allyour hard work.I really get a lot out of this website. [ Post Comment ] Comment #2 posted by blueberry kid on March 27, 2000 at 00:18:34 PT: edit fom, do you ever sleep? Good job on all the post.everyone that reads cannabisnews.com should take a sec. and e-mail the writers of all these great articals.That is the least we can do every day to show our thanks for fom’s hard work.sorry for the double post. edit [ Post Comment ] Comment #1 posted by blueberry kid on March 27, 2000 at 00:13:52 PT: good job fom fom, do you ever sleep? Good job on all the post.everyone that reads cannabisnews.com should take a sec. and e-mail the writers of all these great articals.That is the least we can do every day to show are thanks for fom’s hard work. 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