By: Nathan Archer
I am not a drug offender or Narcotics offender. I have no drug related History. I am allowed by San Diego Court to be able to continue with medical marijuana but must register as a narcotics offender. Which I am not!!!
1 2/15 /2009
Today was a difficult day as at the last minute the judge was replaced by Judge Gale E. Kaneshiro and though my case was number 4 on the docket I was almost the last person in the court room before they called my case.
The Judge would not let allow me to request new council; as she stated that I was not represented as pro per but, I had been appointed a Public Defender through the whole proceedings. She stated that, "Though Mr. Archers Public Defender retired," (after my second trial case), " the Public Defenders Office has not".
San Diego NORML Vice President: Mara Felsen, Esq. requested that the judge allow a continuance as they were willing to take the case. The Judge informed me that I was still considered by the court as being represented by the Public Defenders Office.blic Defenders Office and file to be represented Pro Per and we would have to have a ruling on that.
The Bailiff offered that if I use the Public Defender to state that I want to seek new council it would expedite things and we would end up with the same resolve.S.D. NORML V.P. Mara Felsen, Esq. and I concurred it seemed less court time so I consented.
An available Public Defender was spoken to by Ms. Felsen, Esq. and he agreed. I was called before the Court and the Public Defender did as I asked, He requested that I be allowed a continuance as I wish to appoint new council.
The Judge Agreed, then stated that my probation was revoked and that I was to return to court in 14 days with proof of my "Registration as a Narcotics Offender".
I spoke up, " Your Honor, did you receive My Statement?".
The Judge replied, "Yes."
I then stated, " The whole context of my statement is that I have no Narcotics or Drug abuse History. I am allowed by the court to continue with my Medical Marijuana and am appealing my case at the Supreme Court Level......"
The Judge commented "yes.."
I continued, " The Kentucky and Indiana courts recognize that it Registering is only punitive in Nature and Unconstitutional.
I am appealing my case at the Supreme Court Level."
" I see," said the Judge thoughtfully.
"Okay, Mr Archer is to remain at liberty on probation. The Public Defender is relieved, Retained counsel Marar Felsen, Esq. is appearing in behalf of defendant. Court stays condition to register HS11590 pending appeal."
I walked out of the Court room feeling much better, joined by my new found friends; Euguene, Mara, Craig, Bill, others including Waldon. A great friend who has seen my case through the end and harder times. Thank you all for supporting me and everyone else who cared.
After my case it was Eugene Davidovich's turn. He was attempting to have his case dismissed. His is another battle in San Diego. He was stung by an undercover who lied extensively and; was a validated Medical Marijuana Patient, confirmed by a Doctors office. All that so he could become a patient of Euguene's collective service.
Things did not go so well for him, but it is still the early stages and things are getting better.
In my trip to San Diego I was most upset to learn that Bonnie Dumanis is attempting to have California Prop 215 re- evaluated and rewritten "Because it is too vague".
I Stood with Eugene, Bill and many others outside while Bonnie Dumanis had a meeting inside. I spoke to several T.V. Stations, KUSI 6, 7, 8, 9, 10..
San Diego is going too far!!!
We need to come down on them for attacking people who don't even live there, especially after they have refused to obey the law. They have opposed the State in court now 6 times and each time were shut down and ordered to follow the law. Yet San Diego responds with "Operation Endless Summer" they continue to refuse to allow patient rights and are seriously hurting people and their lives regardless, systematically and mercilessly.
Please support the efforts of the various Chapters in San Diego ( NORML, ASA...) see how you can help.
I will be back in court for my continuance on January 26, 2010 at 9:00 am Dept. 12. You are welcome to join me; but please be respectful of the Law as we are trying to help make it.
Peace,
N8
http://www.indybay.org/newsitems/2009/12/16/18632759.php
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