Saturday, May 1, 2010

San Diego Man Getting His Weed Back From The Cops

By Steve Elliot, Toke of the Town

A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.

"Although I don't agree with this, I have no choice but to return the property of Mr. Davidovich," said Judge David Szumowski. 

"After receiving a refusal from the District Attorney's office to comply with our letter of demand for the return of all my property, today we were forced to spend more of our resources as well as the taxpayers' resources on frivolous litigation caused by San Diego District Attorney Bonnie Dumanis's bias and hate towards medical marijuana," Davidovich said.

"Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?" Davidovich asked.

Davidovich, the former defendant in a San Diego medical marijuana trial, said the office of  the District Attorney was wrongfully holding his belongings, despite his acquittal by a jury.

Eugene became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him. According to Davidovich, the reason he had to go back to court to get his belongings is likely political.

Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously founded not guilty by a jury on March 25.

Attorney Michael McCabe had already contacted Deputy District Attorney Theresa Pham at least five times to obtain Davidovich's belongings, to no avail. McCabe was eventually forced to send a letter (PDF)  to Pham on April 7 with the formal request.

"Since Mr. Davidovich was acquitted of all charges by the jury's verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items," McCabe wrote in his letter. "Thus, under the express power conferred upon the Court by Penal Code 15365, these items must be returned to Mr. Davidovich."

The letter said that the D.A. is required, under California law, to return "34.1 grams of marijuana contained within 11 separate plastic bags, as well as 14.59 grams of concentrated cannabis (hashish) contained within three plastic bags."

According to Davidovich, the D.A. will also be required to return his backpack, passport, scale and papers, and other non-drug items.

Davidovich said that when he initially called D.A. Dumanis's office to request the return of his property, a staff person accused him of being a "stoner."

The D.A.'s office denies this accusation.

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