For Immediate Release: December 7th, 2010
Medical Marijuana Patient Advocates Fight for New Trial in San Diego Dispensary Case
District attorney & court use double jeopardy, deny defense to unfairly convict dispensary operator
San Diego, CA -- Medical marijuana patient advocates filed a motion for a new trial today in the case of Jovan Jackson, who was convicted on September 28th after he was tried for the second time in less than a year on the same charges of marijuana possession and sales. After District Attorney Bonnie Dumanis failed to convict Jackson the first time, she was able to block his use of a medical marijuana defense at the second trial, virtually guaranteeing his conviction. Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group, argues in its motion that double jeopardy and the denial of a defense was used to unfairly convict Jackson. The motion for a new trial will be heard at Jackson's sentencing hearing, currently scheduled for December 15th at 9am before Judge Howard H. Shore.
"Embarrassed by her earlier loss and desperate for a conviction, District Attorney Dumanis manipulated the criminal justice system to unfairly try Jackson a second time," said Joe Elford, ASA Chief Counsel, and the attorney who filed Jackson's motion for a new trial. "To make matters worse, the court deprived Jackson of the defense that was used to gain an acquittal in his first trial, and a defense to which he's entitled." In December of 2009, Jackson was acquitted by a jury of marijuana possession and sales charges stemming from a 2008 arrest. By denying Jackson a medical marijuana collective defense at his second trial, the court virtually assured his conviction.
For years Jackson had operated his San Diego medical marijuana dispensary, Answerdam Alternative Care Collective, before being raided in September 2009 by a multi-agency task force dubbed "Operation Green Rx." Although more than 60 people were arrested in several raids coordinated by Dumanis in collaboration with the federal Drug Enforcement Administration (DEA), Jackson was one of only two defendants Dumanis chose to prosecute in state court. The case against the other defendant, Eugene Davidovich, resulted in a jury acquittal of similar charges earlier this year.
Much of the opposition to local distribution from Dumanis and other detractors like Los Angeles District Attorney Steve Cooley, who recently lost his bid for Attorney General, is based on an interpretation which holds that patients cannot use money to obtain their medical marijuana, or that "sales" are somehow illegal under state law. This interpretation that patients must take part in the cultivation, must "till the soil," is strenuously held by a few rogue officials despite guidelines issued in 2008 by the California Attorney General's office and legal case law to the contrary. In Jackson's case, the court held that the dispensary operator must cultivate the marijuana sold by the dispensary.
"Jackson should not have been denied a defense and should not be used as a scapegoat for the District Attorney's misguided position that medical marijuana sales are illegal," said Eugene Davidovich, who also heads the San Diego chapter of ASA. In an effort to keep medical marijuana out of Jackson's second trial, Judge Shore ordered people in the audience to remove articles of clothing that displayed an Americans for Safe Access logo, including tote bags carried into the courtroom.
Notably, the San Diego City Council has been working for more than a year on a local medical marijuana distribution law, which would regulate the same activity for which Jackson was convicted. A San Diego grand jury issued recommendations in June calling on city and county governments to implement the state's medical marijuana law. In particular, the grand jury urged development of a "program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana."
Further information:
Jackson's motion for a new trial filed by ASA: http://AmericansForSafeAccess.org/downloads/Jackson_New_Trial_Motion.pdf
San Diego grand jury recommendations on medical marijuana: http://www.sdcounty.ca.gov/grandjury/reports/2009-2010/MedicalMarijuanaReport.pdf
Showing posts with label Jovan Jackson. Show all posts
Showing posts with label Jovan Jackson. Show all posts
Tuesday, December 7, 2010
Tuesday, September 21, 2010
Jovan Jackson Second Trial - DAY 3 - Court Support Alert
Please come out tomorrow morning at 9am on Wednesday, September 22, 2010 for Jovan Jackson’s second Medical Marijuana Trial, Day 3.
The prosecution is close to being finished presenting their case in chief, and the Jury needs to see now more than ever the community supporting Jovan in the courtroom. The trial is held in Department 15 and is open to the public at 9am.
Please come out and show your support for Jovan and against this injustice and unfair trial!
WHAT: COURT SUPPORT
WHEN: Wednesday, September 22, 2010 – 9am-4:30pm
WHERE: San Diego Superior Court, 220 W Broadway
Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Thursday, September 16, 2010
Unfair Trial of Jovan Jackson
WHEN: 8:30 - 9:30am Friday, September 17th 2010
WHERE: 220 W Broadway, San Diego CA 92101
SAN DIEGO - Mr. Jackson is facing a second trial, less than a year after being acquitted by a jury of all medical marijuana related charges just a few months ago. In State court where medical marijuana is legal, Jackson has been denied the right to a fair trial by being denied the opportunity to present the medical marijuana defense to the jury even though Jackson is a legitimate patient.
Today the prosecutor Chris Linbergh spent the morning arguing with the Judge as to why ALL of Mr. Jackson’s supporters should be excluded from the courtroom. Linbergh requested that specifically the ASA shirts not be allowed in the courtroom or the courthouse, that Eugene Davidovich, San Diego ASA Coordinator be banned from being present inside the courtroom, as well as that the retired / disabled Navy veteran, a friend of Jovan's who has come to Jovan’s hearings in the past and wore his NAVY dress blues, not be allowed to wear the uniform.
The Judge dismissed these requests as being ridiculous and some in violation of the first amendment. Judge Shore did however allow Linbergh to keep the ASA shirts out of the courtroom.
Today following the arguments to limit Mr. Jackson’s support, Jury Selection began. It is expected that Jury Selection will be finished today, with the opening statements in the trial to start on Friday morning at 9:00am in Department 15.
Please come out tomorrow to the courthouse at 8:30am and help us send a strong message that we will not tolerate this unfair persecution of legitimate patients and are outraged at the attempt to keep the community out of the courtroom.
Dumanis’ office is not just waging a fierce fight against patients, they are also actively breaking the law and attempting to keep this case as quiet as possible. Please help spread the word about the case, the protest and this injustice.
Bring a friend and come to the protest tomorrow. Everyone who attends the protest will receive a free ASA shirt, sponsored by Marcus Boyd. Although the shirts cannot be worn in the actual courtroom, outside in the hallways, the are allowed.
Your support is critical for this trial!
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Friday, February 26, 2010
Jovan Jackson Second Trial To Move Forward
By: Eugene Davidovich
This morning Jovan Jackson again went to San Diego Superior court for a preliminary hearing on the second medical marijuana trial related to the Operation Green Rx Raids orchestrated by Bonnie Dumanis in cooperation with DEA through the Integrated Narcotics Task Force.
San Diego ASA membership turned out in numbers to support Mr. Jackson today filing more than half of the courtroom with supporters.
In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid on Answerdam, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.
Charges related to the 9/9/9 raid are considered a separate case as this time the "buy" was on a different date then the "buy" in the original case where Mr. Jackson was found not guilty by the jurors.
Today in court in front of Judge Albert Harutunian, the prosecutor Chris Lindbergh argued to have the medical defense excluded for Mr. Jackson even thought Jackson’s physician’s statement was admitted into evidence.
Lindbergh also argued that patients who buy marijuana can technically be charged as "conspirators" to an illegal operation and that since Mr. Jackson did not subpoena 1600 people to testify for him today, that he could not prove that this was a collective.
Following the statement in the last paragraph, a chill ran through the courtroom as everyone collectively realized that what Linbergh was saying is that now the DA is considering charging members of collectives (non founding members) as co conspirators to illegal operations.
What happened to Dumanis’ promise not to go after patients?
In the hearing Linbergh also talked about what most in our community have come to understand as the "Group Farm" fallacy. Lindbergh explained that if all 1600 Answerdam patients first actually came together and hung out for a bit with each other (this would satisfy them having to associate), then together decided to grow medical marijuana, all chipped in some with money others with actual labor (this would satisfy the cultivate), then maybe that would be a defense.
Lindbergh confirmed several times that it was definitely the intent of Prop 215 that terminally ill, physically disabled, and immobilized patients participate in the cultivation effort.
We also heard testimony from Detective Mark Carlson who proclaimed on the stand at first to be an expert on medical marijuana laws, then went on to explain that he is a Federal Agent and technically all cultivation is illegal. Carlson was designated as the state medical law expert chief investigator by Lindbergh in this case.
Today's witness testimony also included the infamous Pierre Tiberius Uggla (aka Mike Mendez) who went to Answerdam and upon completing his membership agreement for the collective, wrote his real name (Mike Mendez) on the form rather than his undercover alias and as a result almost fumbled the DA’s entire investigation into Answerdam exposing to the members the fact that they were continuing this illegal persecution of patients through investigations.
In July of last year shortly after Mendez’s visit to Answerdam and as part of the continued efforts of the Stop Operation Green Rx campaign and San Diego Americans for Safe Access, members of San Diego ASA went to the San Diego City Council and delivered a copy of the form Mike Mendes completed with his real name to the San Diego City Councilmember asking them to intervene in this situation and bring these prosecutions to an end. The video of that speech can be seen here: http://www.youtube.com/watch?v=-OQ3YR133hQ
Unfortunately our pleas have gone unheard since then. Operation Green Rx is still in full force and today Mendez went on to explain that as part of his duties, he regularly goes to local doctors and lies. He explained that he went to see a doctor in Mission Valley last year, lied about a serious back injury that cause chronic pain which he told the doctor he suffered from. After presenting the doctor with a slew of symptoms related to the injury and receiving a physical examination from the doctor; he was issued a recommendation letter for medical marijuana and has since joined multiple collectives and bought medical cannabis from them on numerous occasions.
We also heard from testimony from cancer survivor, medical cannabis patient, and member of the Answerdam Collective, Paul Ford. Who testified that not only did the cannabis he obtained in Answerdam help alleviate his symptoms, no medicine out there has helped him more than cannabis obtained from Answerdam. Mr. Ford also explained that he was very well aware that he was a member not customer of Anwerdam and it was clear to everyone in the court that all his contributions in exchange for the medicine went directly towards the continued support of the cultivation effort /collective of Answerdam.
Unfortunately the judge ruled that there was enough evidence for Mr. Jackson to stand trial again, and that since this was the preliminary hearing, the prosecution did not have to prove beyond a reasonable doubt, just raise potential for guilt. The case was bound over for trial, and Mr. Jackson’s arraignment on the charges in his second medical marijuana trial is scheduled for mid March.
Operation Green Rx continues and today in court it was clear that the efforts of DA Bonnie Dumanis to continue the persecutions and medical marijuana eradication efforts in San Diego are not only continuing, they are escalating, and will continue to intensify as she is gearing up for her next election.
Mr. Lance Rogers, attorney for Jovan Jackson did an excellent job representing his client and fought as hard as he could to get the case dismissed. Although the case was bound over, Mr. Jackson will still get to present and argue the Murgia Motion (prosecutorial discrimination). Hopefully the next judge will see the absurdity of this trial and dismiss it.
Thank You Jovan for continuing to stand up for our rights, and not allow these persecutions to be swept under the rug through plea deals.
The perpetrators of these this continued efforts to subvert state law and persecute patients both in the DA’s office and in the integrated narcotics will not be left unnoticed. The voters and juries will hold you accountable for your actions.
This morning Jovan Jackson again went to San Diego Superior court for a preliminary hearing on the second medical marijuana trial related to the Operation Green Rx Raids orchestrated by Bonnie Dumanis in cooperation with DEA through the Integrated Narcotics Task Force.
San Diego ASA membership turned out in numbers to support Mr. Jackson today filing more than half of the courtroom with supporters.
In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid on Answerdam, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.
Charges related to the 9/9/9 raid are considered a separate case as this time the "buy" was on a different date then the "buy" in the original case where Mr. Jackson was found not guilty by the jurors.
Today in court in front of Judge Albert Harutunian, the prosecutor Chris Lindbergh argued to have the medical defense excluded for Mr. Jackson even thought Jackson’s physician’s statement was admitted into evidence.
Lindbergh also argued that patients who buy marijuana can technically be charged as "conspirators" to an illegal operation and that since Mr. Jackson did not subpoena 1600 people to testify for him today, that he could not prove that this was a collective.
Following the statement in the last paragraph, a chill ran through the courtroom as everyone collectively realized that what Linbergh was saying is that now the DA is considering charging members of collectives (non founding members) as co conspirators to illegal operations.
What happened to Dumanis’ promise not to go after patients?
In the hearing Linbergh also talked about what most in our community have come to understand as the "Group Farm" fallacy. Lindbergh explained that if all 1600 Answerdam patients first actually came together and hung out for a bit with each other (this would satisfy them having to associate), then together decided to grow medical marijuana, all chipped in some with money others with actual labor (this would satisfy the cultivate), then maybe that would be a defense.
Lindbergh confirmed several times that it was definitely the intent of Prop 215 that terminally ill, physically disabled, and immobilized patients participate in the cultivation effort.
We also heard testimony from Detective Mark Carlson who proclaimed on the stand at first to be an expert on medical marijuana laws, then went on to explain that he is a Federal Agent and technically all cultivation is illegal. Carlson was designated as the state medical law expert chief investigator by Lindbergh in this case.
Today's witness testimony also included the infamous Pierre Tiberius Uggla (aka Mike Mendez) who went to Answerdam and upon completing his membership agreement for the collective, wrote his real name (Mike Mendez) on the form rather than his undercover alias and as a result almost fumbled the DA’s entire investigation into Answerdam exposing to the members the fact that they were continuing this illegal persecution of patients through investigations.
In July of last year shortly after Mendez’s visit to Answerdam and as part of the continued efforts of the Stop Operation Green Rx campaign and San Diego Americans for Safe Access, members of San Diego ASA went to the San Diego City Council and delivered a copy of the form Mike Mendes completed with his real name to the San Diego City Councilmember asking them to intervene in this situation and bring these prosecutions to an end. The video of that speech can be seen here: http://www.youtube.com/watch?v=-OQ3YR133hQ
Unfortunately our pleas have gone unheard since then. Operation Green Rx is still in full force and today Mendez went on to explain that as part of his duties, he regularly goes to local doctors and lies. He explained that he went to see a doctor in Mission Valley last year, lied about a serious back injury that cause chronic pain which he told the doctor he suffered from. After presenting the doctor with a slew of symptoms related to the injury and receiving a physical examination from the doctor; he was issued a recommendation letter for medical marijuana and has since joined multiple collectives and bought medical cannabis from them on numerous occasions.
We also heard from testimony from cancer survivor, medical cannabis patient, and member of the Answerdam Collective, Paul Ford. Who testified that not only did the cannabis he obtained in Answerdam help alleviate his symptoms, no medicine out there has helped him more than cannabis obtained from Answerdam. Mr. Ford also explained that he was very well aware that he was a member not customer of Anwerdam and it was clear to everyone in the court that all his contributions in exchange for the medicine went directly towards the continued support of the cultivation effort /collective of Answerdam.
Unfortunately the judge ruled that there was enough evidence for Mr. Jackson to stand trial again, and that since this was the preliminary hearing, the prosecution did not have to prove beyond a reasonable doubt, just raise potential for guilt. The case was bound over for trial, and Mr. Jackson’s arraignment on the charges in his second medical marijuana trial is scheduled for mid March.
Operation Green Rx continues and today in court it was clear that the efforts of DA Bonnie Dumanis to continue the persecutions and medical marijuana eradication efforts in San Diego are not only continuing, they are escalating, and will continue to intensify as she is gearing up for her next election.
Mr. Lance Rogers, attorney for Jovan Jackson did an excellent job representing his client and fought as hard as he could to get the case dismissed. Although the case was bound over, Mr. Jackson will still get to present and argue the Murgia Motion (prosecutorial discrimination). Hopefully the next judge will see the absurdity of this trial and dismiss it.
Thank You Jovan for continuing to stand up for our rights, and not allow these persecutions to be swept under the rug through plea deals.
The perpetrators of these this continued efforts to subvert state law and persecute patients both in the DA’s office and in the integrated narcotics will not be left unnoticed. The voters and juries will hold you accountable for your actions.
Friday, February 19, 2010
JACKSON RETURN OF PROPERTY MOTION DENIED
By: Eugene Davidovich, February 19, 2010
This morning Lance Rogers, Attorney for Jovan Jacksons argued a return of property motion in front of Superior Court Judge Bashant. The courtroom had over a dozen of Jovan’s Supporters a large majority of whom were active members of San Diego Americans for Safe Access.
After hearing the arguments from both sides, Judge Bashant denied the motion. Throughout the arguments it was clear by the expression on the Judge’s face that she was simply going through the motions, and had already made up her mind prior to walking into court.
She explained that the motion was being denied without prejudice for two main reasons; first the prosecution could potentially still use the evidence in the new case which goes to prelim later this month, secondly, because the medical cannabis as well as most other items are held by the DEA. she had no authority to order the Feds to do anything.
When asked why the evidence was in the DEA’s possession on a state case, Prosecutor Chris Lindbergh explained that most evidence is given to the DEA because the Narcotics Task Force that conducted the raid is a cross jurisdictional entity and also has federal power. He also explained that it is more convenient for them to store it there.
Mr. Jackson will return to court on February 26, 2010 for the preliminary hearing in his second trial. The Prelim is scheduled for 8:30 am in Department 11 in the San Diego Superior Court House.
Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
This morning Lance Rogers, Attorney for Jovan Jacksons argued a return of property motion in front of Superior Court Judge Bashant. The courtroom had over a dozen of Jovan’s Supporters a large majority of whom were active members of San Diego Americans for Safe Access.
After hearing the arguments from both sides, Judge Bashant denied the motion. Throughout the arguments it was clear by the expression on the Judge’s face that she was simply going through the motions, and had already made up her mind prior to walking into court.
She explained that the motion was being denied without prejudice for two main reasons; first the prosecution could potentially still use the evidence in the new case which goes to prelim later this month, secondly, because the medical cannabis as well as most other items are held by the DEA. she had no authority to order the Feds to do anything.
When asked why the evidence was in the DEA’s possession on a state case, Prosecutor Chris Lindbergh explained that most evidence is given to the DEA because the Narcotics Task Force that conducted the raid is a cross jurisdictional entity and also has federal power. He also explained that it is more convenient for them to store it there.
Mr. Jackson will return to court on February 26, 2010 for the preliminary hearing in his second trial. The Prelim is scheduled for 8:30 am in Department 11 in the San Diego Superior Court House.
Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Monday, February 8, 2010
COURT UPDATE: Jovan Jackson Preliminary Hearing
This morning Jovan Jackson went to court for the preliminary hearing in his second medical marijuana case, part of Bonnie Dumanis’ medical marijuana eradication efforts. The prosecution however was not ready to proceed again, and the preliminary hearing was postponed to February 22, 2010 – 8:30am Dpt 11.
This Thursday, the 11th of February Jackson’s attorney will argue Colleteral Estoppel; also known as ‘Double Jeopardy’. That day, the court will be asked to consider that a “later prosecution will necessarily entail a grossly absurd and unjust result”, as Mr. Jackson has already been vindicated of all charges related to operating a legal medical marijuana collective.
Please come out this Thursday to support Jovan and his fight against the illegal prosecutions of legitimate patients!
Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
This Thursday, the 11th of February Jackson’s attorney will argue Colleteral Estoppel; also known as ‘Double Jeopardy’. That day, the court will be asked to consider that a “later prosecution will necessarily entail a grossly absurd and unjust result”, as Mr. Jackson has already been vindicated of all charges related to operating a legal medical marijuana collective.
Please come out this Thursday to support Jovan and his fight against the illegal prosecutions of legitimate patients!
Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Wednesday, January 6, 2010
Jovan Jackson Sentencing Interview / Update
Mr. Jackson of Answerdam Collective is a legitimate medical cannabis patient and victim of two Operation Green Rx raids, part of Bonnie Dumanis’ effort to eradicate medical cannabis from San Diego. The first raid occurred in August of 2008, the second on September 9, 2009. Last month, Mr. Jackson was tried and vindicated of felony charges related to the first raid. Today Mr. Jackson was sentenced in State Court.
Kelly Wheeler of the City News Service reported that “Before sentencing, Judge Cynthia Bashant reduced Jackson’s felony conviction for possession of ecstasy to a misdemeanor, saying it probably would have been charged as such if not for the underlying medical marijuana case.”
Mr. Kelly went on to report “The judge also cited Jackson’s lack of prior criminal record and said there was no evidence that the 31-year-old defendant had the pills so he could sell them to others. Prosecutor Chris Lindberg unsuccessfully argued that the defendant’s possession of ecstasy was not misdemeanor conduct.”
San Diego Americans for Safe Access caught up with Mr. Jackson today after his sentencing to discuss the details. Watch the in depth interview here:
The prosecution has not given up in its efforts. Mr. Jackson is still facing a second trial for the same charges he was vindicated of. The preliminary hearing for the second medical marijuana trial is set for January 11, 2010 @ 8:30 am in Department 11 of the San Diego Superior Court 220 W Broadway, San Diego, CA 92111 on January 11, 2010. It is critical that concerned citizens, patients and anyone concerned about your tax dollars being spent on another wasteful trial.
Local Media Coverage of Mr. Jackson's Sentencing Hearing:
http://www.sdnn.com/sandiego/2010-01-06/local-county-news/medical-marijuana-collective-manager-gets-probation-for-ecstasy-posession
Eugene Davidovich
www.SafeAccessSD.org
Kelly Wheeler of the City News Service reported that “Before sentencing, Judge Cynthia Bashant reduced Jackson’s felony conviction for possession of ecstasy to a misdemeanor, saying it probably would have been charged as such if not for the underlying medical marijuana case.”
Mr. Kelly went on to report “The judge also cited Jackson’s lack of prior criminal record and said there was no evidence that the 31-year-old defendant had the pills so he could sell them to others. Prosecutor Chris Lindberg unsuccessfully argued that the defendant’s possession of ecstasy was not misdemeanor conduct.”
San Diego Americans for Safe Access caught up with Mr. Jackson today after his sentencing to discuss the details. Watch the in depth interview here:
The prosecution has not given up in its efforts. Mr. Jackson is still facing a second trial for the same charges he was vindicated of. The preliminary hearing for the second medical marijuana trial is set for January 11, 2010 @ 8:30 am in Department 11 of the San Diego Superior Court 220 W Broadway, San Diego, CA 92111 on January 11, 2010. It is critical that concerned citizens, patients and anyone concerned about your tax dollars being spent on another wasteful trial.
Local Media Coverage of Mr. Jackson's Sentencing Hearing:
http://www.sdnn.com/sandiego/2010-01-06/local-county-news/medical-marijuana-collective-manager-gets-probation-for-ecstasy-posession
Eugene Davidovich
www.SafeAccessSD.org
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