Opening Statements Begin, Security Measures Upgraded at Jackson Medical Marijuana Trial

By: Eugene Davidovich
SAN DIEGO - If you thought intimidation couldn’t get any worse in the San Diego State Courts, think again. This morning Department 15 as per the new demands of the San Diego District Attorney Bonnie Dumanis, was outfitted with additional security measures. While walking up to the courtroom this morning a congregation of bailiffs could be seen outside and a giant walk through metal detector erected along with a 3’x4’ sign displaying the warning “ALL PERSONS SUBJECT TO SEARCH”.

“This monstrosity is clearly over the top”, Terrie Best member of San Diego Americans for Safe Access stated this morning while outside of court. “It is nothing more than then prosecutor’s Jury Intimidation Machine”.

The proceedings began this morning with Judge Shore instructing the jurors on rules of the court. The Judge focused special attention on admonishing the Jurors to immediately report to the court all attempts made by anyone to influence or talk to them. The Judge even focused his attention on the public and stated that it was a crime to tamper with the Jury and that anyone caught attempting to do so, would be severely punished.

While this order was being read, Paul Levikow, Dumanis’ head of Public Relations who was sitting in the front row behind the prosecution, turned around in his chair, and also focused his attention on the supporters. He began to nod his head as the Judge was speaking and continued to give the supporters a long and intimidating stare, clearly trying to instill fear and discourage the public from attending the trial.

Following this clear show of force and intimidation, Chris Lindbergh began his opening statements, in which he claimed that Mr. Jackson was operating a store that would sell marijuana to anyone that came in. A claim completely false and against the evidence that shows that all 1600 members of the Answerdam collective were legitimate patients.

After the DA’s opening statements, the Jury was asked to step into the courtroom next door (a second courtroom commissioned specifically for this trial) while a 402 hearing could be held to determine if Detective Carlson, the investigating officer in the case, was qualified to testify during the trial.

After the Jurors left the courtroom, Detective Mark Andrew Carlson got on the stand, and claimed to be an expert in the medical use of cannabis. He testified that an eight hour narcotics class administered by the California Narcotic Officers Association about how marijuana was not a medicine, made him a medical expert in the field.

The Judge agreed and to the objections of the defense, Carlson was qualified as an expert and allowed to testify in front of the Jury.

The Jurors were let back into the courtroom, and Carlson took the stand as a medical expert. Among many misleading and false statements that Carlson made on the stand, Carlson claimed that the marijuana found at Answerdam was definitely not in compliance with state law and was clearly not for medical use.

At noon, the court took its lunch recess with the proceedings resuming at 1:30 in the afternoon when Carlson is expected to be back on the stand for defense cross examination.

“They will not scare the public away. We will continue to support Mr. Jackson and his fight for our rights” stated Terrie Best while leaving the courthouse for the lunch recess.

San Diego Americans for Safe Access
www.safeaccesssd.org

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San Diego Medical Marijuana 'Raid Rumors' Update

Today we have received confirmation that California's Finest Meds Collective located at 1133 Broadway in San Diego was in fact closed down. According to eyewitness testimony, several unmarked vehicles pulled up to the collective yesterday, March 16, 2010 and proceeded to confiscate paperwork, medicine, as well as a number of other items inside the facility.

It was reported that the San Diego County Integrated Narcotics Task Force (NTF) is responsible for this raid. Detective Decastro, the mastermind of Operation Green Rx, is reportedly in charge of this investigation as well.

Mr. Decasstro is also the chief investigating officer in my case, and although he has been present for every minute of every day of my trial, on Tuesday, March 16, he was noticeably absent from the courtroom in the morning. However he did return in the afternoon for the remainder of the proceedings.

This morning, we have received reports that a home was also raided in Encinitas, CA a suburb of San Diego County. This raid was also executed by the NTF and spearheaded by the DEA as part of the ongoing Operation Green Rx investigations and medical marijuana eradication efforts. It is reported that the individual who resides at the home in Encinitas was not arrested but all his property was seized.

We have NOT received any more reports of raids, or arrests. Currently and based on the information available today, it seems that the NTF is ramping up for more raids. It would also seem that this time, unlike in the last round of raids of 9.9.9, the NTF is doing them one at a time rather than a sweep.

This is the time when everyone in San Diego needs to read up on the laws, and ensure that you are doing everything possible to stay in full compliance with the law. Remember, Proposition 215 is the law, Senate Bill 420 is the law, medical cannabis is here to stay, and your efforts of continuing to provide safe access to the San Diego Community are critically important to many thousands here in San Diego.

Here are a few suggestions for staying safe:

1. Keep Medicine Inventory Levels low.
2. Patient Records should be kept offsite as to protect the patient's confidentiality from the NTF and DEA. All bank statements, as well as accounting paperwork should also be kept offsite at a secure location, so that it can later be used by you rather then the NTF to prove the not for profit operation.
3. Watch out for fake recommendations, ensure that there is both an expiration date, as well as all the other required information. Ensure that EVERY recommendation is verified with the phycisian prior to allowing the member to join the collective.
4. NO GUNS. Do not keep any firearms inside your home or the facility.
5. Be Prepared and know your rights. Without a search or arrest warrant, you do not have to let the NTF or any other officials into your facility. If they do come, be polite, respectful, and quiet. You do not have to speak with anyone, it is your right to remain silent and to seek the advice of an attorney during ALL questioning.

Three Police Interaction Levels and Three Safe Ways To handle Them (courtesy of Marcus Boyd)

1. Casual Conversation: Ask if youre being detained. If not, walk away!
2. Detention: If you are detained, ask why! Be sure to remember what they say to you.
3. Arrest: Say "I choose to remain silent and I want to see a lawyer". Remain Silent. Dont answer any questions, just politely repeat your assertion and rmember you have now envoked your right to remain silent. Exercise it.

BE PREPARED:
Visit the Raid Preparedness section of the San Diego ASA website for a comprehensive raid preparation guideline:
http://www.safeaccesssd.org/p/raid-preparedness.html

San Diego Americans for Safe Access - www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org