By Terrie Best – San Diego Americans for Safe Access
San Diego, CA - Over 60 senior citizens put the Edward
Schwartz Federal Courthouse on its ear by forming a long line outside the
building, donning green medical cannabis ribbons of support, and setting off
metal detectors with their canes and walkers.
Their mission: To support
Ronnie Chang, Hal Pilotte and co-defendants Gary Maddox and Peter Suhan (all
allegedly connected to Club One Collective/Extreme Holistic Care, formerly San
Diego Dispensary Services). The defendants were in court with their attorneys
Michael J McCabe, Paul Turner, Mark Bluemel and Tom Matthews to argue a motion
challenging the legality of a wire tap.
Michael McCabe, who wrote and
argued the motion to suppress the evidence obtained from the wire tap, asserted
the affidavit used to support the warrant contained false statements and
omissions of facts. Further, had those false statements not been included in the
affidavit and had the omitted information been included there would not have
been enough probable cause to support the wire tap warrant, making it illegal.
US Prosecutor, Paul Starita decided not to use oral arguments and seemed
quite taken aback by the full galley of supporters. The US attorney’s office
likely understands it will be difficult to seat a jury who would convict when it
is common knowledge that California is a medical cannabis state.
For
years, the federal government has senselessly interfered with states rights to
regulate cannabis in accordance with Proposition 215, a peoples’ initiative,
SB420, designed to clarify the scope of 215, and the California Attorney
General’s Guidelines for the Security and Non-diversion of Marijuana Grown
for Medical Use.
Among the points of Starita’s written response was
the opinion that primary care givers for infirm people who use medical cannabis
may not be entities but only individuals. Mr. McCabe, however was able to
quickly enter evidence to discredit Starita’s argument with documents he
obtained from state court.
In the now vacated state case against Ronnie
Chang, prosecutor Theresa Pham entered the collective’s membership agreement
into evidence some time ago and Mr. McCabe obtained and used the agreement to
expose Starita’s falsehood that the collective ever designated themselves as
primary care givers.
The state case was vacated when the US Attorney’s
office inserted themselves into the matter and San Diego District Attorney (and
failed Mayoral candidate), Bonnie Dumanis allowed county resources to be used to
assist in the victimization of the defendants on the federal level. This
disturbing level of cooperation illustrates how much assistance Dumanis office
provides the US attorney’s office in their effort to thwart the will of
California voters.
In the courtroom every chair in department 5 was
filled and 20 more supporters waited outside necessitating a US Marshall be
stationed at the door throughout the hearing to keep latecomers out, for lack of
seating.
The Judge, Michael M Anello, acknowledged the supporters with
an understanding of why we were there. In a show of authority to the seniors
however, US Marshalls attempted to put Ronnie Chang, who is in custody, in the
corner of the courtroom away from his counsel, an intimidation tactic that did
not work on his honor.
In the end Judge Anello ruled against the
defendants, a crushing blow to the supporters who were seen leaving the
courtroom in tears. Mr. McCabe remained to speak with supporters, explain the
motion’s arguments and provide information on the case law cited within it.
Among the case law Mr. McCabe used in his motion:
Franks v. Delaware, 438
U.S. 154 (1978)
United States v. $186,416.00 in U.S. Currency, 590 F.3d 942
(9th Cir. 2010)
People v, Mower
People v. Mench
People v.
Colvin
On the other hand, Paul Starita, in his effort to exit the room
and escape the crowd at the end of the hearing, accidentally hit Ronnie Chang’s
mother in the head with the swinging door as he exited and she was taken away by
ambulance. Mrs. Chang is doing well but sustained heavy bruising.
Outside the courthouse supporters were delighted to hear attorney Bahar
Ansari Miller take interest in the case and it looks hopeful she will take Hal
Pilotte as a client, replacing appointed counsel, Paul Turner. Ms. Ansari
Miller was co-counsel with Mr. McCabe in the successful Davidovich state case a
few years ago and has extensive knowledge in medical cannabis law.
Later
that day, Hal Pilotte thanked his friends and supporters with this note:
Ann and I wish to thank all of you who showed up to support us in court yesterday, and those of you who held us up in your thoughts and prayers and couldn't be their. We had around 50+ supporters who showed up for us and well over 20 people who could not get seats inside the courtroom. We know it made an impact. A special thanks to Colleen McCall. Colleen took calls from people who were concerned about us and wanted some information on how to get to the Federal courthouse and Coaster train times to and from. You are all dear dear friends.Hal also vowed to keep fighting this terrible injustice. He and his wife Ann continue to help with the care of Ronnie’s mother while Ronnie is in custody.
Upcoming court dates for this case are October 30, 2012 at 9:30AM and November 28, 2012 at 9:30AM, Dept. 5, on the 3rd Flr. of the San Diego Federal Courthouse, 940 Front St. at Broadway, San Diego, CA, 92101.
Other articles on this case:
http://www.safeaccesssd.org/2012/01/club-one-collective-federal-court-update.html
http://www.safeaccesssd.org/2012/07/state-legal-medical-cannabis-patient.html
http://www.safeaccesssd.org/2010/10/san-marcos-sues-for-emergency.html
Helpful links:
www.FIJA.org
www.SafeAccessNow.org
www.SafeAccessSD.org
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