San Diego State Court Judge Breaks Law!!

 
Update on current court status of Medical Marijuana patient, Nathan Archer: I am a qualified and verified medical marijuana patient going through a medical marijuana trial process in San Diego.

The first day we entered the court we were to decide what is admissible evidence, which format of instructions would be read to the jury and still jury selection. The judge exhibited her first willingness to break the law by supporting with the DA, Robert Bruce, requested that my doctors recommendation that I use medical cannabis would not be admissible as evidence. [ this left me absolutely defenseless, being unable to support my status as a valid medical marijuana patient.]...

Previous Coverage || Related: DEA Raids SD Medical Marijuana Dispensaries | DA Dumanis Lies About Law | The Love and Death of a San Diego Activist | Medical Cannabis Advocates Decry Increase in State's MMJ Patient Cards

Nathan Archer
Nathan Archer
My name is Nathaniel D. Archer, I am a qualified and verified medical marijuana patient going through a medical marijuana trial process in San Diego. Previously I stated that I had a disgruntled public defender, who appears to have the same agenda as San Diego... I would like retract that statement, My public defender has been forced by my continual stance of innocent to investigate the law regaurding medical marijuana patients rights. Since then he has shown great effort in defending me in my case.

The first day we entered the court we were to decide what is admissible evidence, which format of instructions would be read to the jury and still jury selection. The judge exhibited her first willingness to break the law by supporting with the DA, Robert Bruce, requested that my doctors recommendation that I use medical cannabis would not be admissible as evidence. [ this left me absolutely defenseless, being unable to support my status as a valid medical marijuana patient.]

The DA recognizing the opportunity for a mistrial and so submitted the following day that my recommendation be allowed as credible without the need for the doctor to come in for verification purposes. He requested that the jury be instructed CALJIC included with CALCRIM I opposed siteing " According to the authors of CALCRIM and CALJIC: 'The CALJIC and CALCRIM instructions should never be used together. While the legal principles are obviously the same, the organization of concepts is approached differently. Trying to mix the two sets of instructions into a unified whole cannot be done and may result in omissions or confusion that could severely compromise clarity and accuracy.' The judge M. Woods ruled that the CALCRIM was the most current format and is the result of years of research and will be the format to be used to instruct the jury. The case was heard and the judge before instructing the jury allowed, in their absence, for a CALJIC for to be included and she would be citing Health and Safety Code 11362.77 a) and excluding b),c),d),e)and f). [[basically she was only stating that a patient can possess no more than 8 ounces and 12 immature or 24 mature marijuana plants per qualified patient, but not stating that patients can exceede\ that amount, cities and counties may establish limits that exceed state limits. AND the statement that only the flowers of the female cannabis plant should be considered when determining the allowable amounts, in hopes of illuding the jurors to the fact that the leaf I possesed was infact processed marijuana.]
My "Public Defender" was furious stating that in his 30 years he has never seen such a blatant display of disregard of the law as Judge Woods is exhibiting."

The following court date she retracted the omissions and again "modified" CALCRIM to include CALJIC. After the point had already been raised that never should the two be combined or intertwined. The DA, Robert Bruce has had no clear case against me on either account and has reached as far as to print out my articles from this site and even my myspace account.

The jury consists of 12 jurors and 1 alternate juror one of the jurors works in jury services, one is a retired DA whose wife is retiring as a judge.... During Jury selection on of the panel of 49 identified himself as an FBI Agent and stated to have recalled reading the name "Nate Archer" in an FBI file somewhere......

San Diego is exhibiting one of the most blatant displays of malicious prosecution against a qualified, verified medical marijuana patients and should not be allowed to act with such blatant disregard of the law.

The law is the law and until it is changed it is to be treated as law. According to Supervisor Bill Horn Medical marijuana is illegal in fact here is a direct statement taken from his website [you can find it at this link to read more of his ridiculous actions] http://www.sdcounty.ca.gov/cnty/bos/sup5/email/20051117/word20051117.html anyways here is the statement:

"I’m proud of the courageous stand by two of my fellow Supervisors in joining me to oppose a State mandate that the County set up a system to give out identification cards for people to smoke marijuana.

Federal law bans the cultivation, sale, possession and use of marijuana for any purpose, however, in California, Proposition 215 decriminalizes the use of marijuana and Senate Bill 420 forced counties to issue ID cards for people who use marijuana for medical purposes.

It’s crazy and we believe illegal for us to ignore federal drug laws. If we did that, how in good conscience could we serve and protect the people of San Diego County? That’s why the County has chosen to sue the State because we believe state legislation is pre-empted by federal law.

While those on the pot bandwagon continue to blow a smoke screen of confusion about so-called medical marijuana, people who understand reality know where medical marijuana cards will lead."


As you can see this is what we're up against in san diego. We really need to show more fellow support and be more active with the law making and enforcement a task force should be re-instated in San Diego and Collectives should be allowed to provide for qualified patients. I will provide more as soon as I can I am getting tired and have a bit of a drive to get to court in the morning on July 6, 2007 before 8:30am, so for now...

Be strong and stand firm in the truth that you have rights, exercise them and assist others to be informed of their rights as well. Continue to send letters and make calls to your representatives, don't give up the fight. It is still our country and we don't have to stand for this sort of tyranny or monarchical government.

... to be continued.

Nathan Archer.

homepage:: http://sandiego.indymedia.org/ read more: http://sandiego.indymedia.org/en/2007/07/127029.shtml

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