New Mayor of San Diego, Former Congressman Bob Filner Offers Humanitarian Path to Safe Access – Calls For Action Against DA & Feds. Mayor Filner took questions and addressed many concerns of the medical marijuana community. This is the first time a sitting Mayor in San Diego attended an Americans for Safe Access meeting.
Mayor Bob Filner told some current defendants facing legal action that he would appear and speak at their trials if the court allow him to speak in favor of legal medical marijuana.
60 Minutes Medical Marijuana “Green Rush”
By Terrie Best – San Diego Americans for Safe Access
September 13, 2012
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
“When you’re a lawman & you’re dealing with people, it’s best not to go by the book, but to go by the heart.” ~ Sheriff Andy Taylor, Mayberry, NC
By: Terrie Best
San Diego, CA – Ron Chang, a state legal medical cannabis patient, remains in federal custody after a motion to modify his pretrial release was denied by Judge Michael M. Anello in the United State District Court for the Southern District of California.
On July 30th, 2012, in front of Ron Chang’s supporters and patient advocates, Michael J. McCabe, attorney for Ron, presented a motion requesting a release from federal detention on (Ron’s) own recognizance (O.R) when his attempts to satisfy collateral for a 200,000 dollar bond were not met and the bond was pulled.
The local bond company first issued the bond but then took Ron into custody last month pointing to an audit by their underwriter as the cause for the bond pull and his re-arrest.
Both U.S. Prosecutor, Paul Starita and U.S. Pretrial Services Officer, Tammy Riedling argued vigorously against the motion for O.R. release. Starita, claiming to know nothing about the audit at the bond company which led to the arrest, was also dismissive of a heartfelt letter from a physician treating Mrs. Chang, Ron’s elderly mother.
The physician’s letter to the court requested Ron be released to resume the care of his mother. Pleas from Ron’s employer and assertions of his good character were also met with indifference by the Prosecutor and Pretrial Services Officer.
Judge Arnello called the aim of the motion a “humanitarian issue” but Riedling listed a host of petty violations such as low batteries in the tracking device used to monitor Ron previous to the June arrest as her reason for opposing the motion.
Starita, knowing that a man in custody is strategic positioning for his office to force a plea bargain, insisted the unsecured bond was his main objection to the O.R. release. Starita also argued that “anybody who used the care of their mom to get out of trouble” is problematic and clearly a flight risk, showcasing the U.S. Attorney’s utter disdain and lack of compassion for medical cannabis patients.
“This amounts to a vindictive prosecution,” said San Diego Americans for Safe Access Vice Chair, Marcus Boyd. Boyd pointed to a 2010 civil action in the City of San Marcos where MMSC, a collaboration of medical marijuana patients including Ron, successfully fought off an emergency injunction by the city. In his statement Boyd cited this article http://www.safeaccesssd.org/2010/10/san-marcos-sues-for-emergency.html as basis for his view.
After hearing the arguments, Judge Arnello denied the motion to modify Ron’s pretrial conditions without prejudice and gave the defense two weeks to secure the pulled bond with collateral.
The next hearing for the motion to modify Chang’s release will be held at 2:00 on August 21, 2012, in Department 5 of the US District Court at Front St. San Diego, CA 92101.
Ron Chang and his co-defendants James Brand, Gary Maddox, Hal Pilotte, Peter Suhan and Amanda Ventura (allegedly connected to Club One Collective/ Extreme Holistic Care) will also be in court with their attorney’s Michael McCabe, Paul Turner, Knut Johnson, James Dicks and Mark Bluemel, this time to argue motions challenging the legality of the wire tap used in this case.
The illegal wire tap hearing is scheduled for September 10th, 2012 also in Department 5 of the San Diego Federal Court Building at 940 Front Street, San Diego, CA 92101.
Additional articles on this case:
For more information:
Terrie Best, San Diego Americans for Safe Access Court Support Coordinator firstname.lastname@example.org