Search Results: mccabe (9)

San Diego Americans for Safe Access
Dexter Padilla, left, shown with his wife Mariesol, saw the case against him dismissed after a mistrial on Thursday

Another devastating blow to San Diego District Attorney Bonnie Dumanis’ fierce fight against medical marijuana patients; Judge Laura Parsky declares a mistrial after the jury was hopelessly deadlocked
 
By Eugene Davidovich
 
On May 16, 12 jurors and two alternates were selected in the trial of San Diego County District Attorney Bonnie Dumanis v. Dexter Padilla, Navy veteran, medical marijuana patient and president of Therapeutic Healing, a San Diego based non profit medical marijuana coop.

San Diego Americans for Safe Access

A press conference on behalf of Navy veteran and medical marijuana patient/provider Dexter Padilla has been set for Tuesday, May 22, at 12:30 p.m., in front of the Hall of Justice at 330 West Broadway, San Diego, California. The press conference was arranged by the San Diego Chapter of Americans for Safe Access.

A jury was selected last week and Padilla’s marijuana trafficking trial began on May 16 in Department 27 of San Diego Superior Court for the Honorable Laura Parsky.
Throughout the last week, the prosecution presented its side in the criminal trial of District Attorney Bonnie Dumanis v. Padilla, a Navy veteran, medical cannabis patient and president of Therapeutic Healing Collective (THC), a San Diego-based nonprofit medical marijuana cooperative.
The prosecution’s entire case consisted of two witnesses from D.A. Dumanis’ Cross Jurisdiction Task Force. The Task Force, which is strongly supported by Dumanis, was formed to commandeer local law enforcement in an effort to help the federal government circumvent California’s medical marijuana laws.

FederalJack.com

By Eugene Davidovich
San Diego Americans for Safe Access
San Diego District Attorney Bonnie Dumanis presses on with the state trial of a medical marijuana patient in full compliance with California law — even after the feds refuse to prosecute and court records show the federal Drug Enforcement Administration’s involvement in theft of attorney-client records.
Twelve jurors and two alternates were selected on Wednesday in Department 27 of San Diego Superior Court, officially starting the criminal trial of Dexter Padilla, a Navy veteran, medical marijuana patient and president of Therapeutic Healing, a San Diego-based non profit medical marijuana coop. 

Photo: City Pulse

​Law enforcement claimed the Wednesday raid by Oakland County Sheriff’s deputies of the Oak Park offices and warehouse of a well-known medical marijuana dispensary was spurred by tips to police that the site was “supplying drug dealers.”
The Oakland County Narcotics Enforcement Team, wearing bullet-proof vests and masks, executed a search warrant and seized about $2,874 in cash, nine pounds of harvested marijuana stored in a freezer, five pounds of packaged marijuana, about two dozen cannabis plants, and 10 pounds of baked goods from facilities belonging to Big Daddy’s Management Group, Oakland County Undersheriff Mike McCabe said, reports Bill Laitner of the Detroit Free Press.

Photo: Tim Thompson/The Oakland Press
Candi and Bill Teichman, owners of Everybody’s Café in Wateford Township, Mich., have lost their children, their bank accounts, and their dispensary — all because police officers made fake patient ID cards and bought medical marijuana from them.

​How’s this for a waste of taxpayers’ money and law enforcement’s time? Oakland County Sheriff’s deputies used phony Michigan patient cards they created on a county computer to trick state-approved medical marijuana providers into selling cannabis to the cops.

Days after cops bought cannabis with the fake IDs, county narcotics agents raided two medical marijuana dispensaries on August 25, in Ferndale and Waterford, Mich., reports Bill Laitner at The Detroit Free Press.
“These officers were denied entrance on several occasions because of improper paperwork, but when they appeared with these cards, I had no way to check,” said Brian Vaughan, former doorman at the now-closed Everybody’s Café dispensary in Waterford. Vaughan is charged with multiple marijuana violations.
“You’ve got law enforcement spending time and money to entrap users of medical marijuana,” Southfield attorney Michael Komorn said on Tuesday.
Meanwhile, the cops are claiming that the phony patient ID cards weren’t entrapment, but were a legitimate way to get “evidence.”
“Regardless of whether the cards were real or not, the pure and simple fact is, dispensaries are not legal in Michigan,” claimed Oakland County Undersheriff Mike McCabe.

Photo: Eugene Davidovich
Eugene Davidovich on getting his weed back: “Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?”

A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.

“Although I don’t agree with this, I have no choice but to return the property of Mr. Davidovich,” said Judge David Szumowski. 
“After receiving a refusal from the District Attorney’s office to comply with our letter of demand for the return of all my property, today we were forced to spend more of our resources as well as the taxpayers’ resources on frivolous litigation caused by San Diego District Attorney Bonnie Dumanis’s bias and hate towards medical marijuana,” Davidovich said.
“Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?” Davidovich asked.

Davidovich, the former defendant in a San Diego medical marijuana trial, said the office of  the District Attorney was wrongfully holding his belongings, despite his acquittal by a jury.
Eugene became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him. According to Davidovich, the reason he had to go back to court to get his belongings is likely political.
Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously found not guilty by a jury on March 25.

Photo: Eugene Davidovich
Eugene Davidovich: “I don’t know why I can’t get my property back”

​The former defendant in a San Diego medical marijuana trial says the office of District Attorney Bonnie Dumanis is wrongfully holding his belongings, despite his acquittal by a jury.

Eugene Davidovich, who became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him, said the D.A.’s refusal to return his property is likely political, reports Hoa Quach at San Diego News Network.
“I dont’ know why I can’t get my property back,” Davidovich said. “I don’t understand but it seems to be politically-driven.”
Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously found not guilty by a jury on March 25.
Despite his acquittal and repeated attempts to reclaim his property, Davidovich said his belongings haven’t been returned.
Attorney Michael McCabe contacted deputy district attorney Theresa Pham at least five times to obtain Davidovich’s belongings, to no avail. Finally, on Wednesday, McCabe sent a letter to Pham with the formal request.
“Since Mr. Davidovich was acquitted of all charges by the jury’s verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items,” McCabe wrote in the letter. “Thus, under the express power conferred upon the Court by Penal Code 1536, these items must be returned to Mr. Davidovich.”


Photo: Eugene Davidovich
Medical marijuana patient, provider and activist Eugene Davidovich was victorious in court today.

​San Diego District Attorney Bonnie Dumanis’s war on medical marijuana patients and providers suffered another crushing defeat Thursday afternoon, as activist Eugene Davidovich was acquitted by a jury of all charges stemming from his arrest last year as part of Operation Endless Summer.

Davidovich was facing four felony charges and the very real possibility of a long prison sentence.

A Navy veteran with an honorable discharge, Davidovich started a legal medical marijuana collective in San Diego, carefully abiding by state law.
Eugene was arrested in February 2009 by San Diego narcotics officers for providing another legal patient with medical marijuana.
He told Toke of the Town that the chief investigative officer in his case testified on the stand that the officer based his expert testimony on “medical marijuana training” on a handout from something called the Narcotic Educational Foundation of America, “Drug Abuse Education Provider of the California Narcotic Officers’ Association.”
In these “training” materials, titled Use of Marijuana As A “Medicine” (PDF) (the quotes are theirs), we learn immediately — in the first sentence! — how these guys roll.

Photo: www.westcoastleaf.com

​A Superior Court in California has ordered the Department of Motor Vehicles (DMV) to pay $69,400 in attorneys’ fees to a medical marijuana advocacy organization.

The Merced Superior Court on Thursday ruled the DMV must reimburse Americans for Safe Access (ASA). The attorneys’ fees award results from a lawsuit filed by ASA in November 2008 against the DMV for its policy of unjustly revoking drivers’ licenses of qualified medical marijuana patients.