>From: "Peter McWilliams" >To: "Ann" >Subject: Re: I cannot use medical defense at trial >Date: Sat, 6 Nov 1999 09:00:41 -0800 >X-Mailer: Microsoft Outlook Express 5.00.2314.1300 >X-Mozilla-Status: 8011 >X-Mozilla-Status2: 00000000 > >Thank you,. > >Enjoy, > >Peter > > >----- Original Message ----- >From: Ann >To: Peter McWilliams >Sent: Saturday, November 06, 1999 3:49 AM >Subject: Re: I cannot use medical defense at trial > > > > In a word, devastating. I'm praying for you, buddy. God help us all. > > > > love > > ann > > > > Peter McWilliams wrote: > > > > > > In the most Kafkaesque turn of events to date, the trial judge has granted > > > the government's motion and ruled I cannot use a medical marijuana necessity > > > defense, nor can I mention Proposition 215, marijuana's medical usefulness, > > > the 8 patients who get medical marijuana monthly from the federal > > > government, or my medical condition: > > > > > > The closing paragraph of the ruling is attached to this e-mail. For the > > > complete ruling (4 pages), please go to http://petertrial.com/kafka.htm. > > > > > > This means my testimony will go something like this: > > > > > > PROSECUTOR: "Mr. McWilliams, did you grow marijuana?" > > > ME: "Yes." > > > PROSECUTOR: "How much marijuana?" > > > ME: "About 300 plants." > > > PROSECUTOR: "Thank you." > > > > > > End of testimony. > > > > > > The only question the jury will have to decide is whether I am responsible > > > for Todd McCormick's 4000 plants because I gave him a book advance for How > > > to Grow Medical Marijuana or the 1,600 plants Scott Hass allegedly grew with > > > his severance package money from my publishing company (he was the president > > > of Prelude Press, Inc.). > > > > > > The difference is the difference between a 5-year mandatory minimum (under > > > 1,000 plants) or a 10-year mandatory minimum (over 1,000 plants). > > > > > > At this point, due to my AIDS, I basically don't have an immune system, and > > > any stay in the germ-rich environment of a federal prison would be a death > > > sentence. I would no doubt be placed on the "hospital floor" where the > > > tuberculosis and other highly contagious patients are "quarantined" from > > > everybody except the prisoners on the hospital floor. > > > > > > There are three possible alternatives to prison sentences: > > > > > > 1. Ask the trial judge for permission to appeal his ruling to the 9th > > > Circuit Court before trial. (In federal courts, almost all appeals are > > > heard after conviction.) If the 9th Circuit permits us a medical necessity > > > defense, I am confident I would be found not guilty. > > > > > > 2. Ask the judge after the guilty verdict to extend my bail during the > > > appeal process. (Usually in drug cases, the convicted are taken into custody > > > immediately after sentencing. Unlike rapists, kidnappers, and robbers, we > > > pose a danger to the community.) > > > > > > 3. Ask the judge to sentence me to house arrest for the five or ten years > > > based on my medical condition. > > > > > > The Sixth Amendment to the United States Constitution reads: > > > > > > In all criminal prosecutions, the accused shall enjoy the right to a speedy > > > and public trial, by an impartial jury of the state and district wherein the > > > crime shall have been committed, which district shall have been previously > > > ascertained by law, and to be informed of the nature and cause of the > > > accusation; to be confronted with the witnesses against him; to have > > > compulsory process for obtaining witnesses in his favor, and to have the > > > assistance of counsel for his defense. > > > > > > It doesn't say a thing about the right to put on a defense. > > > > > > (The investigative new drug program is the one in which the federal > > > government sends marijuana to 8 patients each month for medical purposes and > > > has been since 1972.) > > > > > > ------------------------------------------------------------------------ > > > Name: Ruling excerpt.jpg > > > Ruling excerpt.jpg Type: JPEG Image (image/jpeg) > > > Encoding: base64 > > > > > > ------------------------------------------------------------------------ > > > ================================================================ > > > > > > This message is sent to you because you are subscribed to > > > the mailing list . > > > To unsubscribe, E-mail to: