>Sender: >To: >X-Original-Message-ID: <001301bf375d$ae5f4a70$9acf69cf@pacbell.net> >From: "Peter McWilliams" >Subject: Fw: Another POW >Date: Thu, 25 Nov 1999 07:56:48 -0800 >X-Mozilla-Status: 8001 >X-Mozilla-Status2: 00000000 > > > > >Sent: Thursday, November 25, 1999 7:47 AM >Subject: Another POW > > >Another activist, this time in Idaho, sentenced for defending the Herb. >This is from MAP: > >US ID: Marijuana Activist Gets Five-Year Sentence > >URL: http://www.mapinc.org/drugnews/v99.n1272.a03.html > >Newshawk: Freedom >Pubdate: Wed, 24 Nov 1999 >Source: Times-News, The (ID) >Copyright: 1999 Magic Valley Newspapers >Contact: letters@magicvalley.com >Address: P.O. Box 548, Twin Falls, ID 83303 >Fax: (208) 734-553 >Feedback: http://www.magicvalley.com/submit.html >Website: http://www.magicvalley.com/ >Author: Brian Haynes, Times-News writer > >MARIJUANA ACTIVIST GETS FIVE-YEAR SENTENCE > >TWIN FALLS -- A local medical marijuana advocate was sentenced to >prison Tuesday, but >she remained free thanks to a timely appeal by her lawyer. > >Kathy Tadlock, who was convicted in September of possessing >marijuana with intent to >deliver, sobbed as District Judge Nathan Higer sentenced her to >one to five years in prison. >Court bailiffs were ready to take Tadlock into custody when public >defender John Hansen >presented his already-written appeal. > >Higer allowed Tadlock to remain free on bail during the appeal, >but she'll have to take a drug >test every three days. If drugs show up in any test, Tadlock will >go to prison. > >Tadlock's appeal brings up three points concerning the trial, >which ended with a jury's guilty >verdict: > >* It questions Higer's decision to disallow the medical marijuana >defense. > >* It questions whether Higer was wrong in telling the jury that >Idaho law does not recognize >the medical marijuana defense. > >* It questions whether the evidence supported the intent to >deliver charge against Tadlock. > >Idaho's appellate public defender, who will handle the case from >here, can add other issues to >the appeal. > >With the threat of prison over her head, Tadlock said she wouldn't >use marijuana during the >appeal. > >"I'll follow their rules," she said. "I won't like it, but I'll >follow their rules." > >Tadlock wore a marijuana sticker to Tuesday's hearing, bearing the >words, "No victim, no >crime." During her trial, she said she smokes marijuana daily to >alleviate chronic pain, because >she can't swallow traditional pain medications. If she had her >way marijuana would be legal >to smoke in Idaho - -- for medical reasons at least. > >She's been openly campaigning to change Idaho's marijuana laws. >She is a founder of the >Magic Valley Freedom Fighters, a group which held a rally in City >Park in May to advocate >deregulating marijuana. > >During Tuesday's hearing, Hansen questioned prosecutor Jill >Sweesy's references to >Tadlock's activism. He said Tadlock's beliefs have nothing to do >with the case. > >"I have to contest using a person's political beliefs as a reason >for putting a person in prison," >Hansen said. "We're not that kind of country." > >Sweesy disagreed, saying Tadlock's activities showed her attitudes >toward drugs. > >"She's not being prosecuted for her views, but for her acts," she >said. > >Those acts included keeping nearly a half pound of marijuana, >$5,000 in cash and scales in >her bedroom, she said. > >Police found those items during a search earlier this year. The >investigation began when >Tadlock's former lover, Mark Kennedy, told police she was selling >large amounts of >marijuana. Kennedy said during trial that he made up the story to >get revenge. > >Tadlock has said all along that she never sold or intended to sell >marijuana. > >Because of that lack of remorse, in addition to indications that >Tadlock would continue using >marijuana, Sweesy recommended a three-to five-year prison >sentence. > >Hansen recommended probation or a short prison stay, called a >rider, which gives defendants >a chance at freedom after about six months. > >Higer said a prison sentence was the only way to deter Tadlock and >others from using and >selling marijuana. > >"You claim that you're the victim today and there needs to be >other alternatives," Higer said >to Tadlock just before handing down the sentence. "The alternative >you chose was to treat >your pain and risk prison. That was your choice." > >Earlier Tadlock said she knew having marijuana was illegal, but >she was willing to risk legal >troubles so she could have her "medicine." > >"A choice between pain and prison is no choice at all," she said. >MAP posted-by: Richard Lake > > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: