>Sender: >To: >X-Original-Message-ID: <261f01bf3b76$fc630230$9acf69cf@pacbell.net> >From: "Peter McWilliams" >Subject: William F. Buckley, Jr. to my rescue yet again >Date: Tue, 30 Nov 1999 13:07:57 -0800 >X-Mozilla-Status: 8001 >X-Mozilla-Status2: 00000000 > > > > In Pursuit of Truth & Justice in California > >by William F. Buckley, Jr. > > > The Federal narcomaniacs decided, at some point, > > to move in on the California scene. > > Background: In l996, a plebiscite was > > conducted. Proposition 215 ruled that a Californian > > could take marijuana if counseled to do so for reasons > > of health by his doctor. > > That would seem a reasonable decision, by a self- > > governing state. But it ran athwart a federal ruling. It > > is that marijuana is a proscribed substance and that its > > use under any circumstances is therefore unlawful. > > California, then, became the legal battleground. > > And the Feds walked into a quandary when the United > > States Court of Appeals for the Ninth Circuit last > > September authorized a cannabis club in Oakland to > > resume providing marijuana to patients where there was > > medical necessity. In such cases, said this honorable > > court, medical necessity could be used as a defense > > against a court injunction obtained by the Washington > > narcs. > > What apparently happened in the past fortnight was > > a policy decision to force the hand not only of > > California, but of the Ninth Circuit. Judge George H . > > King of Los Angeles was given two indictments to try. > > Peter McWilliams, an author, publisher, and poet, and > > > Todd McCormick, an entrepreneur. McWilliams and > > McCormick were charged with conspiring to manufacture > > marijuana, which indeed is exactly what they did, > > growing 4,300 plants. The design, said the defense, > > was to make these plants available to the cannabis clubs > > to pass the drug along as authorized by Proposition 215. > > The trial was scheduled to begin on November 30. > > On the eve of the trial Judge King decided, so to speak, > > to eliminate the Bill of Rights. > > Defense strategy had been to advise the jury of > > the reasons the defendants thought to act as they did. > > They would cite Proposition 215, expressing the will of > > the citizens of California. Then they would recite the > > medical story. > > Todd McCormick has fused vertebra from childhood > > cancer treatments. Peter McWilliams has AIDS and also > > an AIDS-related cancer, non-Hodgkin's lymphoma. He > > went through chemotherapy and radiation for the cancer > > and then a pharmaceutical therapy for AIDS. In the > > account of Charles Levendosky, writing in the Ventura > > County Star, "The cancer treatment brought on complete > > remission. The AIDS treatment calls for a mixture of > > chemically derived protease inhibitors and anti-viral > > medications in order to prevent the spread of the AIDS > > virus in his body. He must continue his AIDS treatment > > in order to live." > > In July l998, federal agents arrested > > McWilliams. They put handcuffs on him, took him to jail, > > kept him there for several weeks, then released him on > > bail on the proviso that he must not use marijuana, an > > edict the enforcement of which called for random urine > > tests. > > Again in the account of the Ventura County Star: > > "McWilliams stopped smoking marijuana. He now takes the > > prescription anti-nausea drug, Marinol, that he claims > > only works about a third of the time. He vomits much > > of his AIDS medications and, by the fall of l998, the > > amount of live AIDS virus in his blood had reached a > > critical stage. McWilliams can no longer walk any > > farther than 50 feed and uses a wheelchair. All of this > > since his arrest." > > The judge issued his ruling: The defendants would > > not be permitted to advise the jury of the existence > > of Proposition 215, which presumably would have served > > to extenuate the guilt the prosecution was asserting > > (one wonders whether a juror would have been dismissed > > for cause if he/she had voted for Prop 215?). And, the > > jury would not be permitted to hear the medical record > > of the defendants. McWilliams' attorney would not be > > permitted even to tell the jury that he could not > > address certain issues in the case, or give the reasons > > why he could not do so. > > So...the defense folded. There isn't much point > > in undertaking to defend yourself is the reasons why you > > acted as you did you are prohibited to bring up. > > > Obviously the high command of Narcs Inc. feared > > that the temptation would be felt by the jury to > > "nullify." That happens, to use the language of Mr. > > Levendosky, "when a jury deliberately rejects the > > evidence of guilt or refuses to apply the law because it > > wants to send a message about a social issue or because > > the result dictated by the law is contrary to the jury's > > sense of justice, morality, or fairness." > > So the fate of Peter McWilliams and of Todd > > McCormick is in the hands of Judge King. Perhaps the > > cool thing for him to do is delay a ruling for a few > > months, and just let Peter McWilliams die. > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: