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Jury Trial


satdude84

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Okay, It's been awhile since I've been on here and I'm not exactly familiar with all the new features so I hope I'm posting this right...

 

Some of you older members may remember me, I was robbed at gunpoint in Clarkston, it seems Bouchard has reffered to me in some of his writing, however inaccurate his refferences may have been, after I reported the robbery and that my meds were some of what was robbed they opened an investigation which led to the raid of my grow room. Yes I was stupid to believe I would be seen as the victim considering I had just had a shotgun to my head and wanted the gentlemen off the street, I gave them a license plate number they gave me two court cases, one I have to sit next to the gentlemen who put the guns to my head!! Anyway, I'm writing because Tues January the 11th is my first Jury Trial and I'm hoping some supporters will show so the Jury knows this is an important issue and I'm a human being. This whole case has been a complete joke, it's amazing being in the system how much I've seen and come to realize our justice system isn't what it's supposed to be... I sat and watched as the arresting Detective lyed on the stand not once but twice and I'm sure he'll lie a third time as well, I was called in to "go over" the report from the night before, where I was robbed, not too long after showing up the detective from my robbery case excused himself from the room and told me he had someone else he wanted me to talk to, two minutes later two other detectives step in and over the course of two hours I'm grilled for information about my grow room, I was told everything from we're gonna lock you up to we're going to raid your house in full armor guns drawn knock down your door and scare the living bunny muffin out of your kids, I held out, told them 5 times I wanted an attorney, that didn't stop them infact when he got on the stand he stated I never asked for an attorney, and guess what, even though the "interview room" was equipped with recording technology, they didn't use it cause they "weren't familiar with it" even though they used in on other people in my other case. Anyway, it's a traggedy our Justice system has set out on a war against Medical Marijuana Patients, but I'm not laying down and taking it, I've refused every deal they've offered I'm sick of this moo poo and I'm not going to take it.

 

I hope to see as many people there as possible, I'd love them to have to move us to a bigger court room because there aren't enough seats... If you can't make it I understand, if you can I can't wait to meet you/see you again...

 

The trial starts with Jury selection Tues 9am January 11th, which may be an hour or may be three, after which starts the prossecutions case, then ours, it's expected to go through Wed and possibly Thurs, it's at

Genesee County Circuit Court House

900 S. Saginaw St

Flint, MI 48502

3rd Floor Judge Neithercut's Court Room

 

If anyone needs anymore information let me know...

I hope to see you all there...

 

Oh yeah, Today we're arguing a motion in front of the same judge because we submitted our witness list with acouple expert witnesses in the field of growing, guess what, the prossecuter doesn't want them heard, we'll see how it goes, if there are any changes to the trial date I will definitely let you guys know so noone has to find out by showing up and noone else being there. Oh and dont think I actually called the gunmen gentlemen, apparently my language reffering to born out of wedlock wasn't nice enough, they don't deserve the term gentlemen though...

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Okay, no comments so I don't know if anyone is reading this... LOL. So I guess I'll tell whomever is listening about today and vent a bit.

I had too many clones, not uncommon, I didn't know how many were going to survive and what not, anyway, we line up expert witnessess to testify, one comes in, looks at the pics and says, you clearly weren't doing anything malicius, it looks like you're trying to gaurantee the continuous non-interupted supply of meds for you and your patient, I didn't have enough equipment to grow out any more plants than I was legally allowed to have, and I was obviously going to weed out the runts of the litter. We get infront of the judge, the prosecutor argues that the expert witnessess shouldn't testify because it's clear cut, I had more than 12 plants, that's what the law allows, under no circumstance should I have more, he argues that we're trying to confuse the jury.

My attorney argues, this is part of section 8, this whole case has been handled like a narcotics bust from the sherrifs to the prosecuter, this is a medical marijuana case, section 8 states a patient/caregiver can do what's reasonably neccessary to gaurantee a non-interupted continuous supply for myself and my patient, this is what I was doing, these expert witnessess are just going to get up there and let the jury know the possibilities and how an experienced grower would go about this that and the other, blah blah, the judge says they're irrelevent, and can't be used. He also states the law says 12 plants, no more, and it doesn't talk about seeds stems or stalks, when it comes to the weight it just says 2.5 ounces. My problem is they weighed my garbage from garbage bags of stalks and stems and are stating I had 7lbs. We as patients WHO HAVE READ THE LAW know usable matieral excludes seeds STALKS AND STEMS. Guess what, he said the law DOESN'T say that. THIS GOD DARN JUDGE HASN'T EVEN READ THE darn LAW!!!!!! WTF!!!! When my attorney trys to argue the judge says "well I guess you have cause for an appeal"!! WTF?!?!?! Sorry to use such vulgar language but I'm being persecuted and prosecuted as if I'm an Illegal grower blatently breaking the law. I'M A LEGAL PATIENT, yes I was outside the law on my number of clones, yes I had garbage bags full of stalks and stems I had ready to toss in the trash, the Medical Marihuana Act provides a defense for my excess clones in section 8, but the judge just ruled by total ignorance that that's not true the law doesn't say that and I can't use my Defense, That as a defendant defending myself from these accusations I can't use a legal defense explaining it which was built into the law. He also violated my rights to a fair trial and to defend myself against these acusations by taking away my expert witnessess. How is this a fair or Just JUSTice system??!! The only way to rebut these accusations is to testify myself, which will be seen as a biased opinion, when the law provides me the right to not testify at trial. So unless I want to sit silent while my attorney sits silent and the prosecuter butchers me, I have to testify alone. I can tell you this, if I had killed someone say with a knife and they were found holding a knife or in my house or anything like that, and I was planning on defending myself with a self defense defense, the judge would've allowed my expert witnessess and allowed me to proceed as such, but growing medical marijuana for myself and my patient, no such luck!! WTFFFFFFFFF!!! I HAVE LOST ALL FAITH IN OUR JUSTICE SYSTEM, ALL FAITH!!!

 

ANYWAY, the trial was put off by 5 hours, it will now start with jury selection at 1pm tomo, the 11th of January, it will most likely go through wed and possibly thurs. I still request anyone available to show support, PLEASE SHOW UP. If nothing else the jury will know I have plenty of people behind me.

 

Genesee County Circuit Court

900 S. Saginaw St.

Flint, MI

3rd floor, Judge Neithercut's court room

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My heart goes out to you and your family. We the United States have become a "Police State". I think our fore-fathers would be turning over in there grave if they could see what are current government is doing to our constitution...to our people. I wish you the best of luck.

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LMFAO...

DISMISSED

The prosecution rested it's case stating that there were too many plants because of my clones, and there was too much Marijuana... they weighed the Marijuana in at like 7lbs, unfortunately what they weighed didn't have buds, had come out of the trash and contained almost completely stems, stalks, and roots... We didn't even get the chance to present our case, the prosecution presented theirs and when they were done, after my attorney ripped into the investigating officer, he told the jurors to leave and then asked if there were any motions, my attorney argued to supress the marijuana cause it haden't been weighed as the definition of "usable material". There was quite a bit of argument, the judge looked quite a bit at the bags and stated the prosecution had enough time to weigh it as what was usable, haden't and therefore it was supressed, THEN, he went on to read section four from the MMMA, he stated very determined and even stated it was a poorly written law while doing it but stated section 4 stated I needed to be over my 2.5 ounces of usable material AND over my 12 plants per patient.

The prosecutor looked horrifyed as he scrambled to find a way to justify his prosecution, then after everyone had left the court room he stated he wanted a stay based on the fact the judge didn't formerly dismiss the jury, WTF, grasping at straws or what?

There was a gentleman who did show up to support me whom I didn't know but was told he was there to support me, I walked by him quickly to get to the restroom cause the judge granted a bathroom break and I had needed a bathroom break for quite some time, I planned on coming back to thank him for showing up but when I re-entered the court room he wasn't there, I really appologize and hope he didn't take offense, I did plan on coming back and thanking him but HAD to empty my bladder...

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My heart goes out to you and your family. We the United States have become a "Police State". I think our fore-fathers would be turning over in there grave if they could see what are current government is doing to our constitution...to our people. I wish you the best of luck.

 

 

Thank You for your thoughts, I agree with you all the way, I was robbed at gun point and by reporting it and reporting the medicine they took I became a target for an investigation which led to 4 court cases, a possession with intent to distribute in Oakland, a violation of probation due to new criminal activity because the police told my probation officer I was violating the law which by the way even though I was on probation the judge ordered I could use Marijuana, the 3rd case being civil: Oakland County is suing me for my equipment, and Manufacturing in Genesee County for my grow room illegally raided. The Genesee case was just DISMISSED which I believe will make the Oakland County suit for my equipment go away cause this judge ruled I get my equipment back. I believe I've set enough precedence in my Genesee case to dismiss my Oakland case for possession, which since it's a new law and I haven't been found guilty is hard to believe the violation of probation could go through. Maybe just maybe this law was meant to look like it had grey areas but in actuality it was really 100% meant to give patients/caregivers all the rights and control over their abilities to provide an uninterupted supply of Medical Marijuana...

 

:)

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Satdud84,Just read this and its the 12th, so did not know otherwise we could have started screaming.As you surely know you must yell from the highest mountain your INNOCENT and keep saying it over and over. Your Attys sound somewhat good,who is it?Second, do not get despondent. they all lie through their teeth, their COPS what do you expect ? Honesty. Cold day in hell before they would blow a case to be merely honest.Keep battling. Keep posting. If you need an appeal --- which is certainly sounds like as Section 8 is the one that applies and it sounds like a simple winning appeal, if your Atty or you need an appellate Brief email cyberlaw6024@hotmail.comand we'll chat as it sounds like an open and shut winner if they will not let you use an affirmative defense.M

 

 

I appreciate the offer to help with an appeal, you may want to offer it to the prosecution cause they're going to need help after that dismissal... LMAO

I don't mean to sound cocky but I've been fighting this for over a year having people tell me I might get jail time the whole time knowing the cases were built on bull$hT and telling everyone such without being understood, now I've gotten the first confirmation that I was right and I'm flippin Happy cause all this BS has been weighing on my whole family for entirely too long and I'm beginning to see the light at the end of the tunnel... :)

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I drove over from Wisconsin - I observed you and what was going on. I hope you noticed the difference in the moronic-Judges responses between day one and day 2. YOUR CASE is really one worthy of appellate review and the JUDGE is concerned about that considering his behavior on day1.

 

The prosecutor in your case failed to meet his burden and technically- is/was told by the court that the evidence they presented - wasn't evidence. I dropped a note off to the Judge, that reminded him that Abuse of discretion WILL NOT help the prosecutor or the people of the state of Michigan. Judge Neithercutt has a history of - believing his personal views-supersede state laws, he's I beg to differ and WILL RUB IS STUPID FACE IN IT. I let the Judge know I traveled a 1000 miles to make sure he played by the rules because when he doesn't- I am not afraid of some silly billy Judge who don't know what his responsibilities are NOR will I tolerate some jerkoff-jackass prosecutor trying to make a name for himself- even if the name is BOZO. THAT is all this case is about- YOU were under NO OBLIGATION TO SPEAK WITH POLICE ABOUT YOUR GROW ROOM- the conversaton was voluntary- YOU SHOULD HAVE REMAINED SILENT and said NOTHING, a point I imagine you now, know.

 

AS in most of these cases the problems arise from threats and intimidation by law enforcement this case is NO DIFFERENT - resulting in the legal grower or lawful patient's waiving or otherwise permitting unlawful or unreasonable interference by law enforcement. COPS ARE NOT YOUR FRIEND- they are NOT THAT CAPABLE. NEVER TRUST A MAN IN A UNIFORM WHO CARRIES A BADGE- the scariest words in the english Language are, I am A cop, I am here to help.

 

Your counsel on the record should have made more objections regarding the quantity of evidence presented in the original filing- an evidentiary hearing on the matter would have quashed the stems and seeds properly presenting to the court that the excess clones were the only UNLAWFUL criteria that you may or may not have violated. LUCKY FOR YOU is that they, the police and moronic prosecutor are indelibly as bad as they are and after being realizing that there was a real lawyer in the room- things changed for you.

 

YOU NEED TO SEEK APPELATE COUNSEL I was NOT AT ALL IMPRESSED with your representation- YOU NEED TO GO AND DEMAND THE RETURN of your property- under state law and at the same time- FILE A CLAIM of Abuse of process and REPORT THE PROSECUTOR- it was his responsibility to make sure that the EVIDENCE- was indeed evidence- its pretty easy to demonstrate that the allegation of 7lbs was "contrary to the truth" its not that they are not able to tell the difference between cannabis and seeds and stems- "this case" is the equvilant of the federal government announcing they discovered 80000 lbs of cocaine when in fact they found two ounces in a tractor trailer. this isnt a case of 7 lbs this IS and WAS a cop and a prosecutor abusing their delegated authority and that is UNLAWFUL.

 

Alan Shore

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Believe me I understand about talking to the cops...

But,

My attorney made several objections about the evidence and the judge made it very clear he really didn't care, and there was an evidentiary hearing, but it didn't go our way, we kept asking ourselves why the judge didn't recognize the MMMA, then on the first day we had a very real and extremely hilarious realization that what we had said the last couple weeks in closed quarters were true, the judge nor the prosecutor had read the law...

That changed after he was handed it by my attorney, and the judge asked why he didn't submit it earlier...

My attorney requested my property back and the judge ruled in my favor...

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satdude84 i wish i had been their for you man i remember meeting you at the Oakland County NORML meeting am sorry i was not their for you i just found this Biog

enter key

thank you for that tidbit anyways am glad for you i/we are still inn Court almost 2 years now good luck with your oter case

Peace from the front

Bob

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Satdude, I do remember when you first posted your bust. I remember many in the MMMA criticized you. Now you are vindicated. Congratulations.

 

 

Thank You,

I remember as well, people didn't think I should've called the police and what not, all I was thinking about at that time was, I just had a gun put to my head, get these guys off the streets, next time they might kill someone.

I can't say if I had it to do over again I would, I know the hassle from the police and prossecution has been a heavy weight not only on me but my family and children, I wouldn't wish this on anyone, especially over a beautiful, elegant plant let alone a medicine. Had I known what I now know, I may not have called the police, but I can't say for sure, cause maybe those 4 young punks that robbed me would've headed off and robbed another, maybe killed. I just hope in the Oakland County case the robbers don't get off because the prosecutor was so hell bent on putting me in jail/prison, it wouldn't surprise me though, cause he seems to be focusing on me.

 

Thanks Again...

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satdude84 i wish i had been their for you man i remember meeting you at the Oakland County NORML meeting am sorry i was not their for you i just found this Biog enter keythank you for that tidbit anyways am glad for you i/we are still inn Court almost 2 years now good luck with your oter casePeace from the frontBob

 

It's fine, hopefully you can make it to the next one, it'll be closer for you anyway... :)

Stay Strong, hope all goes well for both of you... Let me know if there is anything I can do to help...

 

Thanks...

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I first saw this today . Blogs appear not to get much coverage and this was newsworthy . I went from sadness to joy to hear how your first case went . Let us hope your second is similar . Though some have stated things should not be posted in several forums I can see where this was also Michigan News as well as sensible to be in Victims of the System to obtain more coverage . Thank you for meeting this head on thus defending all other patients who may find themselves in a similar situation and educating officials who would not be swayed any other way . I know you didn't sign up to be the vehicle of change . However thank you for taking on the role when forced on you . .

 

BTW you may find this a interesting item or at least it may help others hearing your story . .

 

In a 2009 study, Chief Beck ( California ) found that 71 robberies had occurred at the more than 350 banks in the city compared to 47 robberies at the more than 500 medical marijuana facilities. In response to his report, Chief Beck observed that:

“banks are more likely to get robbed than medical marijuana dispensaries,”

 

and the claim that dispensaries attract crime:

 

“doesn’t really bear out.”

 

I am sure the amount of home invasions / robberies would show similar results inspite of what our States prohibitionist supporters would declare in the news daily The problem would be much less frequent if patients felt free to report issues and they were actually pursued . Thankfully you survived both the robbers and dealing with a uneducated , confused , and prejudiced law enforcement entitiy unable to let go of past unjust policy.

 

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I drove over from Wisconsin - I observed you and what was going on. I hope you noticed the difference in the moronic-Judges responses between day one and day 2. YOUR CASE is really one worthy of appellate review and the JUDGE is concerned about that considering his behavior on day1. The prosecutor in your case failed to meet his burden and technically- is/was told by the court that the evidence they presented - wasn't evidence. I dropped a note off to the Judge, that reminded him that Abuse of discretion WILL NOT help the prosecutor or the people of the state of Michigan. Judge Neithercutt has a history of - believing his personal views-supersede state laws, he's I beg to differ and WILL RUB IS STUPID FACE IN IT. I let the Judge know I traveled a 1000 miles to make sure he played by the rules because when he doesn't- I am not afraid of some silly billy Judge who don't know what his responsibilities are NOR will I tolerate some jerkoff-jackass prosecutor trying to make a name for himself- even if the name is BOZO. THAT is all this case is about- YOU were under NO OBLIGATION TO SPEAK WITH POLICE ABOUT YOUR GROW ROOM- the conversaton was voluntary- YOU SHOULD HAVE REMAINED SILENT and said NOTHING, a point I imagine you now, know. AS in most of these cases the problems arise from threats and intimidation by law enforcement this case is NO DIFFERENT - resulting in the legal grower or lawful patient's waiving or otherwise permitting unlawful or unreasonable interference by law enforcement. COPS ARE NOT YOUR FRIEND- they are NOT THAT CAPABLE. NEVER TRUST A MAN IN A UNIFORM WHO CARRIES A BADGE- the scariest words in the english Language are, I am A cop, I am here to help.Your counsel on the record should have made more objections regarding the quantity of evidence presented in the original filing- an evidentiary hearing on the matter would have quashed the stems and seeds properly presenting to the court that the excess clones were the only UNLAWFUL criteria that you may or may not have violated. LUCKY FOR YOU is that they, the police and moronic prosecutor are indelibly as bad as they are and after being realizing that there was a real lawyer in the room- things changed for you. YOU NEED TO SEEK APPELATE COUNSEL I was NOT AT ALL IMPRESSED with your representation- YOU NEED TO GO AND DEMAND THE RETURN of your property- under state law and at the same time- FILE A CLAIM of Abuse of process and REPORT THE PROSECUTOR- it was his responsibility to make sure that the EVIDENCE- was indeed evidence- its pretty easy to demonstrate that the allegation of 7lbs was "contrary to the truth" its not that they are not able to tell the difference between cannabis and seeds and stems- "this case" is the equvilant of the federal government announcing they discovered 80000 lbs of cocaine when in fact they found two ounces in a tractor trailer. this isnt a case of 7 lbs this IS and WAS a cop and a prosecutor abusing their delegated authority and that is UNLAWFUL. Alan Shore

 

 

I notice you said you were there, is your name an Alias? Cause total there were 6 people viewing besides the Jury, Judge, Prosecution and Defense. Those 6 were my Mom, Aunt, Sister, Sister's boyfriend, my Step Dad, and the Door Man from the Waterford case.

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