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Petoskeystoned - Jury Trial May 23Rd-25Th, 2011

petoskeystoned

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petoskeystoned Advanced Member

petoskeystoned

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Hello Everyone,

I just spoke with my lawyer in regards to my first raid, June 17th, 2010 in which I was a patient with a doctor's rec, and 4 patients. I had sent in the paperwork for the for patients, and all were over 21 days. My own application had not been submitted yet, as i had received my doc's rec on June 3rd and simply had not the 100 bones yet for the state. My grow was in a concrete walk-out and enclosed in a chain-link fence that had no gate..was not over my numbers, had a 1.5 lb bag of leafy refuse, 2g of finished meds, was not accused of sales or anything illegal like that, 20 or so of my 48 plants were 4 days old, my sisters children in the home had no knowledge of anything we were doing, and we were only raided because of a deal my sisters boyfriend made with the prosecuter to get himself out of several felony delivery charges himself.

The warrant nor any paperwork was ever signed by a judge or magistrate.

Jennifer lost her kids due to this and is still in jail folks, over a cookie she left for a man whom she tried to help that died of kidney failure during her trial. This is after he admitted in trial having previously spoken to his doctor regarding mmj.

I have a public defender whom is trying very hard with the guidance of others, and we thank you all.

After the raid in which they kicked our doors in with guns such, my fiancee Barbi and I moved and where I continued to operate, until we found a wonderful old place on 5 acres that we considered out refuse.

Having secured the deal we moved into the house in hopes of staying on the dl knowing that I was legal the whole time and would be found not guilty of the multiple felonies and misdemeanors.

January 25th Jen, Barbi and myself were raided again, apparently because the selling realtor called the Emmet County Sherrif's Dep to report that there was apparently someone living in this old farmhouse that he sold knowing that there was mold in the home (yet did not disclose at sale...), thus leading (true, yes) a sheriff to actually investigate a mold complaint...

Well of course the sheriff ran Jennifer's lic. plate, and knew she was a patient before his "knock and talk" regarding my mold issues...was satisfied that we weren't squatters, and went to call Straights Area Narcotic Enforcement because he smelled "growing marijuana".

Duh, I say Sir, Duh.

Just a couple of hours later, 7 officers knocked on the door, Barbie said "who is it". The glass door exploded and we were raided again with weapons, except this time they blew our door in half, broke barbi's nose while slamming her to the floor until she passed out from an asthma attack ( from throwing her to the floor on top of Jennifer whom has scoliosis). The same officers I remind you that raided us the first time, and called Jennifer by name as they attacked us, knowing the whole time we are harmless. They destroyed our house, brought in the dogs, and strip searched Barbi and Jennifer while one stood on the back of my neck holding me from doing nothing because none of us were ever trying to do anything in the first place. We totally cooperated and they took many of my personal roaches but left my 53 plants and half lb of meds, and was satisfied apparently except for the roaches and a small bag in the common area of the home (heaven forbid, Barbi might be tempted to take a roach)...

Three months later, a week or so ago, Barbi was charged with Maintaining a House and Possession and such, and Ive been charged with all the usuals and a few extras like Habitual Offender... we've bailed out thankfully, and here we go again...

There is a Motion To Suppress the Evidence scheduled for May 19th at 1pm in Emmet County because the warrant wasn't valid. We all know how that will go. Following that on the same day immediately is Motion To Dismiss under 4 and 8, and if that doesn't work like we intended and the Appellate Court has upheld, the actual JURY TRIAL is May 23-25th, 8 am in Emmet County. Yay.

I know that you have all supported us thus far, and have even come when there wasn't a date after all. Thank you all so much, we consider you good friends. Newbies and Moderators alike, PLEASE do anything you can. We are sinking fast, and rely on you folks to not allow this to happen anymore.

More raids like this are happening all around me, and people will get hurt soon, I am sure of it.

Thank you all in advance from the bottom of our hearts,

Rich, Barbi and Jennifer.

 

 

 

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bobandtorey Advanced Member

bobandtorey

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Hello Everyone,

I just spoke with my lawyer in regards to my first raid, June 17th, 2010 in which I was a patient with a doctor's rec, and 4 patients. I had sent in the paperwork for the for patients, and all were over 21 days. My own application had not been submitted yet, as i had received my doc's rec on June 3rd and simply had not the 100 bones yet for the state. My grow was in a concrete walk-out and enclosed in a chain-link fence that had no gate..was not over my numbers, had a 1.5 lb bag of leafy refuse, 2g of finished meds, was not accused of sales or anything illegal like that, 20 or so of my 48 plants were 4 days old, my sisters children in the home had no knowledge of anything we were doing, and we were only raided because of a deal my sisters boyfriend made with the prosecuter to get himself out of several felony delivery charges himself.

The warrant nor any paperwork was ever signed by a judge or magistrate.

Jennifer lost her kids due to this and is still in jail folks, over a cookie she left for a man whom she tried to help that died of kidney failure during her trial. This is after he admitted in trial having previously spoken to his doctor regarding mmj.

I have a public defender whom is trying very hard with the guidance of others, and we thank you all.

After the raid in which they kicked our doors in with guns such, my fiancee Barbi and I moved and where I continued to operate, until we found a wonderful old place on 5 acres that we considered out refuse.

Having secured the deal we moved into the house in hopes of staying on the dl knowing that I was legal the whole time and would be found not guilty of the multiple felonies and misdemeanors.

January 25th Jen, Barbi and myself were raided again, apparently because the selling realtor called the Emmet County Sherrif's Dep to report that there was apparently someone living in this old farmhouse that he sold knowing that there was mold in the home (yet did not disclose at sale...), thus leading (true, yes) a sheriff to actually investigate a mold complaint...

Well of course the sheriff ran Jennifer's lic. plate, and knew she was a patient before his "knock and talk" regarding my mold issues...was satisfied that we weren't squatters, and went to call Straights Area Narcotic Enforcement because he smelled "growing marijuana".

Duh, I say Sir, Duh.

Just a couple of hours later, 7 officers knocked on the door, Barbie said "who is it". The glass door exploded and we were raided again with weapons, except this time they blew our door in half, broke barbi's nose while slamming her to the floor until she passed out from an asthma attack ( from throwing her to the floor on top of Jennifer whom has scoliosis). The same officers I remind you that raided us the first time, and called Jennifer by name as they attacked us, knowing the whole time we are harmless. They destroyed our house, brought in the dogs, and strip searched Barbi and Jennifer while one stood on the back of my neck holding me from doing nothing because none of us were ever trying to do anything in the first place. We totally cooperated and they took many of my personal roaches but left my 53 plants and half lb of meds, and was satisfied apparently except for the roaches and a small bag in the common area of the home (heaven forbid, Barbi might be tempted to take a roach)...

Three months later, a week or so ago, Barbi was charged with Maintaining a House and Possession and such, and Ive been charged with all the usuals and a few extras like Habitual Offender... we've bailed out thankfully, and here we go again...

There is a Motion To Suppress the Evidence scheduled for May 19th at 1pm in Emmet County because the warrant wasn't valid. We all know how that will go. Following that on the same day immediately is Motion To Dismiss under 4 and 8, and if that doesn't work like we intended and the Appellate Court has upheld, the actual JURY TRIAL is May 23-25th, 8 am in Emmet County. Yay.

I know that you have all supported us thus far, and have even come when there wasn't a date after all. Thank you all so much, we consider you good friends. Newbies and Moderators alike, PLEASE do anything you can. We are sinking fast, and rely on you folks to not allow this to happen anymore.

More raids like this are happening all around me, and people will get hurt soon, I am sure of it.

Thank you all in advance from the bottom of our hearts,

Rich, Barbi and Jennifer.

 

 

 

 

First let me say Am sorry this is happening to you guys i wish i could get a ride from someone i would pay for all the gas just to rid up their i was at 3 case's yesterday and they can not use the words Medical Marihuana this is going to stop some how if we have to protest every court houe it has to

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  • 3 weeks later...
petoskeystoned Advanced Member

petoskeystoned

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Hello everyone, just another reminder that my Motion to Suppress (unsigned warrant), and the Motion To Dismiss under 4 and 8 will be held tomorrow still at 1 pm in Emmet County Circuit Court, Division St. (not Rd) in downtown Petoskey, 49770.

I know that everyone is extremely busy, but Jenny and Myself as well as Barbi of course are hoping as many as possible will show up to support us as well as put Emmet County on notice that this HAS TO STOP!

Another caregiver friend was raided just recently here in Petoskey, wher SANE avtually took samples from the compost pile, confiscated empty jars, bags of seeds, and took a clipping from each of her plant! What the...

Please come tomorrow friends!

Rich

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mosshowd Advanced Member

mosshowd

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Everyone that shows up to your court date tomorrow Rich

 

will get one ticket for a Raffle after court ....

 

For All legal Patients and Caregivers ...

 

The Winner gets 7 grams of Tarzan's Brainwreck ... :thumbsu:

 

 

Your The MAN TARZAN! :goodjob::goodjob::goodjob:

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drtarzanmd Advanced Member

drtarzanmd

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Your The MAN TARZAN! :goodjob::goodjob::goodjob:

 

 

Thanks for the Kind Words ...

 

Just a little incentive to get as many

people to show up there as possible ....

 

If We don't stick together and help each other ,

Our Days Will Be Numbered ....

 

Take My word on this ...

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petoskeystoned Advanced Member

petoskeystoned

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goodjob.gif to my public defender today Hillary Briolat...

If Judge Johnson would just have Suppressed today! I could see it in his face. Written decision of course, more to come.

Tarzan, the donation is wonderful bong2.gif as at this time i am Brainwrecked! yahoo-wave.gif.

For anyone wanting to help from home, we are looking for any, if one exsists, decisions in the COA or higher, determining at what point a government official (butt.gif) is required to show a search warrant in a raid style situation. Upon first meeting, like on a front porch? After the house is secure but before the search? (this would be my guess using common sense.) After the search is over and it's too late to fix errors?

All 3 of us were denied the opportunity to inspect a search warrant until after all of the police were gone, all my stuff was gone, and all decisions were made. This is when we were allowed to see the unsigned warrant, yet the officer testified he noticed it was not signed earlier in the raid yet did nothing about it. watching.gif

Maybe i should ask this in the legal thread?

OD and tarzan and wakeandbake and ooh I got to see Jen today! 6am she will be home! Thanks all, all is getting better every day..

Rich

 

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drtarzanmd Advanced Member

drtarzanmd

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Glad you liked the Brainwreck ....

 

Hopefully everyone got a taste ...

 

Sorry i had to run ...

But i had some bussiness going on ...

 

Was just glad to get a few huggs and

show my support ....

 

I too surely don't understand HOW they could RAID YOU

 

WITHOUT A SIGNED WARRANT ?

 

That should make everything Immissable ?

 

Got the Heck out of Me ?

 

Only the law can get away w/ CHIT like that .... FACT

 

Keep us Posted Budd ,,,,

 

Stay Strong ... I keep helping All i can ...

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bobandtorey Advanced Member

bobandtorey

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Bump

 

 

 

 

For all following this case , Richards motion is still standing strong , Ill ask him to post the next court date as they change this like they change there minds about our rights ...

 

Thanks for the update

they did the same thing to us no warrent untill they all left are we sure we live inn the U.S.A?

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kgb69ss Advanced Member

kgb69ss

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I am confident the Judge will make the right decision based on seeing the benefits of MMJ in peoples rather than making an overzealous judgement of a natural substance. The ignorance that leo has exhibited, and the uninformed decisions they've made based on government projected negativity and propaganda is appauling. It is amazing how contradictory the DEA is still after the AMA has openly endorsed MMJ! !

http://www.justice.gov/dea/ongoing/marijuanap.html

This make me wonder why we have this department if they are not giving the public accurate information even after the AMA has changed their position after 71 years! Thanks for running the gauntlet petoskeystoned, so we don't have to!

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Wild Bill Advanced Member

Wild Bill

Posted
Posted

 

For anyone wanting to help from home, we are looking for any, if one exsists, decisions in the COA or higher, determining at what point a government official (butt.gif) is required to show a search warrant in a raid style situation.

If police have a search warrant, do they have to show it to me?

 

Search Warrants - Michigan Courts

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