Shiawassee P A Wants To Plea Bargain

[Kingpinn]

P A 's name is Dania Finnigan. Never met her. She has to be better than Randy Hit And Run Colbry.

[t-pain]

 

• Well I guess its over. The P A  has agreed to drop all charges.In exchange they want me to not sue the county. So I guess this case is closed

                                                                                                                           Thanks Matt

 

you're not going to chance it and sue the county ?

 

haha just joshing you. well done larry king, winner at the supreme court of michigan, champion of patient rights, defender of our freedom and protector of our section4 and section8 rights!

 

also well done to his attorneys of course. a true win if there ever was one.

[beourbud]

Congrats Larry

[GregS]

What would happen if you had refused to agree not to sue? The Court has its marching orders from the SC. They cannot ignore that. I wonder why you would?

[knucklehead bob]

Maybe the man is tired of living in stasis for the past 5 years and has not been able to do anything but wait . Maybe he does not enjoy living under a legal pendulum and does not look forward to another 5 years in stasis not being able to do a thing . Maybe ?

 

Congratulations Kingpinn !

[GregS]

Maybe the man is tired of living in stasis for the past 5 years and has not been able to do anything but wait . Maybe he does not enjoy living under a legal pendulum and does not look forward to another 5 years in stasis not being able to do a thing . Maybe ?

 

Congratulations Kingpinn !

I get that bob. I am curious, and don't have a problem with that. Larry knows that I think he is a hell of a man. What say we let him answer? Some of us call six and seven figure settlements a good thing.

Edited January 14, 2014 by GregS

[knucklehead bob]

I get that bob. I am curious, and don't have a problem with that. Larry knows that I think he is a hell of a man. What say we let him answer? Some of us call six and seven figure settlements a good thing.

 

Fair enough , should he feel obliged . 

[GregS]

New prosecutor:

 

http://www.shiawassee.net/Law-Justice/Prosecuting-Attorney

Any news where Colbry went? Is he out of a job?

 

How sweet would that be?

Edited January 14, 2014 by GregS

[bobandtorey]

Any news where Colbry went? Is he out of a job?

How sweet would that be?

 

No he has moved on to another County i believe it may be Oakland i can do a Google to find out if you like

Edited January 15, 2014 by mibrains

[Highlander]

What would happen if you had refused to agree not to sue? The Court has its marching orders from the SC. They cannot ignore that. I wonder why you would?

 

King's case was sent back to district court for a run at Section 8.  Section 4 protections on limits don't apply in a Section 8 defense, so Larry would have had the burden of proof that he needed 12 outdoor-grown plants to satisfy his medical needs.  That probably would have been tough and expensive...to hire expect witnesses, etc.

[bobandtorey]

King's case was sent back to district court for a run at Section 8.  Section 4 protections on limits don't apply in a Section 8 defense, so Larry would have had the burden of proof that he needed 12 outdoor-grown plants to satisfy his medical needs.  That probably would have been tough and expensive...to hire expect witnesses, etc.

For sure but it not so much the $$$$$ it's the stress  that you pay when you don't have the $$$$ because calling your Lawyer and him not calling you back   for days you can't put up to big a fuss if you'll not paying 

 

I can't say that about our Lawyers i once called at 4;30 AM and he answered they where the Best of the Best most great Lawyers know how stressful things are when  someone is facing 14 years inn Jail and a one million dollar fine 

 

in-witch we both where facing 

[Highlander]

For sure but it not so much the $$$$$ it's the stress  that you pay when you don't have the $$$$ because calling your Lawyer and him not calling you back   for days you can't put up to big a fuss if you'll not paying 

 

I can't say that about our Lawyers i once called at 4;30 AM and he answered they where the Best of the Best most great Lawyers know how stressful things are when  someone is facing 14 years inn Jail and a one million dollar fine 

 

in-witch we both where facing 

 

I agree, which is why I'm saying that Larry's case wasn't an automatic win.  He would have still had to prove his Section 8 case, which would me more money and probably a few more years in the system.  So a plea deal was probably best for him in his own situation.

[bobandtorey]

I agree, which is why I'm saying that Larry's case wasn't an automatic win.  He would have still had to prove his Section 8 case, which would me more money and probably a few more years in the system.  So a plea deal was probably best for him in his own situation.

Yes a few more years and no Automatic win for anyone as i see it but for Larry he WON  if you don't count over 5 years in Court and all the stress 

[bobandtorey]

[Highlander]

Yes a few more years and no Automatic win for anyone as i see it but for Larry he WON  if you don't count over 5 years in Court and all the stress 

 

I know you know this, but few others do.  Larry didn't win anything.  When I met him in 2009 before his first court appearance, he appeared strong-willed but like so many of us who have worked for a living, we look strong on the outside.  But he was a beaten down old man (no offense Larry).  But he was ready to fight the good fight.  And he did.  This guy spent nearly five years in the system under the shadow of a possible 4+ year prison sentence and more fines than his earned gov assistance and any savings could ever pay.  This was a huge waste of taxpayer money and diversion of enforcement effort against real/violent crime.  Ask Any LEO in Shiawassee County and you'll probably hear that the real drug problem is meth and people with access to grandma's medicine cabinet.  The people of Shiawassee County spent too much effort/time/resource on this crap. 

 

About a year ago, a fit guy, an EMT and avid kayaker decided to run the rapids of the old Corunna dam....about 1/4 mile from the courthouse where Larry was tried   He got caught in what we river folks call a "hydraulic,"  meaning he got tossed from his boat and the boiling rapids kept him under water long enough to kill him.  Sad story....yet I have not seen any effort to discourage other kayakers from making this same mistake....Maybe  $100 sign would do? huh?  A sign that says "hey, an experienced kayaker died here, trying to run these rapids." 

 

No...Instead, we have the same ol' same ol' pattern of people getting busted for weed.

 

This is a disgusting order of public safety priorities. 

[Kingpinn]

   Got my tallie sheet out added things up 10,000 dollars not counting the ACLU going pro bono for me thanks again ACLU and a BIG Supreame Court victory for the MMMA community thanks again ACLU and Matt Able for thier efferts in this matter. 10 grand and five years later . Was it worth it NOT NOT NOT

[ozzrokk]

Wow I cannot believe that I am so late in hearing about this..........................

 

Congrats Larry.................... Been a long time coming................ Glad to hear of your newly found freedom................ To bad you had to fight so hard for it................

 

i think you would have had it in the bag but with an offer like that who can blame  you for wanting it out of your life.

 

So glad to hear it is over for you................... Thank  you for standing tall.......... Not like you had a choice but thanks anyhow.........

Edited January 15, 2014 by ozzrokk

[GregS]

I agree, which is why I'm saying that Larry's case wasn't an automatic win.  He would have still had to prove his Section 8 case, which would me more money and probably a few more years in the system.  So a plea deal was probably best for him in his own situation.

We don't know that, and he has not yet answered for himself. It appears the court is obligated at this point to dismiss the charges post haste, given the directive of the SC. You may be right.. The SC could not have been clearer that the Shiawassee court has to take it in the azz. It might be a calculated risk to push the point, but I do not think the court wants any more scrutiny and has little choice but to dismiss unconditionally and without a provision not to sue if Larry insists. That is for Larry to decide if he has not already. Consider too that any case for damages would be a civil tort, and attorney fees are not required to be paid for up front, but are paid out of any settlement. It would likely not go to trial, but result in a confidential settlement that can make Larry whole and bring vindication to all who have been abused by the government. As precedent it would be huge, and might very well help to keep malicious prosecution by the courts in check, not to mention being the boost that sec. 8 needs to command the legitimacy it is given in the law, but which has been neglected and abused.

 

Maybe I'm a little anxious to see salt rubbed into the court's wounds. Who isn't? Call me silly, but the court has it comin'. It would be adding insult to injury for the court, which  unarguably deserves it. Larry certainly deserves something more.

 

However this shakes out Larry, you have my best wishes.

Edited January 15, 2014 by GregS

[GregS]

   Got my tallie sheet out added things up 10,000 dollars not counting the ACLU going pro bono for me thanks again ACLU and a BIG Supreame Court victory for the MMMA community thanks again ACLU and Matt Able for thier efferts in this matter. 10 grand and five years later . Was it worth it NOT NOT NOT

It would be hard for me to walk away from 10K without a fight. Hell no it ain't worth it, and the courts that caused this harm should have their noses rubbed in it and make things right. You're just about past the criminal part, and a civil case would run almost on autopilot with the facts as I understand them. Have you agreed to the terms not to sue already?

Edited January 15, 2014 by GregS

[t-pain]

for a civil suit he'd have to prove the prosecutor did something wrong.

since marijuana is still illegal here in michigan... that would be incredibly difficult to prove.

[GregS]

for a civil suit he'd have to prove the prosecutor did something wrong.

since marijuana is still illegal here in michigan... that would be incredibly difficult to prove.

He was a legitimate patient entitled to engage in medical use. That is not in dispute.

 

There is no reason for the court to ask Larry not to sue unless they understand that it is a very real option.

Edited January 15, 2014 by GregS

[Highlander]

We don't know that, and he has not yet answered for himself. It appears the court is obligated at this point to dismiss the charges post haste, given the directive of the SC. You may be right.. The SC could not have been clearer that the Shiawassee court has to take it in the azz. It might be a calculated risk to push the point, but I do not think the court wants any more scrutiny and has little choice but to dismiss unconditionally and without a provision not to sue if Larry insists. That is for Larry to decide if he has not already. Consider too that any case for damages would be a civil tort, and attorney fees are not required to be paid for up front, but are paid out of any settlement. It would likely not go to trial, but result in a confidential settlement that can make Larry whole and bring vindication to all who have been abused by the government. As precedent it would be huge, and might very well help to keep malicious prosecution by the courts in check, not to mention being the boost that sec. 8 needs to command the legitimacy it is given in the law, but which has been neglected and abused.

 

Maybe I'm a little anxious to see salt rubbed into the court's wounds. Who isn't? Call me silly, but the court has it comin'. It would be adding insult to injury for the court, which  unarguably deserves it. Larry certainly deserves something more.

 

However this shakes out Larry, you have my best wishes.

 

His case was sent back for a sec 8.

[GregS]

His case was sent back for a sec 8.

With strict instruction to get it right. At this point the court is obviously ready to dismiss the charges without the hearing. They know that a tort claim will ensue without a coerced agreement not to sue. Let's call it an educated guess. I don't think the court is in a position to demand anything. The writing is on the wall and they hate it. I'd be interested to find what options it has if told to pound sand. I wonder if a settlement for damages might be negotiated along with the dismissal. I kinda doubt it, but Larry has a hell of a hand.That would depend largely on court procedure, which can be, to a degree, flexible.

Edited January 15, 2014 by GregS

[Highlander]

With strict instruction to get it right. At this point the court is obviously ready to dismiss the charges without the hearing. They know that a tort claim will ensue without a coerced agreement not to sue. Let's call it an educated guess. I don't think the court is in a position to demand anything. The writing is on the wall and they hate it. I'd be interested to find what options it has if told to pound sand. I wonder if a settlement for damages might be negotiated along with the dismissal. I kinda doubt it, but Larry has a hell of a hand.That would depend largely on court procedure, which can be, to a degree, flexible.

 

The agreement not to sue is a "feel good" offer.  Fine me one case where a former defendant of any sort won a case and was awarded damages stemming from wrongful prosecution.

[bobandtorey]

Maybe a few that have been sent to prison and then where freed after years of being locked up for something they didn't do but thats rare