Busted

[bsemaj]

Mind, Body, Health and Politics interview.(mp3-10MB)
Dr. Richard Miller interviews Dr. Courtney in this wide-ranging, 44 minute interview about medical cannabis.

I like the idea of them working to change the international treaty.

It is about time someone bucked up and did this.

I love that idea.

 

[Wingman420]

Back to Court Today!! WTF I hate this!! I want to thank all members and readers for the support shown and love given here. Getting arrested, Held without Bail, and Prosecuted for NO Usable Marijuana and NO Plants in Flower is Bullshit. Especially while in Posession of MMJ Licensing. I hope it gets dismissed today but as I have come to learn FAT CHANCE. I will not plead out to "put this case behind me"
I will not take any deal that does not return me to whole.
Facts:
NO Warrant and were called to a different location
NO Exigent Circumstance
NO Controlled Buy or reports of heavy traffic
NO usable Cannabis
NO Plants in Flower
I did not exceed limits and never intended to break any laws.
All Cannabis Plants were seedlings, not sexed, from bag seed.

I was also charged with assault on police, resisting arrest, obstruction of justice this enabled Police to remove me and search without permission or Warrant. They took my keys, went behind locked deadbolted doors, and discovered an indoor garden. Where I was growing Spices, Tomatoes, Basil, and Cannabis with 3000wts. All Equipment and Plants were taken and I was sent to Prison, held without bail, despite telling the Judge I was a Medical Marijuana Patient and Caregiver.

 

[420]

Sending you all my love and positive energy through the Universe.

 

[Wingman420]

What happens when you walk into a store and you take that which is not yours ?

What happens when you cross the threshold of someones door to their home ?

What happens when the popo can't read English ?

What happens when the popo play doctor like children do ?

What happens when popo says : I smelled his lawful medicine in which the legislature clearly delineated if he has a card covering all plants and usable medicine.. it's not a criminal offense nor an Affirmative Defense in which I can don and doff my lawful duties..

I knowingly and with reckless disregard for the truth, I rob him because I have serious mental issue' which could be used against me in a hearing about my job.. security.

is what I would do.. now back to reality.

Do you know the "exact" PC for the intrusion into your home ??

i.e. the exact words they used ..

And in the popo report, does it mention you having mmj cards as a caregiver ??

Does the report claim : your over the limit amount ?

If so, what are the exact words used ??

What are your limit amounts ?

If he seized a cow or a goat or some other animal which would be used for a supply of healthy living (instead of using the general market place) and killed it.. what could be done about it ?? Does the law allow him to destroy your lawful property ??

His problem is going to be, he seized property which is exempt from seizure and forfeiture if :

1.) You have a card;

2.) for each patient covering each plant

3.) and/or it's product.

1# -#3 cancels out probable cause by any other claimed "exigent circumstances" .

Card caring patient/caregiver are exempt from the criminal laws of your state per the plain statutory construction .

no card caring patient/caregivers are not exempt and must go to trial.

Property may be "temporarily" seized and motion for return is available.

It may not be forfeited until a verdict of guilty is had..

If a not guilty is had, return shall be the remedy at law.

If destroyed, it's fair market value shall be paid.

Common-law rules.

I wil try to answer this correctly.

In the original Poice report (I should post it) the police claim they were called to a gas station to hear a complaint about me, where it clearly stated my son was "being told what to say"
The Police then claim they only came to my house to "inform" me that Child Protective Services would be coming to "investigate" claims I was abusing my children. (my divorce was just finalized and I had been raising the kids on my own for 3yrs with Court supervision constant during divorce)
I had my Patient Card and copies of Caregiver applications, dated, and signed. With Caregiver and Patient registration taking months in RI at the time, the law read (at that time) if a person does not recieve either denial or approval in 30 days you may proceed as if you have the card.

Under RI Law I am able to posess 60 Plants with 36 max in Flower

Patient 24 Plants 12 Flower, Flowering, 12 Non Flowering, and a resonable amount of unusable Marijuana, seedlings, seeds, stalks, roots, etc

One Caregiver Lic = 24 Plants, 12/ 12 2.5 Ozs dried MMJ
Two Cargiver Licenses = 12 additional Flowering 5.0 Ozs dried MMJ

Limits in RI for multiple Caregiver:
36 Plants 24 Flowering 12 in Veg 5.0 Ozs Dry MMJ and it's extracts

Patient:
24 Plants, 12 Flowering 2.5 Ozs Dry MMJ, Hash or Hash Oil, etc

Combined Patient and multiple Caregiver is 36 Plants Flowering, 24 Non Flowering and 7.5Ozs Dry MMJ, Hashish, or Hash Oil

the Police alledge I had 75 Plants I did not.

If there is anything I missed let me know. Right now I have to get ready for Court.

 

[Wingman420]

Sending you all my love and positive energy through the Universe.

Thank you my friend!!
Despite any abscence on the site, you, and the Family, are always in my Heart and thoughts

 

[1234a5678b]

Hang in there. Just said a prayer. Hope all goes well.

 

[TorturedSoul]

In the original Poice report (I should post it) the police claim they were called to a gas station to hear a complaint about me, where it clearly stated my son was "being told what to say"
The Police then claim they only came to my house to "inform" me that Child Protective Services would be coming to "investigate" claims I was abusing my children. (my divorce was just finalized and I had been raising the kids on my own for 3yrs with Court supervision constant during divorce)

Only situation I ever encountered that would even be comparable was when a casual friend was getting raked over the coals by his good for nothing ex- and went through the dance of having his kids used as a weapon (and he would/could not, of course, do the same since he was... you know... an actual human being). Turns out that his ex- was screwing a cop. He'd have been sunk for sure, only it ended up coming to light that she was screwing several cops (and lots of other people) - so not only did her credibility tank, but those little illegal/unethical favors by LEO stopped coming her way.

Luckily, that mess occurred in its entirely fairly quickly (over the course of 18 months or so), which meant that the "waters of recollection" and so on weren't overly muddied by time. Seems like a person may be innocent until proven guilty, but if something is "accepted" initially and time passes & people can't remember for sure certain particulars, the onus is on the alleged wronging party to prove that things didn't happen that way. Regardless of the law and proper courtroom procedures, one has to convince a jury that one is in the right. Part of the reason I'll seriously consider not opting for a jury trial if the question ever arises (knock on wood that it doesn't); without a jury (of one's peers - so-called, but I bet there aren't 12 RI medicinal cannabis patients on it... or, if the prosecution would be believed, 12 "pot criminals" [/RANT]), one must only convince ONE person, a person who arguably knows all about proper legal procedure and the law. Then again, if that one person has an ax to grind and has their own agenda, things get real tough really fast.

Under RI Law I am able to posess 60 Plants with 36 max in Flower

Patient 24 Plants 12 Flower, Flowering, 12 Non Flowering, and a resonable amount of unusable Marijuana, seedlings, seeds, stalks, roots, etc

One Caregiver Lic = 24 Plants, 12/ 12 2.5 Ozs dried MMJ
Two Cargiver Licenses = 12 additional Flowering 5.0 Ozs dried MMJ

Limits in RI for multiple Caregiver:
36 Plants 24 Flowering 12 in Veg 5.0 Ozs Dry MMJ and it's extracts

Patient:
24 Plants, 12 Flowering 2.5 Ozs Dry MMJ, Hash or Hash Oil, etc

Combined Patient and multiple Caregiver is 36 Plants Flowering, 24 Non Flowering and 7.5Ozs Dry MMJ, Hashish, or Hash Oil

the Police alledge I had 75 Plants I did not.

If there is anything I missed let me know. Right now I have to get ready for Court.

Clarification request: Does RI law - and did it at the time - expressly state things so that... Are you... I'm not sure how to put it. Patient 24 plants. Caregiver limit 36 plants. Is it written that these two are completely separate - or could it be argued (either due to the laws stating it or due to the unclear nature of those laws) that the caregiver limit includes your own patient limit since you are, as a patient, your own caregiver? IOW, might they say that your limit is 36 plants regardless of whether you are a caregiver (only) for others or are a caregiver for others and a caregiver (as a patient) for yourself? Is there that much ambiguity in the RI laws?

Speaking of time muddying the waters of recollection... One might wonder if the parties on the other side aren't delaying in part so that you'll have more of an uphill battle when you finally ARE exonerated and proceed with your civil lawsuit for both compensatory and punitive damages. I'm assuming that the criminal charges must be fully addressed before you could initiate litigation (I may be completely wrong and, if so, I hope you've already done so).

As always, wishing you the best of luck(*) in all of this, bro!

Things like this put me in mind of people who tried to fight the tobacco companies. Rake them over the coals until they expire and expect the problem to go away. Of course... You weren't fighting until they attacked you.

(*)Something that, by all rights, you shouldn't need to deal with this in the first place, but the world being what it is, it can't hurt to have, I guess.

 

[420]

So what happened?

 

[TBayChronic]

Wow some crazy stories in this thread... I hope all the best for you

I could never imagine living in the USA... There really is not one thing that attracts me to that country... Not the way of life, the laws, the healthcare etc

I love my small Canadian town

Iv been busted 3 times gettin pulled over cause we were smokin in my car n went through a seat belt/drunk driver check... The cops here are use to shitty ditch weed so when they smelt a whiff of my strong ass kush they thought my trunk was full of it... They came up to my car with big smiles all cocky n said you are arrested for possession n something like "did you think we weren't gonna smell that, you must got quite a bit of premo stuff on you" probably thinkin they just made a nice big bust n they hand cuffed us n threw us in the back of there car...
I already had my baggy with like 1.5g out when they walked up n I gave it to em right away n told em bout the half burnt pipe bowl I panicked n threw under my seat because I kno if u respect n help them get through there job they'll most likely respect you more
The cop instantly said if that's all you got you guys have no problem... Then they searched my car... Of course they found nothing so they brought us out of the cop car n told us they weren't gonna press any charges... Then they gave us a little lecture n told us if we want to smoke weed not to drive just to chill at home n play videos games lol n then gave us a number we had to call which was a guy tryin to flip us... They said we didn't have to say anything if we didn't want to... I was gonna say nothin but then i just told em the name of this kid who ripped me off 140 bucks for a half o a year before (said he had to grab from a house a couple doors down then never came out... When I knocked on the door 8 guys much bigger n like 10 years older came out n circled us talkin bout woopin are asses) KARMA'S A BITCH LOL... The cops also said they could charge me with DUI aswell but they arnt gonna n then let me drive my car home haha

One of the other times I got pulled over I didn't even have insurance, i thought i was gonna get fucked over hard this time but they were so focused on makin a big bust cause of the strong kush smell they didn't even ask for my license and insurance n when I gave up the couple grams I had before they even asked they just searched my car n let me leave thank god... Again no DUI

Another time we were Rollin up at a chill lake view parking place n my buddy who deals had a bag with like 7g but it said ounce across the bag n as soon as we lit up a bunch of normal dressed cops hopped out a van n arrested us... Again all they did was say they were lookin for the higher up guys n tried for awhile to flip my buddy then let us go no charges

Iv had pretty good luck with police... I think it's a lot to do with the fact I look n talk like a good, respectful, normal, productive member of society n that's how they profile me n I always treat the cops with respect n help them with whatever I can to make there job easy

 

[bsemaj]

The Police allege I had 75 Plants I did not.

It would appear from this above your going to trial if your lawyer can not controvert the warrant. i.e. suppress everything.

If the police didn't keep your plants alive for a count of how many had growing roots to be established as a organism per stalk, I think you may have a shot.

It's how they made this number 75 up from 60 . Some will separate a plant that has multiple stalks which came from a clone with multiple buried branches which grew into a root ball.

Some will cut clones and say they are plants (even though no roots exist) 5 plants turn into 100.

If you had no buds, one couldn't say you possessed any THC which is the illegal "substance" our laws are built around. You possessed multiple plant' which had produced ONLY CBD , not THC.

Non psychoactive plants.

Sounds to me like leo didn't like your custody battle and is a bit biased ... imho. Leo don't think cannabis users have any parental rights. Nor do judges most of the time, very lucky to find one whom does not have a bias one way or the other about children and cannabis use by a patient.

Take them to the box is what I would do, win, lose or draw.. if anything for your children.

Telling your kids what to say ? Your telling them, is your right too tell them when to behave themselves in public..

Tampering with a witness is what I smell like a skunk. And it's in leo' pipe. And they wrote it down..

Yep please do post their pipe smoking.. I would love to inspect its contents..

Knock and Talk is what happened in reality.imho from what I am hearing so far (without their own written words to read) . came to say hello for CPS ??

 

[Wingman420]

Only situation I ever encountered that would even be comparable was when a casual friend was getting raked over the coals by his good for nothing ex- and went through the dance of having his kids used as a weapon (and he would/could not, of course, do the same since he was... you know... an actual human being). Turns out that his ex- was screwing a cop. He'd have been sunk for sure, only it ended up coming to light that she was screwing several cops (and lots of other people) - so not only did her credibility tank, but those little illegal/unethical favors by LEO stopped coming her way.

Yes TS a cellmate in Prison said the exact words "sounds like she's fucking the cop, how did he have, her cell # to call from your living room?"

This will be a question for both my ex-wife, and the cop!! How did he have her cell#?

Luckily, that mess occurred in its entirely fairly quickly (over the course of 18 months or so), which meant that the "waters of recollection" and so on weren't overly muddied by time. Seems like a person may be innocent until proven guilty, but if something is "accepted" initially and time passes & people can't remember for sure certain particulars, the onus is on the alleged wronging party to prove that things didn't happen that way. Regardless of the law and proper courtroom procedures, one has to convince a jury that one is in the right. Part of the reason I'll seriously consider not opting for a jury trial if the question ever arises (knock on wood that it doesn't); without a jury (of one's peers - so-called, but I bet there aren't 12 RI medicinal cannabis patients on it... or, if the prosecution would be believed, 12 "pot criminals" [/RANT]), one must only convince ONE person, a person who arguably knows all about proper legal procedure and the law. Then again, if that one person has an ax to grind and has their own agenda, things get real tough really fast.

A Jury is more empathetic, and less likely to put anyone in Prison for having a License to use MMJ. Especially years after the alleged incident.
IMHO.
However, I am entitled to a separate hearing of facts in front of a Superior Court Judge to look at all evidence, my cards and story. The Judge is able to dismiss any MMJ Cases under RI MMJ Law. IDK if we are doing so or want the Trial. My attorney is 53yrs at the Bar and a killer Trial attorney.

Clarification request: Does RI law - and did it at the time - expressly state things so that... Are you... I'm not sure how to put it. Patient 24 plants. Caregiver limit 36 plants. Is it written that these two are completely separate - or could it be argued (either due to the laws stating it or due to the unclear nature of those laws) that the caregiver limit includes your own patient limit since you are, as a patient, your own caregiver? IOW, might they say that your limit is 36 plants regardless of whether you are a caregiver (only) for others or are a caregiver for others and a caregiver (as a patient) for yourself? Is there that much ambiguity in the RI laws?

There is some debate on this issue. The Law clearly states a Caregiver may not posses more than 36 Plants and 5.0 ounces of dried Marijuana, Hashish, Hash Oil, etc.
A Patient is allowed 24 Plants, combining the two is tricky and understandably so. But am I to sell my own medicine and go without to make money? NO it would be like having a script of painkillers that my Patients are also taking and selling them mine to make money. (I even asked the Judge if i was supposed to suffer a penalty because I am a Patient and Caregiver also. He said no and agreed that 60 Plants was my limit. My Nephew was also licensed and registered his grow at my home and I may have had the charges dismissed if he would have had the balls to come to my Indictment Hearing or (PAC = Pre Arraignment Conference) where you either get charges dropped or affirmed and bound over to Superior Court. But he had NO BALLS and was terrified he also would go to Prison. So I will subpoena him at Trial, as he was legit for 24 Plants also in the home. BUT AGAIN WE DID NOT HAVE 75 Marijuana Plants!!![/QUOTE]

Speaking of time muddying the waters of recollection... One might wonder if the parties on the other side aren't delaying in part so that you'll have more of an uphill battle when you finally ARE exonerated and proceed with your civil lawsuit for both compensatory and punitive damages. I'm assuming that the criminal charges must be fully addressed before you could initiate litigation (I may be completely wrong and, if so, I hope you've already done so).

I have to await the outcome (preferably acquittal) before filing any tort action.

As always, wishing you the best of luck(*) in all of this, bro!

Things like this put me in mind of people who tried to fight the tobacco companies. Rake them over the coals until they expire and expect the problem to go away. Of course... You weren't fighting until they attacked you.

(*)Something that, by all rights, you shouldn't need to deal with this in the first place, but the world being what it is, it can't hurt to have, I guess.

Thanks TS you are a great Friend!!!

So what happened?

NOTHING AGAIN 420% Bullshit!!
I was postponed "Pending Further Investigation"
heres the print out from since i was bound over into Superior Court. I was arrested Feb 6 of 2010

[FONT=Times New Roman,Times]Charge#[/FONT][FONT=Times New Roman,Times]Charge[/FONT][FONT=Times New Roman,Times]Disposition / Date[/FONT][FONT=Times New Roman,Times]Sentence / Judge[/FONT]

[FONT=Times New Roman,Times]1 [/FONT][FONT=Times New Roman,Times]MAN/DEL/POSS W/INT SCH I/II[/FONT]

[FONT=Times New Roman,Times]2 [/FONT][FONT=Times New Roman,Times]RESISTING ARREST[/FONT]

[FONT=Times New Roman,Times]3 [/FONT][FONT=Times New Roman,Times]OBSTRUCTING POLICE OFFICER[/FONT]

[FONT=Times New Roman,Times]4 [/FONT][FONT=Times New Roman,Times]SIMPLE ASSAULT[/FONT]



Case Event Schedule

EventDateLocationJudgePRE-ARRAIGNMENT DISP CONFERENC20-MAY-2010
6th District CourtBURKE, MAGISTRATEARRAIGNMENT27-MAY-2010
6th District CourtBURKE, MAGISTRATEPRE-TRIAL CONFERENCE27-JUL-2010
PROVIDENCE COUNTYMCATEE, MAGISTRATEPRE-TRIAL CONFERENCE03-AUG-2010
PROVIDENCE COUNTYNUGENT, JUDGETRIAL01-NOV-2010
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL29-NOV-2010
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL31-JAN-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL14-FEB-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL18-APR-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL09-MAY-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATEMOT PERMISSION TO LEAVE STATE13-MAY-2011
PROVIDENCE COUNTYK.RODGERS, JUDGECONTROL DATE26-MAY-2011
PROVIDENCE COUNTYK.RODGERS, JUDGESTATUS CONFERENCE01-JUN-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATESTATUS CONFERENCE08-JUN-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATESTATUS CONFERENCE15-JUN-2011
PROVIDENCE COUNTYMCATEE, MAGISTRATETRIAL19-SEP-2011
PROVIDENCE COUNTYVOGEL, JUDGETRIAL17-OCT-2011
PROVIDENCE COUNTYVOGEL, JUDGESTATUS CONFERENCE09-JAN-2012
PROVIDENCE COUNTYVOGEL, JUDGE<A name=parties>

Case Parties

TypeIDName[FONT=Times New Roman,Times]Aliases[/FONT]DEFENDANTWingman420none STATE OF RHODE ISLANDSTATE OF RHODE ISLAND none
Attorneys

[FONT=Times New Roman,Times]Type[/FONT][FONT=Times New Roman,Times]Name[/FONT][FONT=Times New Roman,Times]PRIVATE ATTORNEY [/FONT][FONT=Times New Roman,Times]CAPINERI, JOSEPH A [/FONT][FONT=Times New Roman,Times]PROSECUTOR [/FONT][FONT=Times New Roman,Times]MCCARTHY, MICHAEL J [/FONT]<A name=dockets>

Docket Entries

Description08-FEB-2010INITIAL CASE DATA ENTRY08-FEB-2010FELONY INITIAL APPEARANCE08-FEB-2010DEFENDANT HELD WITHOUT BAIL08-FEB-2010ENTRY OF APPEARANCE08-FEB-2010REMANDED TO THE ACI08-FEB-2010PET WRIT OF HABEAS CORPUS22-FEB-2010COMPLETED22-FEB-2010DEFENDANT HELD WITHOUT BAIL22-FEB-2010WANT OF BAIL DEFT IS COMMITTED22-FEB-2010CONTINUED FOR FURTHER HEARING22-FEB-2010REMANDED TO THE ACI22-FEB-2010WAIVER OF EXTRADITION22-FEB-2010PET WRIT OF HABEAS CORPUS08-MAR-2010HOME CONFINEMENT ORDERED08-MAR-2010SURETY BAIL SET08-MAR-2010WANT OF BAIL DEFT IS COMMITTED08-MAR-2010REMANDED TO THE ACI12-MAR-2010BAIL POSTED/CHECK12-MAR-2010AFFIDAVIT OF BAIL FILED28-APR-2010Charge, Disposition Changes28-APR-2010INITIAL CASE DATA ENTRY04-MAY-2010INFORMATION FILED20-MAY-2010COMPLETED20-MAY-2010ARRAIGNMENT EVENT20-MAY-2010DEFT ARRGN & PLEADS NOT GUILTY20-MAY-2010PRETRIAL NOTICE ISSUED20-MAY-2010SURETY BAIL SET20-MAY-2010RECOGNIZANCE FILED20-MAY-2010ORD ENT TRANSFERRING CASH BAIL20-MAY-2010ENTRY OF APPEARANCE25-MAY-2010DATE DELETED11-JUN-2010BAIL POSTED/CASH11-JUN-2010RECOGNIZANCE FILED27-JUL-2010DEFENSE ATTY UNAVAILABLE03-AUG-2010CASE PASSED FOR TRIAL26-OCT-2010OBJECTION FILED29-OCT-2010MOTION FOR CONTINUANCE25-JAN-2011MOTION FOR CONTINUANCE10-FEB-2011MOTION TO DISMISS10-FEB-2011MOTION FOR CONTINUANCE19-APR-2011ADD TO READY TRIAL CALENDAR09-MAY-2011MOTION PERMISSION LEAVE STATE13-MAY-2011PENDING FURTHER INVESTIGATION26-MAY-2011COMPLETED01-JUN-2011PROSECUTOR ON TRIAL OTHER CT02-JUN-2011RSP DEFT REQ DSCVY/INSPEC08-JUN-2011PROSECUTOR UNAVAILABLE15-JUN-2011CASE PASSED FOR TRIAL02-JUL-2011REQUEST DISCOVERY AND ALIBI02-JUL-2011OBJECTION FILED12-AUG-2011ST'S SPL RSPN MOT DSCVY/INSPEC13-OCT-2011TRIAL EVENT09-JAN-2012PENDING FURTHER INVESTIGATION

The Police allege I had 75 Plants I did not.

It would appear from this above your going to trial if your lawyer can not controvert the warrant. i.e. suppress everything.

Yes my friend, we have Motions Pending before the Court. Motions to suppress, and several others, that we are awaiting ruling on from the assigned Trial Justice when we get there.

If the police didn't keep your plants alive for a count of how many had growing roots to be established as a organism per stalk, I think you may have a shot.

I asked specifically for all Plants to be kept alive, not only to exonerate me, but to return so my Patients and myself could have Medicine!! I was told "they're already destroyed" to which I stated "that's a lawsuit." Maybe not the smartest idea but wtf they were sending me to Prison for doing what I was told was legal and Licensed for.

It's how they made this number 75 up from 60 . Some will separate a plant that has multiple stalks which came from a clone with multiple buried branches which grew into a root ball.

Some will cut clones and say they are plants (even though no roots exist) 5 plants turn into 100.

This is a very valid argument and I am also terrified they will bring in as evidence someone other Plants claiming they were mine. The Police here lie, sell Sch II drugs and street drugs, steal and extort, one even bashed a handcuffed womans head in, knocking her out with a roundhouse kick while she was handcuffed siiting down. This was caught on an area Casino's CCTV security cameras and he is currently on Trial claiming "self defense" LMAO.

If you had no buds, one couldn't say you possessed any THC which is the illegal "substance" our laws are built around. You possessed multiple plant' which had produced ONLY CBD , not THC.

Non psychoactive plants.

I will be addressing this fact also thanks brother!!

Sounds to me like leo didn't like your custody battle and is a bit biased ... imho. Leo don't think cannabis users have any parental rights. Nor do judges most of the time, very lucky to find one whom does not have a bias one way or the other about children and cannabis use by a patient.

Take them to the box is what I would do, win, lose or draw.. if anything for your children.

Telling your kids what to say ? Your telling them, is your right too tell them when to behave themselves in public..

Tampering with a witness is what I smell like a skunk. And it's in leo' pipe. And they wrote it down..

Yep please do post their pipe smoking.. I would love to inspect its contents..

Knock and Talk is what happened in reality.imho from what I am hearing so far (without their own written words to read) . came to say hello for CPS ??

Yep I will post the Police Report but redact my address and identifying info. Thanks my friends!! it all seems easier with the support of my Family!!

 

[bsemaj]

I asked specifically for all Plants to be kept alive, not only to exonerate me, but to return so my Patients and myself could have Medicine!! I was told "they're already destroyed" to which I stated "that's a lawsuit." Maybe not the smartest idea but wtf they were sending me to Prison for doing what I was told was legal and Licensed for.

Someone has an evidence issue ...

Your family relative is a little shit by the way !!

You better have that subpoena filed with the court already.. or the prosecutor will T-Bone you if you don't as a states witness and not call that person to testify. It happened in my case here in Wa. with my doctor.. state claimed he was their witness against me and never called him. Nor did he write anything against me but, I got convicted anyways. The judge sua sponte his own argument beyond the states comprehension of the case... and my lawyers. Glad I caught it on appeal though.. still fighting it.

So what evidence has the state produced so far ?? Destroyed evidence ?? Pictures meaning a thousand words ?? Or like you said, someone else's grow..

Extradition ?? HUH? esplain ...

NO BAIL generally is illegal unless your a flight risk, extradition ? HUH? esplain.

What was the charge doing popping it's head up from years ago about your kids ??

OK now the water just got muddy and thick..

An ongoing investigation for child abuse for words spoken.. double HUH ??

What was the date you attempted to register with the state for your card ??

Whom has access to that system to check validation ?? i.e. you paid the state health dept. for your card (regardless of whether they sent you a card, you should have a receipt of some sort.)

You seem to have 2 cases of alleged evidence before the court...

Investigation is to be done before someone is charged by a prosecutor, something is now not kosher here with this case at all. Seriously Wingman !!

These are called plea bargain charges, they will toss these if you plea to the cannabis charge.. otherwise they will take you to trial with testilyers lined up in blue(or what ever color they wear in R.I.).
2 RESISTING ARREST

3 OBSTRUCTING POLICE OFFICER

4 SIMPLE ASSAULT

I hope you trust your lawyer . sigh.

 

[Wingman420]

I asked specifically for all Plants to be kept alive, not only to exonerate me, but to return so my Patients and myself could have Medicine!! I was told "they're already destroyed" to which I stated "that's a lawsuit." Maybe not the smartest idea but wtf they were sending me to Prison for doing what I was told was legal and Licensed for.

Someone has an evidence issue ...

Your family relative is a little shit by the way !!

You better have that subpoena filed with the court already.. or the prosecutor will T-Bone you if you don't as a states witness and not call that person to testify. It happened in my case here in Wa. with my doctor.. state claimed he was their witness against me and never called him. Nor did he write anything against me but, I got convicted anyways. The judge sua sponte his own argument beyond the states comprehension of the case... and my lawyers. Glad I caught it on appeal though.. still fighting it.

So what evidence has the state produced so far ?? Destroyed evidence ?? Pictures meaning a thousand words ?? Or like you said, someone else's grow..

Extradition ?? HUH? esplain ...

NO BAIL generally is illegal unless your a flight risk, extradition ? HUH? esplain.

What was the charge doing popping it's head up from years ago about your kids ??

OK now the water just got muddy and thick..

An ongoing investigation for child abuse for words spoken.. double HUH ??

What was the date you attempted to register with the state for your card ??

Whom has access to that system to check validation ?? i.e. you paid the state health dept. for your card (regardless of whether they sent you a card, you should have a receipt of some sort.)

You seem to have 2 cases of alleged evidence before the court...

Investigation is to be done before someone is charged by a prosecutor, something is now not kosher here with this case at all. Seriously Wingman !!

These are called plea bargain charges, they will toss these if you plea to the cannabis charge.. otherwise they will take you to trial with testilyers lined up in blue(or what ever color they wear in R.I.).
2 RESISTING ARREST

3 OBSTRUCTING POLICE OFFICER

4 SIMPLE ASSAULT

I hope you trust your lawyer . sigh.

thanks brother this consumes my thoughts if I let it. So I try to get occupied with growing and writing here at to alleviate the tension this case carries with it. Bottom line I am INNOCENT and was rail roaded by some punk cops who were only hired through Nepotism and back room bs that RI is infamous for.
The State of RI has produced a "Discovery Package" with pictures of my home and of the garden where I was growing lettuce, tomatoes, flowers, dill, thyme, rosemary, and Marijuana. They clain I had 75 Marijuana Plants growing under 3000wts of light. NO Plants were in Flower all were seedlings from bagseed unsexed and unproven. The Marijuana Plants i was charged for were planted from seed approximately January 6th and I was arrested Feb 6th. Many Plants died daily and I was constantly trying to germinate a decent seed that would grow using no Ph meter. I have asked the Prosecutor if he has seen the Evidence and knew immediately he did not when he replied "oh yeah, of course." LOL, all the State's Evidence could fit into a standard letter envelope we recieve our utility bills in.

I was ordered Held Without Bail because of Drug Laws enacted over the last 20 yrs here in RI. This fact stops the Prosecution from simply dismissing the case and is the crucifix on which someone wil hang for if I have any say. RI MMJ Law clearly states:

§ 21-28.6-4 Protections for the medical use of marijuana. – (a) A qualifying patient who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana; provided, that the qualifying patient possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

As Crimminal codes in RI only Capital Offenses are denied Bail but also Manual Delivery cases can get you held without. I am to understand that at arraignment if ordered held without you are entitled to Bail review after 90 days. (unless a lawyer can successfully argue your release prior at some anonymous hearing) I was fortunate enough to obtain Bai after 45 days and a lengthy agreement that I would NOT contact the Press or grant Interviews, I could NOT leave the State without specific Court approval and if I did flee, I waive extradition when discovered. there was a list of about 27 items I agreed to, including but not limited to, Home Confinement, Bail Monitoring (the bracelet), and many other stipulations.
Before I filed for Divorce (2006) my ex wife was fucking some clown who worked for me and she/they told my Autistic daughter to go to school and say she tried to commit suicide by taking my painkillers and in response I beat her up, threw her down the stairs, out a window, and repeatedly punched, kicked and strangled her. She was 11 at the time and admitted later in therapy she was told to do this when she discovered her mother cheating on me. Despite NO injuries, laceration, or bruises, my daughter's Medical evaluation was exhaustive,e.g: MRI's, X-Rays, etc, I was arrested a week later after the police and my ex wife coordinated their stories while my daughter was in a Psychiatric Hospital because I believed she had a psychotic break with reality and this would be safer for her. I was charged with second degree child abuse. arrested and posted 25K cash bail. After several Pre Arraignment Conferences (where you get bound over to Superior Court) the Superior Court female Justice ordered the police into court and asked them some questions where she proved they lied, forged reports and falsely arrested me. She admonished the Police and strongly encouraged me to Sue for wrongful arrest, false imprisonment, libel, slander, defamation and punitive damages. My attorney informed me that I would have to relocate OUT of RI to insure my safety if I filed suit against the Police where i live so I did not. These and other factoids will be brought out into the light of day. I believed then, my ex was blanking some cop, and after sitting in Prison when she did it again with the same police department it was a strong supposittion. A close childhood friend who worked at the Prison said the same happened to his best friend and he lost his job and is on Home Confinement for two years because he was afraid and could not afford to get to Trial.
The whole Case is NOT Kosher my friend and I am hoping for many to come to court to witness Police lying and Justice taking it's course.
While I am not delusional and know this is an uphill battle I do believe that rational, forward thinking people who sit on the Jury will be able to smell the funk that eminates from this case and a Police Dept where Officers run amok.
I am due back in Court Jan 30th at 250 Benefit Street, Providence RI. 02903 for all who wish to attend.

 

[bsemaj]

all the State's Evidence could fit into a standard letter envelope we recieve our utility bills in.

Mang are you in trouble now.. do you know how much cannabis "evidence" a utility bill envelope can hold ?? About 75 seedlings if minced.

I would like to point out your laws are "based" around THC producing "mature" plants. i.e. those which are identified as "female" in genetics.

Which officer sworn signature under penalty of perjury of their expert training has identified these genetic traits ?? i.e. ANY flowering females ?

That is the crux behind the probable cause of reasonable suspicion a crime was or about to be committed. i.e. show me the beef officer, there is no beef. Where's the beef commercial.

As for your prior run in with leo and not suing them.. what does "V" stand for ??

Had you sued them, you wouldn't be on their list of retaliation. (your lawyer was a pussy)

You didn't leave so now they are harassing you to leave and violate your bail conditions.

I have never ever read a bail condition except in a murder trial or a judge being bias to not contact the media or do any interviews . Especially over cannabis a controlled substance case..

A gag order is not normal.

Here is one to research and read : KALINA v. FLETCHER | LII / Legal Information Institute

Held : Section 1983 may create a damages remedy against a prosecutor for making false statements of fact in an affidavit supporting an application for an arrest warrant, since such conduct is not protected by the doctrine of absolute prosecutorial immunity. Pp. 4–13.

Rhode Island Disciplinary Rules of Professional Conduct

Rule 3.3. Candor toward the tribunal. (a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of
material fact or law previously made to the tribunal by the lawyer;


(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness
called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the
lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person
intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the
proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the
tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and
apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

COMMENTARY

[2] This Rule sets forth the special duties of lawyers as officers of the court to avoid conduct that
undermines the integrity of the adjudicative process. A lawyer acting as an advocate in an
adjudicative proceeding has an obligation to present the client's case with persuasive force.
Performance of that duty while maintaining confidences of the client, however, is qualified by the
advocate's duty of candor to the tribunal. Consequently, although a lawyer in an adversary
proceeding is not required to present an impartial exposition of the law or to vouch for the evidence
submitted in a cause, the lawyer must not allow the tribunal to be misled by false statements of law
or fact or evidence that the lawyer knows to be false.

Offering Evidence
[5] Paragraph (a)(3) requires that the lawyer refuse to offer evidence that the lawyer knows to be
false, regardless of the client's wishes. This duty is premised on the lawyer's obligation as an
officer of the court to prevent the trier of fact from being misled by false evidence. A lawyer does
not violate this Rule if the lawyer offers the evidence for the purpose of establishing its falsity.
[6] If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false
evidence, the lawyer should seek to persuade the client that the evidence should not be offered. If
the persuasion is ineffective and the lawyer continues to represent the client, the lawyer must
refuse to offer the false evidence. If only a portion of a witness's testimony will be false, the lawyer
may call the witness to testify but may not elicit or otherwise permit the witness to present the
testimony that the lawyer knows is false.
[7] The duties stated in paragraphs (a) and (b) apply to all lawyers, including defense counsel in
criminal cases. In some jurisdictions, however, courts have required counsel to present the
accused as a witness or to give a narrative statement if the accused so desires, even if counsel
knows that the testimony or statement will be false. The obligation of the advocate under the Rules
of Professional Conduct is subordinate to such requirements. See also Comment [9].
[8] The prohibition against offering false evidence only applies if the lawyer knows that the
evidence is false. A lawyer's reasonable belief that evidence is false does not preclude its
presentation to the trier of fact. A lawyer's knowledge that evidence is false, however, can be
inferred from the circumstances. See Rule 1.0(f). Thus, although a lawyer should resolve doubts
about the veracity of testimony or other evidence in favor of the client, the lawyer cannot ignore an
obvious falsehood.

[9] Although paragraph (a)(3) only prohibits a lawyer from offering evidence the lawyer knows to
be false, it permits the lawyer to refuse to offer testimony or other proof that the lawyer reasonably
believes is false. Offering such proof may reflect adversely on the lawyer's ability to discriminate in
the quality of evidence and thus impair the lawyer's effectiveness as an advocate.


Rule 3.8. Special responsibilities of a prosecutor. The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable
cause;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the
procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such
as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor
that tends to negate the guilt of the accused or mitigates the offense, and, in connection with
sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known
to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order
of the tribunal;

(e) except for statements that are necessary to inform the public of the nature and extent of the
prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood of heightening public condemnation of the
accused and exercise reasonable care to prevent investigators, law enforcement personnel,
employees or other persons assisting or associated with the prosecutor in a criminal case from
making an extrajudicial statement that the prosecutor would be prohibited from making under Rule
3.6 or this Rule;

(f) not, without prior judicial approval, subpoena a lawyer for the purpose of compelling the lawyer
to provide evidence concerning a person who is or was represented by the lawyer when such
evidence was obtained as a result of the attorney-client relationship.(As adopted by the court on
February 16, 2007, eff. April 15, 2007.)

COMMENTARY
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.
This responsibility carries with it specific obligations to see that the defendant is accorded
procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far
the prosecutor is required to go in this direction is a matter of debate and varies in different
jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to
the Prosecution Function, which in turn are the product of prolonged and careful deliberation by
lawyers experienced in both criminal prosecution and defense. Applicable law may require other
measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of
prosecutorial discretion could constitute a violation of Rule 8.4.

[2] In some jurisdictions, a defendant may waive a preliminary hearing and thereby lose a
valuable opportunity to challenge probable cause. Accordingly, prosecutors should not seek to
obtain waivers of preliminary hearings or other important pretrial rights from unrepresented
accused persons. Paragraph (c) does not apply, however, to an accused appearing pro se with the
approval of the tribunal. Nor does it forbid the lawful questioning of an uncharged suspect who has
knowingly waived the rights to counsel and silence.

[3] The exception in paragraph (d) recognizes that a prosecutor may seek an appropriate
protective order from the tribunal if disclosure of information to the defense could result in
substantial harm to an individual or to the public interest.

[4] Paragraph (e) supplements Rule 3.6, which prohibits extrajudicial statements that have a
substantial likelihood of prejudicing an adjudicatory proceeding. In the context of a criminal
prosecution, a prosecutor's extrajudicial statement can create the additional problem of increasing
public condemnation of the accused. Although the announcement of an indictment, for example,
will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid
comments which have no legitimate law enforcement purpose and have a substantial likelihood of
increasing public opprobrium of the accused. Nothing in this Comment is intended to restrict the
statements which a prosecutor may make which comply with Rule 3.6(b) or 3.6(c).

[5] Like other lawyers, prosecutors are subject to Rules 5.1 and 5.3, which relate to
responsibilities regarding lawyers and nonlawyers who work for or are associated with the lawyer's
office. Paragraph (e) reminds the prosecutor of the importance of these obligations in connection
with the unique dangers of improper extrajudicial statements in a criminal case. In addition,
paragraph (e) requires a prosecutor to exercise reasonable care to prevent persons assisting or
associated with the prosecutor from making improper extrajudicial statements, even when such
persons are not under the direct supervision of the prosecutor. Ordinarily, the reasonable care
standard will be satisfied if the prosecutor issues the appropriate cautions to law enforcement
personnel and other relevant individuals.

[6] The prohibition in paragraph (f) was added because of the increasing incidence of grand jury
and trial subpoenas directed toward attorneys. A court called upon for prior judicial approval should
be guided by appropriate standards. See e.g., Whitehouse v. U.S. District Court, 53 F.3d 1349 (1st
Cir. 1995); U.S. v. Klubock, 832 F.2d 664 (1st Cir. 1987) (en banc). Accordingly, prior judicial
approval should be withheld unless (1) the information sought is not protected from disclosure by
an applicable privilege, (2) the evidence sought is essential to the successful completion of an
ongoing investigation or prosecution and is not merely peripheral, cumulative or speculative, (3)
the subpoena lists the information sought with particularity, is directed at information regarding a
limited subject matter in a reasonably limited period of time, and gives reasonable and timely
notice, (4) the purpose of the subpoena is not to harass the attorney or his or her client, and (5) the
prosecutor has unsuccessfully made all reasonable attempts to obtain the information sought from
non-attorney sources and there is no other feasible alternative to obtain the information.


How many "mature THC producing" FEMALES are in that envelope ??

ZERO ??

Some prosecutors just have taken to much viagra and not read the instructions.. If hard on last longer than 4 hr' SEEK medical attention immediately !!

They read it as if hard on needed for more than 4 hr' take more ..

Were is lorena bobbit when you need her the most.lol.

 

[Wingman420]

Love you bsemaj you are the BEST!! This helps brother I will be forwarding a copy of this to my Atty despite the fact he is a "pussy" LMAO

I did not notice any "V" and it has no meaning in legal terms that I know of.
As for how many Plants contained THC that's a great question

The "gag" order is a stipulation of Home Confinement Bail and NOT a standard bail condition as there are many wrongs in this case this just cites another Constitutional Right denied me in this case! IDK why but when asked was told "this is standard Home Confinement Bail contract" Believe me this bothers me greatly as the first thing I wanted to do was contact the Press and tell me story.
According to the Rules of Conduct in RI this prosecutor will be barred from prosecuting a case he knows to be untrue or not supported by probable Cause. Huh, Wonderful, simialr to evidence gained illegally like my Plants. Evidence gained here is truly Fruit of the Poisoned Tree among being 420% LEGAL.
bsemaj
+REP

 

[1234a5678b]

Just stopped by to make sure you were doing O.K.. Try to hang in there in the wake of this litany of atrocities.

 

[TorturedSoul]

As for how many Plants contained THC that's a great question

Possibly not helpful; there have been people busted for (inadvertently) growing/possessing ditchweed aka hemp and in terms of substances we don't discuss, for thinking that they were selling those substances instead of innocuous substances such as powdered sugar, baby formula, and the like. But such cases are, I suspect, open to the interpretation of judge or jury (I guess they all are, though).

The "gag" order is a stipulation of Home Confinement Bail and NOT a standard bail condition as there are many wrongs in this case this just cites another Constitutional Right denied me in this case! IDK why but when asked was told "this is standard Home Confinement Bail contract" Believe me this bothers me greatly as the first thing I wanted to do was contact the Press and tell me story.

Press? Nah, "press" the telephone buttons and call one of those bottom-feeder types that work about 11 days a year doing class-action lawsuits and ask them how much they think 30% of the figure that would be awarded to every person that has been on HCB in the state of RI in the past 10 years(?) who have had their US Constitutional rights violated - with the statement that you can supply documented proof - would amount to. Then get him to agree to cutting you in for two and a half percentage points of the gross award for your providing that documentation. (Allowing him to talk you down to half a percentage point on the stipulation that you both agree on a small panel to research & decide what the expected damages would be and he pays you up front before the litigation/settlement begins might give you a quick boost to your legal fund?)

According to the Rules of Conduct in RI this prosecutor will be barred from prosecuting a case he knows to be untrue or not supported by probable Cause.

I would think that would be a well-defined thing for all prosecutors in our country. After all, they are directed to NOT pursue frivolous and/or untenable cases - and have been disciplined for doing so.

Continued well-wishes.

 

[Wingman420]

Thanks TS, I truly appreciate your insights and support!!
I am headed back Jan 30th and will keep you all informed.
Wouldn't it be great to walk in and have the whole case Dismissed on that date? NOT in this world, the Establishment doesn't do well with "hey we falsely arrested and locked you up without bail, sorry"
Although on a hopeful note, a Lincoln Police man Officer Krawetz was just found guilty of Felony Assault with a Dangerous weapon to wit: his clod foot. When he was videotaped kicking, and knocking out, a handcuffed and sitting woman who tried to kick him.

 

[1234a5678b]

Thanks TS, I truly appreciate your insights and support!!
I am headed back Jan 30th and will keep you all informed.
Wouldn't it be great to walk in and have the whole case Dismissed on that date? NOT in this world, the Establishment doesn't do well with "hey we falsely arrested and locked you up without bail, sorry"
Although on a hopeful note, a Lincoln Police man Officer Krawetz was just found guilty of Felony Assault with a Dangerous weapon to wit: his clod foot. When he was videotaped kicking, and knocking out, a handcuffed and sitting woman who tried to kick him.

Are you sure it wasn't a cloven hoof?

Sounds like that bully with a badge has an anger management problem. Probably the kid who threw a cheap punch at his classmates, and then ran behind the teacher in elementary school, crying about being hit back.

 

[Wingman420]

I'm sorry it was a "shod foot" Judge Clifton reffered to when rendering his guilty decision against Patrolman Krawetz. Locally it was like "The Kick heard round the world." very damaging video, take alook and see what I mean. He is faciing 20yrs in Prison with Sentencing in March, I believe. The woman had to be dragged out of a lounge after kicking and punching multiple patrons, then Police, and was handcuffed drunk in the lot when a camera caught it.