Sentencing of Charles C. Lynch scheduled for March 23, 2009 - NEED COURT SUPPORT!

[420]

Please Join us with Court Support for Charles C. Lynch – California Medical Marijuana Dispensary Owner

Sentencing is scheduled for March 23, 2009 at 8:30am

Federal Court House 312 Spring St Los Angeles CA 90012

Please watch this clip of Charles Lynch telling his story to Al Roker on MSNBC’s new documentary called Marijuana, Inc.
Marijuana Inc. - MSNBC with Al Roker
(not to be confused with the documentary that is also airing on CNBC called, Marijuana Inc.)

Charles C. Lynch is the former owner and managing Caregiver for Central Coast Compassionate Caregivers in Morro Bay.

The dispensary opened on April 1 2006 with the blessing of the city and even joined the Chamber of Commerce. In July 2006 the dispensary was granted a Conditional Use Permit from the City of Morro Bay to include a Medical Cannabis Nursery at the dispensary.

The Dispensary operated for almost one year without any major problems or complaints to the owner. On March 29, 2007 the Local Sheriff and DEA agents raided the Dispensary and Home of Charles Lynch. Lynch was not arrested at the time and reopened the dispensary on April 7 2007 with the blessing of the City of Morro Bay. A week after reopening the dispensary the DEA called the Landlord and threatened him with Forfeiture of his property unless he evicted the Dispensary from the building. On May 16, 2007 the Dispensary closed permanently.

On July 17, 2007 Lynch was arrested at his home and charged with Federal Marijuana Distribution. Now Lynch faces federal Prosecution for operating the Dispensary. His trial is scheduled to begin on July 22, 2008 in Los Angeles.

On August 5, 2008 Lynch was convicted in Federal Court for operating the Central Coast Compassionate Caregivers. On November 17, 2008 Charles will appear before Judge Wu to request a new trial on the grounds that he was not allowed to get his defense before the jury. On November 24, 2008 Charles will be sentenced in Federal Court and will most likely appeal the conviction and sentencing. Charles is currently out on a $400,000 bail posted by his loving and trusting family.

A Rally of support for Lynch and other patients and providers occurred before the Federal Court house on Monday February 23 at 12pm.

Charles C. Lynch will be sentenced on March 23, 2009 at the Federal Court House in Los Angeles. Eddie Lepp will be sentenced on the same day in Northern California for growing Medical Marijuana. Supporters and media are encouraged to attend.

Supporters who wish to write a letter of support regarding sentencing should use the Letter salutation "Dear Judge Wu" and then send the letter to:

Reuven Cohen
Federal Public Defender
321 East 2nd Street
Los Angeles, CA 90012-4702

We thank you for your support of our mission to create Cannabis awareness to the world.

Please visit Charles's website for more information on him and his case.
Home - Friends of CCL

 

[420]

YouTube - Al Roker Marijuana Inc with Charles C. Lynch

 

[Wyliedog]

Educate on Jury Rights to stop these prosecutions

Too bad these jurors didn't look up their rights before serving on the jury -

The trial jury protected under our Constitution is a judicial body with more power than Congress, the President, or even the Supreme Court. A jury has the power to decide the issues of law under which the defendant is charged, as well as the facts. In our system of checks and balances, the jury is our final arbiter for justice.

The jury has the power to veto bad laws under our Constitution.

Pot advocates exhale after AG signals policy shift

(Pot advocates exhale after AG signals policy shift)
Excerpt -

Two of the jurors who convicted Lynch also took issue with the federal prosecution. They wrote letters to U.S. District Judge George Wu asking for leniency, saying they felt they were forced to find him guilty under federal guidelines.

"Because of the instructions we were given regarding that we were to disregard state law, I felt we had no other option but to convict Mr. Lynch," juror Andy Gordon wrote.

Fellow panelist Reza Iranpour called the verdict a "miscarriage of justice" and said Lynch was a victim of "bureaucratic conflict."

Lynch "faces the prospect of being severely punished for trusting misleading laws and regulations," Iranpour wrote.

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ASA : Jurors Rights Education Campaign

Jurors Rights Education Campaign

Over one hundred medical cannabis patients and caregivers are facing defenseless federal trials in California alone. Prosecutors fight hard to keep any information about medical cannabis out of courtrooms to make sure that they get their conviction.

If the same Californian voters who supported Proposition 215 knew that they may be unwittingly convicting a medical cannabis provider and knew their rights as a juror, there would be a greater chance of a jury issuing a NOT GUILTY verdict.

I. Juror's Rights Information
Jurors have the Power: The trial jury protected under our Constitution is a judicial body with more power than Congress, the President, or even the Supreme Court. Judges say the "issue of law" is for them to determine, and instruct the jury to rule only on the fact of whether or not a defendant broke the law. Actually, a jury has the power to decide the issues of law under which the defendant is charged, as well as the facts. In our system of checks and balances, the jury is our final arbiter for justice.

Jurors have the right to acquit: This power is referred to as jury "discretion." Just as police use discretion on whether to enforce the law; and prosecutors use discretion when charging someone with a violation of the law; and judges use discretion in deciding whether to dismiss those charges; jurors also have the power to use discretion in applying the law.

Jurors can question the Law: In an American courtroom there are in a sense twelve judges in attendance, not just one. As the United States Court of Appeals for the District of Maryland ruled, "If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision." (US vs Moylan, 417 F 2d 1002, 1006 (1969).

Jurors "Know your Rights": You must know your rights because, once selected for jury duty, nobody will inform you of your power to judge both law and fact. The judge's instructions to the jury may be to the contrary. YOU, as a juror armed with the knowledge of your real rights, powers, and duties, can with your single vote of not guilty "hang" a jury. Although it won't be an acquittal, at least the defendant will not be convicted of violating an unjust or unconstitutional law. This is how the average citizen can help keep in check the power of government and bring to a halt the enforcement of faulty acts of the legislature.

II. Ways to Educate Potential Jurors:
Letters to the editor: LTEs are great ways to spread the word. Consider writing letters during a key trial, and make sure to highlight the fact that federal medical cannabis defendants cannot invoke a medical defense.
Educate your friends and family: Any citizen could be a juror at some point so bring up jurors' rights whenever you discuss your advocacy work.
Hold public forums: Utilize an already organized population, such as a church or university, to hold public forums on jurors' rights.
Leaflet court houses: Do juror education outside courthouses often. Remember the tips below. . .
III. The Dos and Don'ts of Juror Education near Courthouses
WARNING: The courts see a very fine line between Jury Education and Jury Tampering. Use the guidelines below to keep on the right side of the law!

While Doing Juror Education, Don't:
Give out information on a specific defendant.
Ask people if they are jurors.
Target only specific trials.
Enter the courtroom and see the jury.
While Doing Juror Education, Do:
Keep medical cannabis subject matter and jury education separate.
Educate everyone.
Keep a consistent schedule at courthouses.

Download this Flyer and Get Started Now! -
ASA : Jurors Rights Education Campaign

MORE -

The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by government.

https://www.fija.org/docs/jurors_handbook_a_citizens_guide_to_jury_duty.pdf

Excerpts from the Jurors Handbook a Citizens Guide -

The jury has the power to veto bad laws under our Constitution.

As recently as 1972, the U.S. Court of Appeals for the District of Columbia said that the jury has an "unreveiwable and irreversible power... to acquit in disregard of the instructions on the law given by the trial judge..."

At the time the Constitution was written, the definition of the term "jury" referred to a group of citizens empowered to judge both the law and the evidence in the case before it.

In an American courtroon there are in a sense twelve judges in attendance, not just one. And they are there with the power to review the "law" as well as the "facts". Actually, the "judge" is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.

You must know your rights! Because, once selected for jury duty, nobody will inform you of your power to judge both law and fact. In fact, the judge's instructions to the jury may be to the contrary. A quote from US vs Dougherty: The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a necessary counter to case-hardened judges and arbitrary prosecutors, does not establish as an imperative that the jury must be informed by the judge of that power".

Look at that quote again. The court ruled jurors have the right to decide the law, but they don't have to be told about it.

As a juror, you are one of a panel of twelve judges with the responsibility of protecting all innocent Americans from unjust laws.

The average citizen can help keep in check the power of government and bring to a halt the enforcement of tyrannical laws. Unfortunately, very few people know or understand this power which they as Americans possess to nullify oppressive acts of the legislature.

Sometime in the future, you may be called upon to sit in judgement of a sincere individual being prosecuted for trying to exercise his or her Rights, or trying to defend the Constitution. If so, remember that in 1804, Samuel Chase, Supreme Court Justice and signer of the Declaration of Independence said: "The jury has the Right to judge both the law and the facts". And also keep in mind that "either we all hang together or we most assuredely will all hang separately".

See also:

Jurors' Handbook: Citizens Guide to Jury Duty and Jury Nullification

Jurors' Handbook - A Citizens Guide to Jury Duty and
Jury Nullification - The Top Secret Constitutional Right