CA: STAGGERING BLOW DEALT TO THE VICTORS'

The scene unfolding tore at me like the death of a loved one.

Marty put his arms and embraced LaVonne as she dissolved into tears as Judge
James Warren refused to dismiss the charges against them and bound the
Victor's over to trial. I was simply blown away as I had come to believe all
that had been told me by their attorney and other legal professionals - that
their case would be dismissed because of the Mower Decision by the California
Supreme Court. Once again justice has been subverted to expediency and
deference to law enforcement.

Although Judge Warren ruled that Marty and LaVonne were bona fide medical
marijuana patients and had the right to possess and cultivate marijuana, he
decided that the amount of marijuana they had stored (somewhere between 8 and
21 pounds depending on whose figures were accepted) created a reasonable
doubt that they possessed it for sale. The Mower decision specifically didn't
allow sales and so, the judge reasoned, he wouldn't make the decision as to
whether the marijuana in excess of their needs was for sale or not. Taking
the easy way out, he left it to a jury to make the decision.

That is such rot. It is a decision that Judge Warren could make and should
have made. I really don't know why he didn't make the decision to dismiss. My
gut feeling is that judges usually defer to law enforcement and if the
district attorney wants to take a case to trial, then the judge will very
rarely go against their desires. It is a Pavlovian response that is very hard
to overcome.

What makes Judge Warren's ruling so cruel is that it was patently obvious
that the Victor's didn't have the excess marijuana for sale. It was merely
the amount harvested from their very first crop and they stored it
haphazardly in jars. They were absolute novices and never even gave any
thought to the possibility that they had more than the law would allow -
especially since the law didn't specify any amounts. At the trial, a
sheriff's officer even testified that Marty called him in an attempt to
obtain that kind of information. The officer told Marty that he had no idea
what amount he could grow - so if a police official doesn't know, how can a
judge expect an ordinary citizen to know. Judge Warren felt that Marty should
understand the law better than the police.

Since our legislators have passed the buck at establishing guidelines and
this judge refused to recognize that the law gives patient's no guidance,
police will continue to have free reign to make the decision on their own as
to what is an excessive amount. This is akin to driving down a highway not
knowing how fast you can go and each police officer makes their own
individual determination if you were going to fast. ALTHOUGH THE MOWER
DECISION WAS THOUGHT TO BE A MAJOR BREAKTHROUGH, THE RULING BY JUDGE WARREN
RENDERS IT VIRTUALLY MEANINGLESS.

So it is still the same old game. You get the law changed and then law
enforcement refuses to recognize it and the District Attorneys and the
judges' work hand in glove to thwart it cause they disapprove of it. Although
we had hoped that this judge would render a verdict in support of the right
of California citizens to determine what is in their own best interests, we
should have recognized his antipathy to Proposition 215 when he stated during
the trial "this law is insane."

The victims, of course, are the Victor's. They are just plain folks from
Temecula. LaVonne found that marijuana helps control the muscle spasms from
Multiple Sclerosis and Marty used it for his optic nerve condition. They read
about Proposition 215 and believed it and followed it. They didn't belong to
any groups or know anyone. They just did it on their own because it was the
law. And now they face the prospect of losing their home and spending
anywhere from four or more years in jail if convicted.

What with the horrendous DEA raids swooping down on medical marijuana
patients, doctors, caregivers and providers and the refusal of our local,
state and national elected officials to do ANYTHING, it has become so
disheartening. This country is chopping at the bit to go to war, saber
rattling and fighting terrorism subverts all other concerns, the economy is
in a shambles, crime is on the rise while we continue to foul our own nest
with pollution of our air, land and water.

We are all shouldering a major burden. I don't know of anyone who is not
fearful, depressed, outraged and alienated. These are certainly not the best
of times and for many they may very well be the worst of times. What has
befallen the Victor's is symptomatic of the distrust and cynicism that
underlies the feelings of so many American's towards their own government.

The Victor's are our friends, our family, and our compatriots. Those of us
who are truly concerned about our rights, our civil liberties and the future
of American democracy recognize that that what has happened to the Victor's
is a microcosm of what is happening to our nation.

We feel helpless in controlling the major events unfolding around us. They
are enormous, impersonal, inexplicable, complex and unfathomable. There
really is little any of us can do about them. But we can help the Victor's -
that is one thing we can all do.

The Victor's must raise $15,000 to pay for an attorney to present their
defense when they come to trial. They don't have it. They don't run around in
circles with people who have that kind of money. They have no idea where they
can get it.

For the last two years, I have done my best to keep the Marijuana
Anti-Prohibition Project functional and operational as the first and only
drug law reform organization in Riverside County. Today I am undertaking the
task of attempting to raise the $15,000 for the Victor's defense and have
formed the Victor's Legal Defense Fund. I have never done anything like this
in my life and I'm agonizing over my ability to succeed. I am going to do as
much as I can, but I can't do it all myself - I need your help - the Victor's
need your help.

First, if you can donate money, please write a check today to the Victor's
Legal Defense Fund. All monies received by the Victor's Legal Defense Fund
will be placed in a special Trust Account of the law firm of Margolin and
Shevin to be used for their legal expenses. All monies will be scrupulously
accounted for and what is not used will be returned. So please send in a
donation today - whatever size contribution you can make will be greatly
appreciated and can make the difference between justice and tragedy for the
Victor's.

Whether you can donate or not, you can also help by working with us to raise
money for the defense fund. We will be setting up tables at public events,
phoning for donations, holding fundraisers and soliciting contributions. Your
help in this way can also make the difference between justice and tragedy for
the Victor's.

Make checks payable to the Victor's Legal Defense Fund and mail them to:
Victor's Legal Defense Fund, c/o MAPP, PO Box 739, Palm Springs CA 92263. If
you can help, either email me back or call me at 760-799-2055.

The Victor's are paying a terrible price for believing in a law we all
support. We cannot let them down. We will never succeed if we do not support
those who blaze the trail we hope to follow.

Thank you,

Lanny Swerdlow