Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
In a resounding defeat of San Diego District Attorney Bonnie Dumanis, a jury of 12 on March 25 found me not guilty on all counts, after less than four hours of deliberation. The jurors unanimously determined that I acted lawfully and in accordance with state law when it came to all the charges against me; sales, possession, transportation and possession of concentrated cannabis.
They also had a thing or two to say about the D.A.’s investigation and prosecution in this case.
After the verdict was read, two jurors met me outside the courtroom and said, “Eugene, we all believed in you, you are a good man.” Days after the trial, I received an e-mail from another juror in my case, a part of which reads, “This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn’t prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare.”
I have been a resident of San Diego for more than 20 years, honorably discharged from the U.S. Navy, and having completed an MBA, I built a successful career in software development project management. I am also a medical cannabis patient and operated a nonprofit collective here in San Diego until February of 2009, when my house was raided and I was arrested in “Operation Green Rx,” later announced by the D.A. in a press conference as “Operation Endless Summer,” an operation supposedly targeting violent drug gangs in military housing.
A federal grant requested by San Diego Chief of Police William Lansdowne in collaboration with the D.A.’s office funded this operation. Originally titled the “Violent Crime and Gangs Grant Program,” the grant cited that “Military officials estimate there are approximately 1,000 active gang members in the services stationed in San Diego. These gang members pose an especially high danger, because they are trained in lethal military tactics, and they may suffer from post traumatic stress.”
Apparently this representation of the facts convinced the federal government to help fund the operation.
The grant provided the NTF and associated agencies with both the resources and permission to spend $342,590 on combating violent drug gangs on military bases. However, the grant’s original purpose and intent — when compared to where the money actually went in Operation Green Rx — is very different.
Initially, perhaps the NTF did catch one or two gang members; however, the operation quickly changed into a concerted effort by the NTF to eradicate all medical marijuana providers in San Diego. The money received in the grant to target violent drug gangs instead went to target medical marijuana patients and providers attempting to navigate what has become known as the “Serpentine Roadmap” that makes up our medical marijuana laws here in San Diego.
In February of 2009, while knowing that the operation was targeting medical marijuana patients and not violent drug gangs, Dumanis announced the successful completion of this operation in a press conference.
The fact that the community isn’t asking more questions of the D.A.’s conduct and how the money was spent in this operation is puzzling.
In Operation Green Rx, local San Diego police detectives — part of the cross-jurisdictional NTF headed by the Drug Enforcement Agency (DEA) — lied to doctors about their identity and conditions, obtained valid recommendation for medical marijuana and joined the majority of collectives and cooperatives listed on the San Diego section of the CA NORML list.
Jamie Conlan (Detective Scott Henderson) called me in November of 2008 and provided all the required membership information to join. After verifying his eligibility with his doctor, I allowed him to join the collective. While pretending to be a sick patient, he requested that I deliver one quarter ounce (7g) of medical cannabis to his house.
After seeing him once and providing him with the medicine he requested, three months later, in February 2009, I was charged with four felonies, $65,000 bail, thrown in jail, dragged through the court system for more than a year, and have suffered what has now turned into permanent and profoundly traumatic damage to my professional and personal life.
When my house and vehicle were raided by the NTF in February of 2009, the detectives seized 14 grams of concentrated cannabis, as well as 34 grams of dried cannabis from my vehicle, along with a number of personal items such as a backpack, cell phone and passport.
Even though I was acquitted of all the charges against me, and both the judge and jury have determined that I was legally allowed to possess as well as distribute the medication to the collective members, the San Diego D.A. has still refused to return all of the property seized from me in February.
With Dumanis running unopposed for her third term as San Diego D.A., there is already talk in the community about a recall campaign. Hopefully, Dumanis’ office will reconsider its position with regard to all medical marijuana cases, and refocus back on its mission of “pursuit of the truth, justice and protection of the innocent and the prevention of crime through the vigorous and professional prosecution of those who violate the law,” rather than the vigorous prosecution and “fierce fight” against those who follow it.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: sdnn.com
Author: Eugene Davidovich
Copyright: 2010 San Diego News Network, LLC
Contact: feedback@sdnn.com
Website: Politics Opinion | It's time to reconsider trials against medical marijuana patients
They also had a thing or two to say about the D.A.’s investigation and prosecution in this case.
After the verdict was read, two jurors met me outside the courtroom and said, “Eugene, we all believed in you, you are a good man.” Days after the trial, I received an e-mail from another juror in my case, a part of which reads, “This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn’t prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare.”
I have been a resident of San Diego for more than 20 years, honorably discharged from the U.S. Navy, and having completed an MBA, I built a successful career in software development project management. I am also a medical cannabis patient and operated a nonprofit collective here in San Diego until February of 2009, when my house was raided and I was arrested in “Operation Green Rx,” later announced by the D.A. in a press conference as “Operation Endless Summer,” an operation supposedly targeting violent drug gangs in military housing.
A federal grant requested by San Diego Chief of Police William Lansdowne in collaboration with the D.A.’s office funded this operation. Originally titled the “Violent Crime and Gangs Grant Program,” the grant cited that “Military officials estimate there are approximately 1,000 active gang members in the services stationed in San Diego. These gang members pose an especially high danger, because they are trained in lethal military tactics, and they may suffer from post traumatic stress.”
Apparently this representation of the facts convinced the federal government to help fund the operation.
The grant provided the NTF and associated agencies with both the resources and permission to spend $342,590 on combating violent drug gangs on military bases. However, the grant’s original purpose and intent — when compared to where the money actually went in Operation Green Rx — is very different.
Initially, perhaps the NTF did catch one or two gang members; however, the operation quickly changed into a concerted effort by the NTF to eradicate all medical marijuana providers in San Diego. The money received in the grant to target violent drug gangs instead went to target medical marijuana patients and providers attempting to navigate what has become known as the “Serpentine Roadmap” that makes up our medical marijuana laws here in San Diego.
In February of 2009, while knowing that the operation was targeting medical marijuana patients and not violent drug gangs, Dumanis announced the successful completion of this operation in a press conference.
The fact that the community isn’t asking more questions of the D.A.’s conduct and how the money was spent in this operation is puzzling.
In Operation Green Rx, local San Diego police detectives — part of the cross-jurisdictional NTF headed by the Drug Enforcement Agency (DEA) — lied to doctors about their identity and conditions, obtained valid recommendation for medical marijuana and joined the majority of collectives and cooperatives listed on the San Diego section of the CA NORML list.
Jamie Conlan (Detective Scott Henderson) called me in November of 2008 and provided all the required membership information to join. After verifying his eligibility with his doctor, I allowed him to join the collective. While pretending to be a sick patient, he requested that I deliver one quarter ounce (7g) of medical cannabis to his house.
After seeing him once and providing him with the medicine he requested, three months later, in February 2009, I was charged with four felonies, $65,000 bail, thrown in jail, dragged through the court system for more than a year, and have suffered what has now turned into permanent and profoundly traumatic damage to my professional and personal life.
When my house and vehicle were raided by the NTF in February of 2009, the detectives seized 14 grams of concentrated cannabis, as well as 34 grams of dried cannabis from my vehicle, along with a number of personal items such as a backpack, cell phone and passport.
Even though I was acquitted of all the charges against me, and both the judge and jury have determined that I was legally allowed to possess as well as distribute the medication to the collective members, the San Diego D.A. has still refused to return all of the property seized from me in February.
With Dumanis running unopposed for her third term as San Diego D.A., there is already talk in the community about a recall campaign. Hopefully, Dumanis’ office will reconsider its position with regard to all medical marijuana cases, and refocus back on its mission of “pursuit of the truth, justice and protection of the innocent and the prevention of crime through the vigorous and professional prosecution of those who violate the law,” rather than the vigorous prosecution and “fierce fight” against those who follow it.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: sdnn.com
Author: Eugene Davidovich
Copyright: 2010 San Diego News Network, LLC
Contact: feedback@sdnn.com
Website: Politics Opinion | It's time to reconsider trials against medical marijuana patients
