Jurors in Chico Medical Marijuana Case To Be Shielded from Protesters

Chico Enterprise Record ^ | 6/27/02 | Chris Rizo

[WindMinstrel]

Amid concerns that protesters outside Sacramento's federal courthouse could compromise the prosecution's case against the operator of a Chico medical marijuana dispensary, a federal judge has ordered that jurors be transported to his courtroom from an undisclosed, remote location before each session. This week's two days of peaceful protests were spurred by U.S. District Judge Frank C. Damrell Jr.'s decision denying defendant Bryan James Epis the use of a medical marijuana defense, in which Epis alleged federal offenses could be lessened by the circumstances in which they were committed.

In this case: compassion, supporters say.

"Us patients are out here for a reason: We have convictions about this, and it's not just out of medical necessity, it's our spiritual and political convictions," said protester Mike Rogers of Cohasset, who faced similar cultivating charges in 1999, but was acquitted in state court two years later.

Pointing to a recent U.S. Supreme Court decision, Judge Damrell refused the defense an opportunity to base its case on a medical marijuana defense to explain away Epis' conduct of providing pot to seriously ill patients.

"The Supreme Court is crystal clear on this issue," he said. "No medical marijuana defense will be allowed."

At the center of controversy is state Proposition 215, the 1996 voter-approved ballot measure that allows the medical use of marijuana with a physician's signed recommendation. Federal law, however, conflicts, forbidding the use of cannabis products, including pot, for any purpose.

"We are here showing our support for medical marijuana clubs, protesting so the federal government recognizes that (California) voters approved Prop. 215 in 1996," said "Medical Mike" Nelson of Paradise, a member of the Butte Alliance for Medical Marijuana in Chico.

In a four-count federal indictment, Epis is accused of conspiring to manufacture at least 1,000 marijuana plants near a school - Chico High School - a crime which carries a mandatory 10-year prison sentence. He is also accused of manufacturing 100 plants, which carries an obligatory five-year federal prison term.

But Epis, who says he uses marijuana for neck pain resulting from a near-fatal traffic crash, argues he had the right to dispense marijuana to seriously ill patients, who came to him with written permission from their doctor -- stipulations, which he argues, are affirmed by the electorate.

"We crossed all of our Ts, dotted all of our Is," Epis said of his organization, the Medical Marijuana Caregivers, which he co-founded in Chico.

"We did all the things that Prop. 215 requires. We were even in the process of setting it up as a non-profit organization," he said.

Even though he was indicted in 1997, Epis said in a court recess interview Wednesday that he was not charged until January, after he refused Asst. U.S. Attorney Samuel Wong's offer of four years in prison in return for pleading guilty to growing 100 plants.

Epis maintains that Wong's predecessor on the case offered him four months house arrest if he pled guilty, not the 10 years Wong now seeks.

On Monday, concerned that a potential jury pool was tainted by pro-medical marijuana, anti-jury leaflets, Damrell dismissed a prospective panel, subsequently seating an official jury Wednesday, and ordering them not to speak about the case.

Justifying his decision to bus jurors, Damrell said if they see the leaflets or banners displayed along Sacramento's busy "I" Street, it could "chill their objectivity" and "erode their impartiality."

While prosecutor Wong sought a gag order to prevent the case from being "tried in the press," the judge denied the request, but admonished jurors to remained silent.

"If the jurors see that there is a mandatory (10 year) sentence, I don't see how the government can receive a fair trial," argued another federal prosecutor, calling on Damrell to further shroud jurors from that message.

While Epis' attorney, the renowned barrister J. Tony Serra, denied the 35-year old Chicoan and law graduate had any control over the protesters, Damrell said Wednesday that it seems to him that "there is a degree of control," which if proven could exacerbate Epis' legal troubles.

"If there is a connection, this is building up into a serious matter ... of criminal contempt," Damrell warned.

The court will hear opening arguments today.

[WindMinstrel]

"We did all the things that Prop. 215 requires. We were even in the process of setting it up as a non-profit organization," he said besides the whole WoD issue, this thing reeks to high heavens. States rights, jury nullification, whatever -- this judge is doing his best to prevent this fellow from defending himself.

[Wolfie]

"If the jurors see that there is a mandatory (10 year) sentence, I don't see how the government can receive a fair trial," argued another federal prosecutor, calling on Damrell to further shroud jurors from that message.

Kinda says it all, doesn't it?

[Wolfie]

"The Supreme Court is crystal clear on this issue," he said. "No medical marijuana defense will be allowed."

Can the Judge read? That's certainly not what the SC said.

[FreeTally]

Wow, he actually said that the government would not receive a fair trial. And I always thought individuals were required to receive a fair trial, and that concept is not applied to the government, who is the one upon which the burden of proof rests. Silly me!

[FreeTally]

this judge is doing his best to prevent this fellow from defending himself.

Yes, this is a clear case for jury nullification. Any informed jury would aquit on the basis that the Federal government has no jurisdiction per the 10th Amendment, and this issue had already been settled under California Law.

Look at the two charges:

Epis is accused of conspiring to manufacture at least 1,000 marijuana plants near a school - Chico High School - a crime which carries a mandatory 10-year prison sentence. He is also accused of manufacturing 100 plants, which carries an obligatory five-year federal prison term.

Two federal edicts based upon arbitrary, randomly selected amounts of plants. And I love the use of "obligatory".

[Freeper 007]

How could you possibly expect the jurors to come to an objective and just verdict if they had access to all of the information.

Only by allowing the government to control the input they receive can we have faith in the verdict they will give out.

[steve50]

The Supreme Court upheld the right of jury nullification for almost 200 years, and members wrote about it often. Another victim of this insane WOsD.

[Dog Gone]

As a point of clarification, the Chico newspaper is the Enterprise-Record

[WindMinstrel]

Thanks for the clairification, DG. A-M, is this a big enough deal to warrant an edit?

[HiTech RedNeck]

Is there some way the Feds can be freeped telling them that we, the people, do NOT want them pursuing this kind of case?

[Dog Gone]

Judge Damrell, a Clinton appointee, has been responsible for some of the more looney decisions coming out of Federal Court in California. He's also been reversed several times in high-profile cases.

[WindMinstrel]

Is there some way the Feds can be freeped telling them that we, the people, do NOT want them pursuing this kind of case?

The Feds don't care what we think about it. Read that prosecutor's quote again: "If the jurors see that there is a mandatory (10 year) sentence, I don't see how the government can receive a fair trial," He acknowleges that the public wouldn't give someone a 10-year sentance on this charge, so he tries to hide it. They don't care. They don't answer to us. They haave their own agenda.

[headsonpikes]

"Jury Nullification" bump. The bureaucratic state is essentially a criminal conspiracy against the population. Fight back.

[WindMinstrel]

heh, check this incompetance out!

Source: Sacramento Bee

The trouble-plagued marijuana trial of Bryan James Epis may have hit an insurmountable obstacle Thursday -- the defendant has never entered a plea. The charges on which Epis is being tried are contained in an indictment returned by a federal grand jury on Jan. 30, but there was no arraignment.
On Thursday morning, the jury heard opposing attorneys' opening statements and the government began presenting its evidence. After the lunch break, however, defense lawyer J. Tony Serra brought the procedural glitch to the attention of U.S. District Judge Frank C. Damrell Jr.

The judge put one of his law clerks to work on what impact the oversight will have. Later, when the jury was excused for its mid-afternoon break, Damrell observed, "It would appear that this indictment is in trouble."

Serra agreed, arguing that "the charges now don't exist."

The judge responded, "That would be my conclusion."

Damrell then sent the jury home until Tuesday and scheduled a hearing Monday on the question of whether an indictment is still valid once trial has commenced without a not-guilty plea.

The indictment in question is the third since July 1997 to charge the 35-year-old Epis with growing marijuana.

Evidence against Epis gained through a 1994 search, which was the foundation of the first indictment, was tossed out.

A second indictment, based on a second search, was returned Jan. 25, 2001.

The third indictment, also based on the second search, came 12 days before Epis' trial was to begin and supplanted a second indictment.

At the time, Damrell was dealing not only with a slew of pre-trial motions filed by Serra's firm, but also with a motion to allow former co-defendant Michael James Godwin's challenge of the first search of Epis' house in Chico that led to charges against the pair.

Damrell granted Godwin's motion in March, and Assistant U.S. Attorney Samuel Wong is appealing that ruling.

[FreeTally]

Is there some way the Feds can be freeped telling them that we, the people, do NOT want them pursuing this kind of case?

Yeh, but they want your name and address so they can come discuss it with on a one on one, er.., I mean twenty on one basis.

[Wolfie]

To be sure:

Laura Kriho: Hold Out Juror Accused of Criminal Contempt

[Admin Moderator]

We can fix headers. Thanks, AM

[headsonpikes]

Fully informed jury bump.

Nullification is one of the last political powers mere citizens possess.