Motion alleges lying by feds(Lawyer for couple accused of growing marijuana wants case dismissed.)

sacbee.com ^ | Denny Walsh

[freepatriot32]

Sacramento federal prosecutors lied and misled three judges to conceal dealings between the U.S. attorney's office and a Placer County narcotics detective, a defense attorney alleges in a sealed court document. The charge arises in a marijuana case against a former Rio Linda couple and grew out of attorney William Panzer's four-year quest for information about a federal grand jury subpoena.

[freepatriot32]

hmm all that lying under oath but yet no perjury inditments must be that whole some people are much more equel then other right ? heres sorta an update to the story

"PLEASE HELP ME CHANGE FEDERAL MARIJUANA LAWS

By Robert Whiteaker

My family and I have been fighting a battle with government officials since May of 1999, when we were arrested in a suburb of Sacramento, CA. We were growing marijuana legally, by proposition 215 standards, under the care of a doctor.

Our troubles began when a rogue cop from another county tied my license plate number to a grow store, and allegedly searched my garbage, finding marijuana. With help from the federal government, they obtained my power records and then a search warrant based on houses near mine and their power usage. It took two years of investigating to find out their methods. We helped to stop their operation against growers with publicity.

We had our children taken from us, based on marijuana use by the parents. We had to fight the county of Sacramento to get them back. They held our children hostage in an effort to get us to accept a plea bargain. We got them back unconditionally, but only after $30,000 in attorney’s fees that we still owe. We had to move to a sane county (San Mateo) in order to return them to our home for good.

We fought in state court to have the search warrant thrown out based on lies from the cop. We were winning, when the federal government stopped the hearing and indicted us in federal court. We know that they are trying to protect the county (Placer) from civil law suits. We know that this is not a federal case, but they are treating us like murderers, with me getting a ten year minimum sentence. I have no prior record.

We know that the officer lied about the houses he compared with our house, and he lied about when he ran our plate numbers. He lied about seeing my van in the drive way, and he lied about finding marijuana in my garbage. He has done this with numerous other warrants, and we have proven it. The federal system treats you like you are guilty until proven innocent. I am drug tested six times a month, and cannot travel out of state without permission. I am considered lucky to not be in jail while this all goes on, and am obviously pushing the limits of non-conformity.

We have several motions in the federal system asking that the federal government be stopped from interfering with states’ rights, and patient rights. Motions that exclude the government from a strictly non-commercial state issue.

We also are seeking to have the case dismissed based on vindictive prosecution, and on the bad search warrant. Other cases, perhaps as many as 70 criminal and future civil cases may hinge on what happens.

My next court date is in late October. I need financial help. I need to buy expert witnesses on police procedures, and on marijuana growing. I need to pay my lawyer. I went bankrupt several years ago, and have recently been hospitalized with over $100,000 in medical bills.

I put my life on the line, rather than to give in to federal pressure. Every day is hell not knowing when they are going to come for me. Please help me, and my family to change the laws.

Please get this information to anyone that is concerned and could help.

Here are the links to some of the articles written about our case.

http://www.newsreview.com/issues/sacto/2002-02-28/news.asp

http://www.sacbee.com/content/news/story/1819208p-1897364c.html

http://www.sacbee.com/content/news/courts_legal/story/5973866p-6932482c.html

Here is the name, address and phone number of my attorney:

Whiteaker Defense Fund C/o William Panzer 370 Grand Ave, Suite 3 Oakland, CA 94610

Tel # 510-834-0418

Thank you for your time.

Sincerely,

Robert Whiteaker Norcalkid420@msn.com

[freepatriot32]

[MindBender26]

More dopers wanting to change the laws to they can get our kids hooked!

I'n sure they gave the money they made raising the dope to charity.!

[MindBender26]

Oh, yes. Forgot to tell you. They are innocent. Just ask any convict in prison. They are all innocent!

[sticker]

You break the law, you do the time.

[breakem]

Uh, are you referring to the prosecutors lies, the federal law, or the state law. It appears the feds are trying to ursurp the powers of the state in violation of the 10th amendment. Which of the conflicting laws should the citizens of california follow?

[MrLeRoy]

More dopers wanting to change the laws to they can get our kids hooked!

Brainwashed rubbish---nothing in the article suggests they were selling to minors. And since alcohol and tobacco are each more addictive than marijuana, your alleged concern for kids would be better directed at those products.

[em2vn]

I would rather see a pair of dope smokers go free than to see the feds use a federal court as a personal career advancement vehicle, broken laws or no.

[John Beresford Tipton]

"This is a case in which the prosecutors themselves, as law enforcement officers, have engaged in conduct which should shock any court in the land," Panzer wrote in the 23-page motion"

"U.S. Magistrate Judge... signed an order sealing the motion...and the request itself also is under seal."

Wouldn't like the word to get out that there are some crooks loose at the prosecutor's office?

[sticker]

I am referring to the freaking doper wanting his smoke and willing to break ANY law to get it. I notice the druggie's whine does't mention the weapons charge. What next crystal meth for medical reasons?

[MrLeRoy]

"there are patients with debilitating symptoms for whom smoked marijuana might provide relief. [...] Until a nonsmoked rapid-onset cannabinoid drug delivery system becomes available, we acknowledge that there is no clear alternative for people suffering from chronic conditions that might be relieved by smoking marijuana, such as pain or AIDS wasting."
- Marijuana and Medicine: Assessing the Science Base (1999), Institute of Medicine

[breakem]

You mention breaking the law, but it seems that they are following the law and the will of the people of california. Why do you believe the federal government has the power to override the cal law? The rest of your comment is just an emotional rant

[Orangedog]

Now, now...don't go dragging common sense into it. To the drug warriors, thats as bad as asking them to point out the part of the Constitution that gives the feds the power to ban drugs. Like that one amendment did that the country repealed when they realized they made a mistake. Maybe it's next to that clause that authorized the creation of the department of education or the department of energy, or the department of housing, or the department of health and human services, etc.

[Orangedog]

More dopers wanting to change the laws to they can get our kids hooked!

Oh yes...the children...it's for the children. [/sarcasm]

[jmc813]

WOD Ping

[Orangedog]

They can't find anything in the Constitution to back them up in their failed drug war that they dragged all of us into, to they pull the usual soccer-mom ploy of hiding behind kids.

[jmc813]

I notice the druggie's whine does't mention the weapons charge.

Another pro-WOD'er who supports the "Assault Weapons" ban. What a surprise.

[breakem]

Drug Czar is in there somewhere I hope. LOL!

After the feds get rid of drugs and pornography, they're going to work on a more secure boarder and secure shipping lanes into the US, the less high priority items.

[sticker]

Federal law says marijuana is illegal, so they are being charged in federal court. They are not being charged in california courts. The last time I looked california is part of America. I guess what you are saying is that whatever some lib state says is law should apply anywhere. As for it being an emotional rant, I think it is a real question. What if somewhere down the road somebody says that crack or crystal meth help prevent X, and a group of stoners get all hopped up to make that legal for medical use? What will you say then?

[sticker]

No, what I was pointing out is that the drug user didn't mention the weapons charge in his whine for money. Must not have wanted to upset his fellow stoners. I don't support any weapons ban for honest citizens.