PD knocked on my door , I opened it and stepped out and closed the door behind me.
They ask me my name and date of birth, I complied with the answers, then they asked if I was growing marijuana inside my home, I told them that wasn’t going to get an answer. Then they informed me of two traffic warrants for my arrest. I did as they asked, without incident.
After the arrest , I tried to communicate with my eleven year old son, he was inside the apt. I told him to call his grandmother, so she could take care of him.
The cops asked to enter my home, I said NO , they didn’t care what I said, they told me a security sweep was needed, they went inside without my permision.
They didn’t feel like there was a threat inside as they said later in court, they didn’t have a gun drawn , or did they do a swat type entery, they just strolled in, and began their search of my home.
The police went through my home , and opening doors, and looking in cabinets, closed drawers, aswell as opening the closet sliding doors.
After the warrantless entery and search, they decided to call the narcotics task force.
When the detective arrive about an hour and a half later, then he too went inside for a while , enter and search without a warrant .
He then asked me about the plants, I told him that I have a physician’s statement, I wasn’t going to lie, but they had me in a no win situation due to them violating me and my fourth ammendment rights.
I told them my recommendation wasn’t in the house , but really it was, I was nervous because it had lapsed by only two months.
They still had no warrant , but left and an hour later came back with a warrant.
I went to the jail, for nine days before making bail.
I went to court and found out that no defense was being offered to me by the public defenders office.
The pre trial had the cops changing their story on the stand, speaking different than what the police report stated.
I was just taken back by the lack of justice. I then asked for a hearing to throw out the charges due to the unlawful search and seizer.
That Judge ruled against me , the police change the story from the written report, it states that the police peeked thru a closed window blind on the side of my residence. But on the stand the cop said he didn’t look thru the closed window but he said on the stand that when I opened the door and stepped out and closed the door, he was able to see the grow.
No way the bedroom door was closed as was the closet doors.
Police photos are clear proof to my defense , as is their own report.
No defense for me from the public pretender, he ignored my request to bring the differences in testimony to the Judge
The judge said a cop is making a search if he peeks thru windows, but since he said the front was where the cop saw the plants, then that is in a common area, therefore legal.
I could have screamed, the injustice of no defense. The guy who was appointed to speak up for my rights, was as silent as a lamb.
Then we are given another court date for a trial readiness.
Joshua M deputy public defender, was at his usual lazy work day, The words he spoke were clear and straightforward, He anounced ready for trial. I was in shock, he never offered a real defense stradigy , he told me my best bet would be to go into jury trial with a straight up lie as a defense, he thought that if I tell the jury that I just forgot to renew my recommendation , a oversite on my part.
He was trying to get me to lie, on the stand. I knew the recommendation had lapsed, that was the first thing out of my mouth to the Police on the evening of my arrest.
I emailed Joshua case law ,, ie people vs. Windus, the California appellate court ruled that a doctors recommendation doesn’t expire, even if the doctor writes in a date.
He said I have a condition called “reading what I want to hear”
I asked him about witnesses that we needed to bring to court, and he laughed at me, he was not going to call any doctors, or legal experts that could verify my health conditions, as a boni fide patient under the compassionate use act of 1996.
I saw the writing on the wall, so I informed the senior p.d.
He was the person that complaints were handle by. He advised me to ask the judge for a Marsden hearing , to replace council.
I had been going to court on this since January 2011 , back and forth, over and over, we had always our court dates scheduled on
Tuesdays, and for some reason this next day was scheduled for a Monday.
I honestly didn’t mean to FTA but instead of showing up on the Monday , I was there Tuesday morning , I sat in the courtroom thinking all is well, when the baliff alerted me to my mistake. He was nice and told me to go downstairs to the criminal window, place myself on calendar and then went to my bail bondsman for the re-assest of bonds. I returned to court on the day set by the clerks office. Thursday.
When my case was called that morning , my freedom was gone. The judge remanded me to custody, and even though I had my paper work from the bondsman, and it was late in the month of September, I had been in court as ordered since January. The judge didn’t show me any love, he jacked my bail up to 75 thousand dollars and he called me a flight risk. I am a resident who owns a business, single father , I have lived in the area since 1989, the only things on my record are traffic offenses and alcohol in public.
So now my status is a defendant in custody, I get the orange clothes and chains for my waist, wrists , and ankles.
They march me back up to court to continue my case. I now asked the judge for a marsden hearing, which I was sent to another judge to hear the motion. He denied my request for a change in defenders.
Then I said I would just go PRO-PER, I would defend myself without council.
I was then taken back to the original judge to ask for him to grant my pro-per status, he didn’t like that at all, he was put off by my decision.
After him drilling me on the down side to my request and after the can I read and write English, and all the other crap required to be asked, I was now propia persona.
The jail computer didn’t show me as pro - per and my legal paper work was in the storage unit of the jail, so I was not being afforded my rights under the law, I filed a formal grievance and that got me my paper work.
A couple of weeks passed and still my status was not on as pro per.
I waited until my next court date and brought it up to the judge, he ordered the record to reflect my status, but weeks went by without a change .
Again I ask him to help me on my next court visit, and again no changes at the jail. Finally I filed another formal grievance and that got it fixed.
With a week or so until jury trial.
I had requested funds to pay a legal runner to help me build a defense to my case, as a pro per defendant in custody I should have been allowed certain things under the law, to assist me, but the judge ignored my motion.
The list goes on , I filed motions to dismiss, unlawful detention, motions to hear my status as a boni fide patient under the compationate use act of 1996. Never did they uphold the law , they stopped me in my tracks.
I was now in trouble with the shot caller of my housing unit, we were all cool for a month and a half , but I started to change my attitude and they didn’t like that, but my legal issues were driving me crazy and my patients were thin, so in response to my speaking up for myself about some of the new rules that were being handed out in my unit, I got 13 seconds of two on one. No big deal really , except for the cracked ribs, I was no longer able to lay down on my bunk, the pain was day and night, my problems were just beginning, they made it clear that another 13 seconds are around the corner.
I went to the nurse and asked for something to ease the pain, I just told her that I fell off the top bunk, later the next day the guards pulled me out to the hall way and asked me to remove my shirt, so I did and they noticed the fist sized bruises and they asked me what happened , I said nothing.
I was taken by van to the hospital in the next city, they did x-rays and sent me back to my unit to deal with the fact that I went to the hospital.
I wasn’t scared , but I was very hurt, and didn’t think I could stand another go . I was going to court in the morning and I knew that I had to give in to the pressure and I signed a guilty plea.
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beenthere and his defense of felony cultivation, me against the wall
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