beenthere and his defense of felony cultivation, me against the wall

  1. beentheredonethatagain
    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.

    Share This Article


  1. Mindless
    What a nightmare. An indifferent "defender", lying cops, no regard for proper practice or proceedure, no regard for law or your legal rights, sod all compassion.

    You were both sensible and strong in buttoning your lip about two on one. It doesn't look like you had any realistic choice over the guilty plea, unless you are a secret millionaire.

    Maybe "I don't wanna live in America" (I mean no offense to our American members). Glad to see you kept a cool head.
  2. mersann
    I can only agree with Mindless. Especially with regard to "I don't wanna live in America". Europe's pretty fucked up, but the US are even more crazy, not to mention large parts of Africa.

    Okay, it may seem far-fetched to draw global political inferences from such a blog post, but every time I read something like this I wonder: If this is possible in a wealthy and relatively (compared to many countries in Asia and Africa) liberal country and the situation is worsening in such countries, then what hope do we have? Not only with regard to drugs, but basic rights in general...
  3. Euthanatos93420
    What purpose does all this bullshit serve?

    Cartels don't like competition.

    I think I'm going to be sick.

    In the work of the late and great G. Carlin "It's the American Dream because you have to be asleep to believe it."

    ...and Machiavelli's corpse starts gaining enough torque to be considered a viable source of alternative energy.

    Would you mind if I linked to this post from my sig with that? Doubting (and hoping against hope for a miracle for you and the salvation of civilization as we know it) your availability to respond I'm going to assume you'd appreciate the referendum.
  4. C.D.rose
    I'll probably get a lot of heat from everybody here, and maybe my comment will be somewhat personal, but if BTDTA puts this story on a public board, I think it's fair game to criticize it.

    So, let me get this straight: you are living with an 11yr old son and you grow cannabis in a country where federal law clearly says that cultivation of cannabis is illegal... and you let your physician's recommendation expire!? Growing cannabis in any state of the USA, including in California, is a highly precarious situation because of the legal limbo in which you find yourself between federal law and state law. Basically, the only institutional friend you have in that situation is state law - and you let the conditions under which you are protected by state law expire!? I'm sorry, I'll be blunt here, but that cannot be described as anything other than first-grade stupidity.

    I'm not arguing here that the law, as it is, is a just law. But that's not the point. It's the law in California today, and whether you like it or not, it applies to you as a resident of that state. The most basic rule for a grower in California has to be to comply 100% with state law, because it is the only thing that's standing between you and federal police/DEA. Not doing that is basically asking for trouble.

    And this is even more true for you as a father who has responsibilities via-à-vis his son. This experience is certainly everything but beneficial for his development and for his image of you as a father. In that sense, not renewing the recommendation was not only stupid but also highly egoistic.

    I know I'm harsh here, but that's simply my opinion: your behavior was highly irresponsable. That is the actual story here. I think you have a whole bunch of questions you need to ask yourself. If I were you, that's what I'd take away from this.
  5. mersann
    C.D.rose, I agree with your opinion about the law's applying to everyone without difference, and if beentheredonethat that had lost a fair process and had received a sentence in accordance with the law, okay. No complaint about that. I think, unlike many other people, we have very similar opinions about that.

    I can't prove that beentheredonethat is lying and I don't know what purpose that would serve him, except some pity around this forum, so for now I am going to assume that he is saying the truth. I don't know much about US laws, but I assumed that walking into someone's home without a warrant is about as serious as it is in Germany over there, and a public defender not defending someone is something that can cause a serious problem as well -- while I'm not denying that of course someone receiving a better wage may do a better job (and this may perhaps not constitute injustice after all, this is a discussion on its own).

    I terribly hate it when official institutions are stepping over what they are allowed to do, since they are the ultimate authorities, and should doubly and triply check what they are doing there.

    -- If someone is treated fairly, within the bounds of law, I'd file no complaint, but it is not unheard of, that the police or whoever, just ignore their limits.


    Also, I hope, you didn't feel this to be a lot of heat :D

    Just speaking for me, I prefer sensible discussion, after all, as long as it serious ;)
  6. C.D.rose
    Ok, I guess one could make the point that a series of decisions, all of them highly irresponsible, created a situation in which law enforcement could possibly abuse their power so that BTDTA ends up in the situation he's facing now. (And I'm saying 'possibly' not to imply he is lying, but just because I don't have the other side of the story to make a judgment on.) If they did abuse their power, that is clearly a shame, but this whole thing would have had no chance of happening if his legal situation had been in order.

    What frustrates me here, beyond the completely unnecessary human "damages" that result from this, is that stories like these actually lend themselves better to argue for drug prohibition than against it. Irresponsible drug use is one of the biggest obstacles on the way to better drug legislation. One can say that that is unjust, but it's the way it is.

    P.S.: I think the words 'doubly' and 'triply' don't exist ;)...
  7. beentheredonethatagain
    dude i can"t disagree more, People vs Windus , Cal app 2nd court , finds no wrong doing for a boni fid patient of the campassion use act of 1996, the courts clearly state that even if a recomendation has an expriation date on , it is still valid. again
    People V windus.
  8. Euthanatos93420
    Seriously? Warrantless searches don't bother you? I'll go so far that the rest of what you put forth is fair enough. It is rather a catch22. A sort of social insanity. How is this really much different at all from burning witches and so forth.

    Of they didn't burn him alive but what's the difference when the strip you everything in your life? And WHY?
  9. C.D.rose
    Oh they do, but that's not really the point here. The point is that this whole ordeal on him and - and I cannot say that often enough - his son could and should have been prevented by not letting the recommendation expire.

    So, you were willing to put your son and yourself at the risk of prosecution because of some precedent that may apply the way you think it does. Law is not an easy matter. Why even take the chance to be dragged into court? This doesn't look to me as anything other than laziness.
  10. beentheredonethatagain
    It was more like "poverty". not having the extra money to buy a yearly recommendation when food and rent was more of a priority.

    knowing that the law states I was exempt from prosecution
To make a comment simply sign up and become a member!