Doc Knapp, Spokesperson
Sonoma Alliance for Medical Marijuana
From: Ken Norton [email protected]
Please support Keith Alden, who is a valid California medical marijuana
patient, by showing up at his court hearing regarding charges on cultivation
from his arrest on July 30, 2002. Keith has been in jail since his arrest.
He would appreciate seeing familiar and supportive faces in the courtroom,
especially patients. Federal Government testimony was heard Wednesday.
Come witness the final day of testimony and argument on Friday Nov.
8,2002 from 8:30 am to about 1:30 pm at the Federal Building, 19th Floor,
Courtroom 11 at 450 Golden Gate Ave.(at Larkin) in San Francisco. Judge Martin J. Jenkins estimates the jury will go into deliberations on Friday at noon.
Keith Alden, a Vietnam Veteran and valid medical marijuana patient and
grower pursuant to California state law, The Compassionate Use Act of
1996,has been defending himself against felony charges for cultivation of
marijuana in Federal District Court in San Francisco this week. If
convicted by the jury for allegedly growing over 1000 plants, Keith
faces a mandatory minimum punishment of 20 years to life imprisonment with
$8,000,000 fine. Barry Portman, Federal Public Defender is providing
legal counsel.On Wednesday the first testimonies of witnesses called by the US Government
Assistant US Attorney George Bevan were presented. Four California law
enforcement officers testified against Keith. Their testimonies indicated
that these officers, who have taken an oath to support and defend the state
Constitution, chose to ignore California law, call in the federal Drug
Enforcement Administration (DEA) and cooperate with them. Keith
cross-examined these California officers on why they chose to look for
marijuana on his property when they were called to respond to an emergency
911 call during a violent crime in progress by a KIDNAP victim who was held
at knife point and threatened to be shot by armed intruders. The armed
kidnappers got away in spite of California sheriff deputies being given
the car license number and a description by the victim, who managed to escape.
To this day there has been no resolution to this case.
The California Supreme Court had already on July 18, 2002 ruled in
People v Mower, that Marijuana was to be treated like any other prescription drug.
Yet, 12 days later these state law enforcement officers treated Keith
like a criminal on discovering marijuana at the 911 crime scene.
During the testimony of four California law enforcement officers and two
federal DEA special agents, it was revealed that not one ever took
notes of interviews on the scene or admitted to having recording devices. No
fingerprints were taken. Instead, the focus of these California police
officers was to question Keith on suspicion of victimless activity
protected under state law.
Keith is holding to his defense that the Feds lack jurisdiction, since
there is only FDA regulations implementing the statutes he is charged with
violating - and none of these apply to him, since he did not sign up
for the benefits of the FDA. He is also arguing a much lower plant count.
Judge Martin J. Jenkins watched like a hawk that NO medical mention is
allowed before the jurors, no mention of our state law, and no mention
of the punishment Keith is facing. The DEA agent let it slip out that one
evidence bag contained a physician's recommendation for marijuana, so
Keith was able to cross-exam the special agent on this medical slip. It is
hoped the jurors were attentive.
AUSA George Bevan called the following witnesses for the US Government in
the order listed (note the spellings of names has been corrected since
the report of Monday�s proceedings): Jeff Dedischew, Sonoma County Sheriff Deputy, patrol officer, responding
to 911 call by victim of kidnapping and armed robbery; he calls Narcotic
taskforce Steve Gossett, Sonoma County Sheriff Deputy, member of Sonoma County
Narcotics Taskforce since 1997; Lead investigator in county marijuana cases.He called DEA. Roger Leftwich, City of Santa Rosa Police detective, member of
Sonoma County Narcotic Taskforce since 1998;
Seth McMullen, DEA Special Agent;Jim Ryan, Sonoma County Sheriff Deputy, member of Sonoma County Narcotics Taskforce; Mark Macanga, DEA Special Agent.
The Government will call a 7th witness, Lionel Tunker, (spelling?)senior
DEA Forensic specialist, to testify Friday morning first thing.The
witnesses for the Defense will then testify, followed by closing arguments.
Ken Norton, observer.Contact: [email protected]
