Medical Marijuana - Eugene Davidovich 12/18 by SDCommunityCoalition | Blog Talk Radio

http://www.blogtalkradio.com/sdcommunitycoalition/2011/12/18/medical-marijuana--eugene-davidovich#.Tu6CbzOm3X4.gmail

Eugene Davidovich

Safe Access Railroaded by DA Dumanis in San Diego

Further evidence of a judicial system out of control. Walter --- On Wed, 9/29/10, Eugene Davidovich <eugene.davidovich@gmail.com> wrote: From: Eugene Davidovich <eugene.davidovich@gmail.com> Subject: Safe Access Railroaded by DA Dumanis in San Diego To: wdavis@walterdavisenterprises.com Date: Wednesday, September 29, 2010, 4:10 PM Safe Access Railroaded by DA Dumanis in San Diego By: Eugene Davidovich, September 29, 2010 SAN DIEGO – On Tuesday, September 28, 2010 in the second medical marijuana trial of Jovan Jackson, San Diego District Attorney (DA) Bonnie Dumanis, through her Deputy DA Chris Lindberg, was successful in manipulating the law as it is written to the point where all jurors in the Jackson case had no choice but to return a guilty verdict. At 2pm on Tuesday, San Diego Americans for Safe Access received word from Lance Rogers, Jackson's defense attorney that the jury had reached a decision. The word was quickly spread throughout the community and within minutes, Jackson's supporters were in court ready to stand by him. The courtroom quickly filled up with supporters, the media and at least ten representatives from the DA's office, including Paul Levikow the DA's public relations head. At least twelve bailiffs were also dispatched to the courtroom and spread throughout in a show of force and intimidation at the supporters, and to make sure when the verdict was read there would be no emotional outbursts of any kind. At 3:30pm, all the Jurors were seated and the court called to order. The clerk was handed a stack of papers by the Judge and asked to read the verdict. "In the case of People v. Jovan Jackson, we find the defendant, Guilty," the court's clerk stated with no emotion. As those words were uttered, the silence in the room was deafening and the two minutes that the clerk took to read all the forms, seemed to last a lifetime. Even the DA's gathered in the room were speechless and sitting with jaws dropped, not knowing how to react.   The clerk proceeded to read the verdicts reached and as the word 'guilty' was repeated in each count tears could be seen in the eyes of the majority of the people gathered in the courtroom. Several people became so overwhelmed with emotion that they had to excuse themselves. Even several of the jurors could be seen wiping tears away as the verdict was being read. The Deputy DA's gathered to watch this injustice all sat quietly trying hard to conceal their joy and excitement at the decision. Mr. Levikow however, could not resist. He turned around in his seat with delight each time the word 'guilty' was uttered by the clerk and each time gave a smirk and a long and demeaning stare at the supporters. After the verdict was read, Judge Shore told the jurors that their work had been completed and that they could now be excused. Before the jurors left however, Judge Shore added that the attorneys in the case had a few questions for them and asked them to stick around and a give a post verdict interview if they wished. The interview was conducted outside of the presence of the public with just about all of the jurors staying behind to talk to the attorneys. Following the post verdict interview, the public found out that the jurors unanimously said "we wanted to find a way to let Jackson go, but could not". The jurors explained that the jury instructions they were given, contained no defense for possession for sale or sales; the very portion that was redacted away by the prosecutor and Judge Shore. Aside from looking for a way to find Jackson not guilty, the jurors all said that although they did not agree with the law as it was given to them, that they still had to respect it, as Judge Shore ordered them to only consider the law that was written in the Jury Instructions. So who convicted Jackson, a jury of twelve peers, Judge Howard Shore, or Bonnie Dumanis herself? "In retrospect, after hearing the jury wanted to acquit him in this case, if one were to consider Dumanis' long history of erroneous convictions, and how much courthouse bullying Jovan's jury and supporters felt during this trial, it's very possible Judge Shore himself was in real fear of being the fifth judge to be boycotted by DA Dumanis had he not played along with all the prosecutors motions and ignored established state law" said Marcus Boyd of San Diego chapter of Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group. "It's hard to believe a Superior Court Judge would overtly railroad a defendant in such a way without genuine fear. Jovan's last judge, Judge Bashaunt, was sitting on her last Superior Court case and had nothing to fear from DA Dumanis, therefore Jovan was quickly and correctly acquitted of all marijuana charges". After the jury interviews were completed, the public was let back into the courtroom for a sentencing discussion. As the judge took the bench and began to talk about sentencing, everyone in the courtroom was expecting the worse, that Jackson would be remanded into custody right then and there. Fortunately, and to the surprise of the prosecution, Judge Shore realized that Jackson had not missed a single court date and had every intention of coming to court for sentencing. In light of this, Jackson was allowed to stay out on his current bail pending the actually sentencing date of October 27, 2010, 9am when Judge Shore will impose a sentence. Jackson along with his supporters walked out of the courtroom to face a flurry of reporters asking him for a statement. Mr. Jackson agreed to speak with the media, and proceeded to give a very touching, heartfelt speech. Jackson thanked his friends, family, supporters, and Americans for Safe Access in their assistance and support in the case. He went on to talk about how important it is to stand up to the unjust ways of the San Diego District Attorney. Jackson expressed his disappointment at the verdict and vowed that he would continue to fight for his rights and appeal this case to a higher court. He also said he felt "pity and anger" for the prosecution pursuing criminal charges against medical marijuana defendants and continuing to harass legitimate medical marijuana providers and patients in San Diego. "By refusing him a defense, the District Attorney and the court has railroaded Jackson and ensured his conviction," said ASA Chief Counsel Joe Elford, who submitted the amicus 'friend of the court' brief in support of Jackson prior to his trial. "Jackson was denied a fair trial," Elford continued. "His conviction and the basis on which the court relied in refusing him a defense -- that sales are illegal under state law -- should absolutely be appealed." Has the DA now found a roadmap to conviction for all dispensaries? Many argue that as a result of this verdict, Dumanis has now discovered a road map to follow in convicting all medical marijuana dispensaries in San Diego. Under her "new and skewed" interpretation of the law, the only way patients qualify for a medical marijuana defense in state court is if they all with sleeves rolled up, plow the fields and grow the actual medicine that they are being dispensed. This results in a true absurdity and surely was not the intent of the voters when they passed Proposition 215. Now, in order to avoid the possibility of criminal prosecution, wheelchair bound, sick, and disabled patients all will have to find a way to plow the fields together and cannot simply contribute financially to the effort by coming in and purchasing a small amount at their local dispensary. This skewed and incorrect interpretation will not stand for long. The community is cautiously optimistic that the court of appeals will quickly take this case on and see to it that Judge Shore's error in this case is reversed, and that true justice is served once and for all. Further Information: ASA Press Release about Jackson Verdict: http://www.safeaccessnow.org/article.php?id=6128 San Diego grand jury recommendations on medical marijuana: http://www.sdcounty.ca.gov/grandjury/reports/2009-2010/MedicalMarijuanaReport.pdf Amicus brief filed by ASA in support of Jovan Jackson: http://AmericansForSafeAccess.org/downloads/Amicus_Jackson_Trial.pdf This message was sent from Eugene Davidovich to wdavis@walterdavisenterprises.com. It was sent from: Eugene Davidovich, PO BOX 900303, San Diego , CA 92190. You can modify/update your subscription via the link below. Email Marketing by Manage your subscription

Davidovich: My Medical Marijuana Case Continues Post-Trial

From: Eugene Davidovich <eugene.davidovich@gmail.com> Subject: Davidovich: My Medical Marijuana Case Continues Post-Trial To: wdavis@walterdavisenterprises.com Date: Friday, April 9, 2010, 4:49 PM Davidovich: My Medical Marijuana Case Continues Post-Trial SDNN - 4/9/2010 In a resounding defeat of San Diego District Attorney Bonnie Dumanis, a jury of 12 on March 25 found me not guilty on all counts, after less than four hours of deliberation. The jurors unanimously determined that I acted lawfully and in accordance with state law when it came to all the charges against me; sales, possession, transportation and possession of concentrated cannabis. They also had a thing or two to say about the D.A.'s investigation and prosecution in this case. After the verdict was read, two jurors met me outside the courtroom and said, "Eugene, we all believed in you, you are a good man." Days after the trial, I received an e-mail from another juror in my case, a part of which reads, "This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn't prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare." Read The FULL ARTICLE on SDNN Eugene Davidovich www.eugenedavidovich.com T: 619-621-8446 E: eugene.davidovich@gmail.com This message was sent from Eugene Davidovich to wdavis@walterdavisenterprises.com. It was sent from: Eugene Davidovich, PO BOX 900303, San Diego , CA 92190. You can modify/update your subscription via the link below. Email Marketing by Manage your subscription

Eugene Davidovich - Not Guilty!

http://www.youtube.com/watch?v=W0bLuOd76Eo District Attorney Loses Operation Green RX case against Eugene Davidovich.

April Left Hook - Eugene Davidovich Acquitted: Wasteful and Mean Policies of the Right

Left Hook By Walter Davis   1 April 2010   Eugene Davidovich Acquitted: Wasteful and Mean Policies of the Right   Eugene Davidovich was acquitted last month of all charges along with most of the other citizens arrested in Operation Green RX. As reported, only one citizen, Donna Lambert remains within the clutches of the District Attorney. Operation Green RX was a misguided arrest sweep of people authorized to use medical marijuana. It has now become a national embarrassment to our local government.   With schools closing and teachers being laid off due to budget constraints, it is amazing that money is being wasted on prosecuting law abiding citizens. Eugene Davidovich has lost his job and filed bankruptcy due to the malicious actions of our District Attorney. One can observe similar actions in the Jovan Jackson case. On a national level, billions of dollars are being spent on this war on drugs that simply is not working. It is warfare on the American people and the American family.   Conservative thinking appears to justify incarceration and warfare as the most viable solutions to problems.   Conservative thinking supports locking people up, not giving them treatment, job training and hope to assuage poverty. The cost of such programs would be less than the incarceration programs and be much more productive for our society.   Conservative thinking opposes the development of symbiotic energy systems such as solar, wind, geothermal and wave and supports more oil well drilling.   Conservative thinking opposes peace and supports more warfare to wrest away the natural resources of others instead of modernizing our own energy infrastructure. Spend billions on war then say there is no money for supporting our society.   The opposition to universal health care is another indication of wasteful and mean policies that would allow millions of American citizens to go without medical care. Save the embryos from death in abortions but let children go hungry and without hope?   With the health care debate won, higher order thinking people are making the antiquated conservative thinking a thing of the past. Damaging winds are approaching the conservatives. The divisive Tea Party maniacs are fielding their own candidates against Republicans which is better than Ross Perot's affect on 1990's elections for the Democrats. Donor wells are drying up due to Michael Steele's Bondage-gate. As the populace becomes more educated about the fallacy of conservative thinking, we are seeing a rebirth of intellectualism and abandonment of policies that generate war and Eugene Davidoviches, Jovan Jacksons and Donna Lamberts.

Eugene Davidovich - Not Guilty

Court Support Requested – THURSDAY 3/11/2010 - 10am

--- On Wed, 3/10/10, Eugene Davidovich <eugene.davidovich@gmail.com> wrote: From: Eugene Davidovich <eugene.davidovich@gmail.com> Subject: Court Support Requested – THURSDAY 3/11/2010 - 10am To: wdavis@walterdavisenterprises.com Date: Wednesday, March 10, 2010, 10:01 PM Court Support Requested – THURSDAY 3/11/2010 - 10am Department 55 - 220 W Broadway San Diego CA 92101 Today, Wednesday March 10, 2010 all in limine motions were completed and a jury was selected in the medical marijuana trial of People v Davidovich. On Thursday opening statement will begin from both the prosecution and the defense. This will be the first day in front of the jury and a critical day for supporters to be in court. If you are able to make it to court tomorrow (Thursday 10am), your presence would be both helpful and very much appreciated. The jury should see that this issue affects all of us. On Tuesday as well as today Bahar Ansari my attorney argued and defended all the motions in limine filed by the prosecution as well as presented the motions in limine from the defense. If it weren't for her efforts, superb knowledge of the law, and well formulated arguments, I would have been in a very bad position. The prosecution came in with 9 (nine) motions in limine all with a clear intent to undermine my defense and chance for a fair trial: Below is a brief description of the motions the DA filed, as well as a summary of how that motion was ruled on by the Judge. 1. Jury Instructions – (an interpretation of the medical marijuana law presented to the jury) The instructions that the prosecutor filed were a very narrow interpretation of the law, and essentially professed that unless all members are cultivating together, that no other means of association to cultivate was legal. We were able to finally clarify, correct, and agree on a jury instructions this morning shortly prior to starting jury selection. The final instruction is a more accurate depiction of the law which includes a description of what a collective is. The most disturbing part of this was that even though the San Diego DA has posted on their website the AG Guidelines and is urging people to follow them, they proclaimed to the surprise of everyone including the judge in court today during these arguments that "AG Guidelines are not law, and we can never see a case when we would want them to apply". 2. Medical Defense The prosecution fought vehemently for hours to have my medical defense excluded and to not allow us to mention anything with regards to medical marijuana laws to the jury. Exactly at 4:20pm it was decided by the Judge that there is evidence of an affirmative defense and that we would be allowed to discuss medical marijuana in front of the jury during jury selection as well as at all other times. 3. Recommendations of Potential Witnesses Although the prosecution claimed recommendations written on paper and signed by the doctor were hearsay, they filed a motion to require all potential witnesses claiming to be medical marijuana patients to subpoena the written recommendations from their doctors. We had no objection to this. 4. Exclude testimony of Chris Conrad Expert Witness The prosecution filed to excluded the testimony of Chris Conrad a well known medical cannabis dosages and yields expert who has testified in hundreds of cases. The after hearing relentless arguments from the DA, the judge denied their motion and will allow Mr. Conrad's testimony. 5. Members List should be excluded The DA moved to exclude the mention of the list of members of the collective to the jury. This request was also denied by the judge. 6. Character Witnesses Again the DA argued to exclude the two character witnesses from testifying at my trial. These two individuals have known me for over fifteen years and are prepared and willing to testify about their opinions of my character. The DA argued that their testimony would create an unnecessary burden on the courts time. The judge denied this request and will allow both my character witnesses to testify. 7. Surveillance Video A request was made by the DA to show the jury the undercover video of the delivery of medicine to Jamie Conlan (Detective Scott Henderson) who was posing as a legitimate patient. We did not object and were ourselves requesting the video be shown, as it clearly shows me verifying his doctor's recommendation and drivers license. 8. Exclusion of Navy Background Without hesitation the judge denied this request. I will be allowed to discuss my navy background. 9. Photos of Cultivation Excluded The Prosecution attempted to exclude pictures of the collective cultivation effort from being shown to the jury. Again the judge quickly denied this request and the jury will be allowed to see ALL the evidence. At 10:30 this morning forty eight people were brought into Department 55. Michael McCabe my defense attorney invited his friend Charles Roger Khoury Jr. a very experienced and respected attorney to assist with the jury selection process. I must say, it was a very good feeling to have three attorneys representing me in court today all out of the goodness of their heart and for their passionate belief in justice. Jury selection began with a huge surprise for all of us. We saw the direct result from the efforts of all the medical marijuana advocacy and activism in San Diego pay off, when at least a dozen potential jurors openly voiced their concerns about the current marijuana laws in court for the entire jury pool to hear. One potential juror went as far as to talk about the current situation in San Diego with the lack of clarity in the law and the zoning issues collectives are having. She as well as most of the others who raised concerns were unfortunately dismissed by the prosecution but not before the rest of the jurors were educated. At the end of the day, the forty eight jurors were narrowed down a panel of twelve jurors and two alternates. On Thursday opening statements begin, as well as the testimony of the Narcotics Task Force detective Scott Henderson who stars in the surveillance video provided by the DA: http://www.youtube.com/watch?v=dzYMHgGO_84 Come see Mr. Henderson talk about why how he lied to the doctor to obtain his recommendation and then used it to infiltrate local collectives. For more information about my case visit www.eugenedavidovich.com? This message was sent from Eugene Davidovich to wdavis@walterdavisenterprises.com. It was sent from: Eugene Davidovich, PO BOX 900303, San Diego , CA 92190. You can modify/update your subscription via the link below. Email Marketing by Manage your subscription

Jovan Jackson, Victim of Collateral Estoppel & Discriminatory Prosecution

Jovan Jackson, Victim of Collateral Estoppel & Discriminatory Prosecution By: Eugene Davidovich   Jovan Jackson of Answerdam Collective is a medical cannabis patient, navy veteran, and victim of two Operation Green Rx raids, part of District Attorney (DA) Bonnie Dumanis' effort to overturn Proposition 215 and eradicate safe access to medical cannabis in San Diego. The first raid on Answerdam occurred in August of 2008, the second on September 9, 2009, the same day that over a dozen other collectives were raided in San Diego. In December of 2009, Mr. Jackson was tried on charges related to the August, 2008 raid, and the issue went in front of a jury. All five medical marijuana counts were unanimously tossed out by the jurors. Charges related to the 9/9/9 raid however, have not yet been litigated. Most in San Diego, as well as around the state that followed Jackson's trial were certain the DA would not continue with the prosecution. Dumanis' office however, maintains they intend to proceed with their full prosecutorial might.   Much like the first trial, Jackson intends to fight vehemently against these charges and on February 8th 2009 at his preliminary hearing for the second trial, Lance Rogers Attorney for Jackson, will argue a motion to dismiss the case based on prosecutorial discrimination; otherwise known as a Murgia Motion.  The defense is claiming that Jackson has been deliberately singled out for prosecution on the basis of his race.  Jackson argues that the Cross Jurisdictional Narcotics Task Force (NTF) has been investigating Mr. Jackson for two years and as the motion describes, "at least ten (10) non-black suspects actively involved in the possession, sales, distribution, and transportation of marijuana" were also investigated, yet no charges were brought forward nor any other suspects prosecuted. The motion goes on to read "When Answerdam was raided in 2008 and 2009, non-black individuals were detained at the scene. However, only the black members were arrested and prosecuted. Law enforcement obtained detailed registries listing all 1,649 members of Answerdam. The only persons charged by the DA's office are black males". The defense argues that in addition to the prosecutorial discrimination, the DA's office investigations and prosecutions of medical marijuana patients are discriminatory by design. Whereas over a dozen other medical marijuana collectives were raided on 9/9/9, of those arrested, only two individuals have been prosecuted in State Court. The motion reads "The District Attorney's Office has offered no explanation as to why these two black men are the only persons currently being prosecuted". Will the judge find racism and discrimination in the DA's office / NTF? On the 11th of February at another hearing, Jackson's attorney will argue Colleteral Estoppel; also known as 'Double Jeopardy'. That day, the court will be asked to consider that a "later prosecution will necessarily entail a grossly absurd and unjust result", as Mr. Jackson has already been vindicated of all charges related to operating a legal medical marijuana collective. Finally, on the 19th of February, Mr. Jackson will go to court for the third time this month to argue a Return of Property Motion. The defense will request the judge to order the return of all property stolen from Answerdam Collective by the NTF at during the August, 2008 raid. Many thousands of concerned citizens in San Diego are hoping the Judge will see through the vindictive prosecutorial discrimination as well as the collateral estoppels brought on Mr. Jackson and dismiss the second case against him, as well as return the stolen property. It is an outrage that Mr. Jackson faces a second trial while some white victims of the September 9th 2009 raids are receiving orders from judges to get their stolen property back. I caught up with Mr. Jackson a couple weeks ago at Answerdam Collective where he said "DA Dumanis and her team of lawyers and narcotics officers seem to be dedicated to overturning state law, but I will fight as long as it takes for both mine and Answerdam Collective member's rights". Thousands of dollars are being spent on vindictive, prejudicial prosecutions, that are politically motivated. Will Bonnie Dumanis learn to respect state law, or will the jury have to convince her multiple times that the prosecutions need to end? The community is grateful to Anserdam Collective for helping to provide safe access to medical marijuana in San Diego, as well as to Mr. Jackson for standing up for our rights. www.safeaccesssd.org This message was sent from Eugene Davidovich to wdavis@walterdavisenterprises.com. It was sent from: Eugene Davidovich, PO BOX 900303, San Diego , CA 92190. You can modify/update your subscription via the link below. Email Marketing by Manage your subscription

*******Action Alert*****SUPPORT Eugene Davidovich Before His Trial*****PLEASE FORWARD THIS EMAIL TO ALL ACTIVISTS AND CONCERNED CITIZENS

Eugene Davidovich is facing a trial in January and he has been unjustly charged by local law enforcement.

Although authorized to use and distribute Medical Marijuana, he has been arrested, lost his job and is currently a victim of Operation Green RX.

For more information, see my column in East County Magazine here
http://www.eastcountymagazine.org/node/2299

His story is told below in video; Part one of two in a series. Part two will be out shortly.

This story has appeared on my television show, Progress in San Diego and it will be reairing in the near future.

Included are direct links to the video, links to our video blog to post comments and html code to be used in other blogs and websites.

PLEASE SUPPORT EUGENE AND ENCOURAGE YOUR CONSTITUENTS TO DO SO AS WELL.

REQUEST YOU FORWARD THIS VIDEO TO ALL IN YOUR ADDRESS BOOK.

---

Direct Link to Blip-TV VIDEO File
http://blip.tv/file/3028741

Video Blog Link
http://sdmegacoalition.blogspot.com/2009/12/progress-in-san-diego-tv-show-americans.html

---

HTML Code to be embedded into websites

<embed src="http://blip.tv/play/AYG6iDMA" type="application/x-shockwave-flash" width="640" height="510" allowscriptaccess="always" allowfullscreen="true"></embed>

---

Walter Davis
760-917-1251
Even if you are on the right track, you will be run over if you just stand there.

Progress In San Diego TV Show Americans For Safe Access Part 1

Click to Play

Eugene Davidovich and Teri Best discuss Medical Marijuana issues in San Diego County. Eugene has been arrested and is going on trial for using medical marijuana and accuses the local district attorney of attempting to rack up political points by arresting law abiding citizens.

Medical Marijuana: Does San Diego Have a Sheriff Arpaio?

Left Hook
By Walter Davis

Medical Marijuana: Does
San Diego Have a Sheriff Arpaio?

Eugene Davidovich is a Navy veteran. His service connected health issues resulted in his doctor authorizing medical marijuana. Now, he faces four felony charges and the possibility of a long jail sentence.

According to Americans for Safe Access San Diego, the local District Attorney is aggressively pursuing users of Medical Marijuana in San Diego. Aggressive arrest tactics are reportedly in place despite state laws that make medical marijuana use legal and the recent federal guidelines that indicate federal authorities will not be pursuing charges against medical marijuana users in states where such use is legal.

Marijuana is effective for conditions including glaucoma, cancer, aids, migraine headaches, and people suffering pain from extensive burns. Victims of the recent fires in the county have been authorized by doctors to use medical marijuana.

According to the Drug Policy Alliance and Esquire.com, every 17 seconds someone is arrested on a drug violation and every 38 seconds someone is arrested for a cannabis violation in this country. Felony charges result in a life time of punishment for previously convicted people. They have challenges getting employment even after they stop using and are frequently left with no choice but to return to crime. They are punished over and over again and often cannot qualify for public assistance.

Insurance companies often do not cover addiction treatment; prevention programs are scarce. American tax payers get an annual bill for more than 52 billion dollars, for the war against drugs. With schools closing, Americans lacking health care and San Diego needing fire protection equipment, is this a logical use of resources? Further, the flow of drugs is not being stemmed. 15,000 people lose their lives each year in the current drug war. The number of lives being claimed in Chicago and New Orleans alone exceeds the number of lives lost in the wars in Iraq and Afghanistan annually.

President Nixon classified marijuana a schedule 1 drug in the 1970’s. In 1986, President Reagan set the minimum sentencing guidelines. This revoked discretion among local judges forcing them to hand down long prison sentences to drug offenders. Prisoners get drugs in prison easily and treatment is not a viable option; this appears to be a barbaric method of managing this problem with no sign of abatement.

There has been an 80% increase in the prison population since 1986. The average sentence in prison is 56.8 months. The average sentence for violent crimes is 63 months. The average sentence for drug offenses is 76 months.

In the 1960’s Bull Conner ignored federal authorities who ordered him to cease targeting African Americans. Sheriff Arpaio is targeting Latinos in Arizona despite federal guidelines opposed to his actions. Voter’s wishes, civil and human rights are being violated in 2009 in San Diego for political gain. Should valuable tax dollars and police services be expended to go after medical marijuana users consuming legally?