“No legal basis for law enforcement to hold the property”
By: Eugene Davidovich, February 18, 2010
“During the investigation of Answerdam, law enforcement confiscated computers, business records, and several pounds of medical marijuana. […] Mr. Jackson was acquitted by a jury and the time period has expired for the District Attorney to appeal, there is no legal basis for law enforcement to hold the property.”
Mr. Lance Rogers attorney for Jovan Jackson will argue the return of property motion in court on February 19, 2010 in Department 33 at 8:30am.
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.
In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.
Charges related to the 9/9/9 raid however, have not yet been litigated.
On February 9, 2010 Mr. Jackson’s attorney Lance Rogers argued a Collateral Estoppel motion before the superior court in San Diego. He was able to clearly show that Jovan is a victim of Double Jeopardy and that the circumstances and all details of the investigation were the same in both raids. The judge explained that because the second raid was on a different date, there was no case law supporting this as double jeopardy, and therefore denied the motion.
On February 26th 2010 at the preliminary hearing for the second trial, Mr. Rogers will argue a motion to dismiss the case based on prosecutorial discrimination; otherwise known as a Murgia Motion.
The motion will show how Mr. Jackson was deliberately singled out for prosecution on the basis of his race. The Cross Jurisdictional Narcotics Task Force (NTF) has been investigating Mr. Jackson for two years, during which at least ten 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.
Please come out on Friday February 19, 2010 and on February 26th to support Mr. Jackson as he attempts to navigate the serpentine roadmap that makes up our medical marijuana laws and fights against the bias driven, district attorney run, San Diego judicial system.
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