By: Eugene Davidovich, San Diego Americans for Safe Access
Advocates help keep a man unjustly convicted free while his case is appealed by their Chief Counsel Joe Elford.
SAN DIEGO – Jovan Jackson a medical marijuana patient, Navy Veteran, and former operator of Answerdam a medical marijuana collective in San Diego, was convicted on September 28th, 2010 after he was tried for the second time in less than a year on the same charges of marijuana possession and sale.
He was convicted in his second trial as a result of being denied the medical marijuana defense by Judge Shore, who claimed that although all were legal patients, since all 1600 members of the collective did not express that their “purpose” was to cultivate, that Jackson did not qualify for the medical marijuana collective defense.
On Wednesday, December 15th 2010 Jackson was sentenced to 180 days in jail and a fine. He was scheduled to report to jail on February 1. At this point in the case, Americans for Safe Access (ASA), the country’s largest medical marijuana advocacy group’s Chief Legal Counsel Joe Elford joined the case.
On Thursday, January 27 Elford was in front of Superior Court Judge Howard H. Shore along with Lance Rogers arguing to keep Jovan out of Jail pending the appeal. At the hearing, Deputy DA Chris Lindberg demanded that in accordance with California Penal Code 1275 no bail should be accepted from the defense unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
Judge Howard Shore agreed with the prosecutor and allowed the 1275 hold to stand.
Although Joe Elford was able to get the bail reduced from $180,000 down to $50,000, the 1275 requirement would stand and Jovan would have to now report to Jail on February 15 if he could not make the $50,000 bail.
With the help of Americans for Safe Access, Excalibur Bail Bonds, Nug Magazine, and others, Mr. Jackson remains free today while we as a community attempt to repair this injustice and allow the man to have a fair trial where he is able to present his entire defense to a jury.
San Diego Americans for Safe Access
www.safeaccesssd.com
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