By: Eugene Davidovich, Terrie Best, James Stacy
SAN DIEGO – Medical marijuana patient, collective director, James Dean Stacy, on May 19th, 2010 at 10:30am will be appearing in San Diego Federal Court. His collective, Movement In Action (www.movementinaction.org) was raided on September 9, 2010, in District Attorney (DA) Bonnie Dumanis’ raids on medical marijuana collectives and Mr. Stacy was arrested, charged in Federal Court, and is now facing a Federal Jury Trial and the possibility of life in prison.
Since the latest round of Operation Green Rx raids began in August of 2008, San Diego DA Dumanis, has lost both cases that went to trial in State Court. Realizing that she stands no chance in state court it seems that she has redirected her efforts and taken a new approach.
Dumanis has enlisted the efforts of US Attorney Karen P. Hewitt, and has filed charges on legitimate patients and collectives in Federal court, going against the standing orders from President Obama not to target legitimate medical marijuana collectives in states where they are legal.
On Wednesday May 19, 2010, history will be made in San Diego, in Courtroom 15, at the Federal Courthouse at 940 Front St. in downtown San Diego, where U.S. Federal Judge Moskowitz will decide if medical marijuana patient James Dean Stacy will be allowed to tell the Truth in his trial.
Mr. Stacy is arguing entrapment by estoppel based on statements made by President Obama during his presidential campaign and then his first year in office, as well as the U. S. Attorney General Holders statements, both of which in summary say that the Federal government would stop prosecutions, investigations, and arrests of legal medical marijuana collective members and patients.
Ignoring this order, and the will of the California voters, Dumanis and Hewitt in partnership with the local Narcotics Task Force arrested 31 collective members in a swat style raid last September, and rumors have it, are planning more ways to harass collectives and patients.
Mr. Stacy, one of those charged federally, refused to be bullied by the prosecutor into a plea deal, and is fighting the charges. His case has the potential to set precedent throughout the state with his defense. Mr. Stacy is asking to simply tell the whole truth to the jury in during his trial.
The Federal government currently does not allow defendants to tell the jury that they are a legitimate medical marijuana patient in compliance with California State law. The mention of this fact is vigorously fought by the prosecutor.
On May 19th we will find out if the jury will be allowed to hear the Whole Truth.
Come out and support Mr. Stacy as he stands up for our rights against the misguided policies of the Federal Government and our bias driven local DA and US Attorney.
San Diego Americans for Safe Access
www.safeaccesssd.com
