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Go figure. 
This isn't looking good spookk.
What a long haul through the gantlet .
Should have claimed it was catnip. I don't think they could tell the difference. 
since they don't have any evidence to challenge the claim... 
No worries
Actually it's looking pretty excellent right now because they usually deny writ petitions in just a couple of days. I actually called the COA and was transferred to the "petitions clerk", who was kind and encouraging.
The response to the Trombetta claims the plants are still there - guess the prosecutor neglected to actually look at the photos we sent him, or roll his fat butt down to the evidence locker to see for himself!
Well, the writ got denied in the end, and we began pretrial wrangling. The judge eventually tossed out the 2003 case due to fundamental deprivation of a right to fair trial, and "the interests of justice". That was the day 2 county counsel drones, and the head guy, kept popping in to see how the case was going, trying to keep Kimberly's attorney from getting copies of the SO written policies relating to evidence and medical MJ, etc.
We then went a few days of hearings on the 2007 case based on how the SO documents and preserves evidence for trial, and that wasnt going well, what with detective Lemos unable to id any of the plants from the photos taken (that's what happens when you dont tag the plants and put a ruler in the pictures before ripping them up), and him giving testimony that even the pathetic policies of the Siskiyou SO weren't followed. We had statements from several experts exposimg their incopetence in no uncertain terms, too.
In the end, today, they decided to fold rather than let us cross-examine Lemos on the record, because they KNOW the civil suit is coming. What's left of the property was ordered preserved pending a motion for its return.
So after eight years, patient Kimberly is free. Dr. Denney really came through for her, as did Jason Browne, and her attorney, John Lawrence.
congrats Spook!
Well, the writ got denied in the end, and we began pretrial wrangling. The judge eventually tossed out the 2003 case due to fundamental deprivation of a right to fair trial, and "the interests of justice". That was the day 2 county counsel drones, and the head guy, kept popping in to see how the case was going, trying to keep Kimberly's attorney from getting copies of the SO written policies relating to evidence and medical MJ, etc.
We then went a few days of hearings on the 2007 case based on how the SO documents and preserves evidence for trial, and that wasnt going well, what with detective Lemos unable to id any of the plants from the photos taken (that's what happens when you dont tag the plants and put a ruler in the pictures before ripping them up), and him giving testimony that even the pathetic policies of the Siskiyou SO weren't followed. We had statements from several experts exposimg their incopetence in no uncertain terms, too.
In the end, today, they decided to fold rather than let us cross-examine Lemos on the record, because they KNOW the civil suit is coming. What's left of the property was ordered preserved pending a motion for its return.
So after eight years, patient Kimberly is free. Dr. Denney really came through for her, as did Jason Browne, and her attorney, John Lawrence.
8 years, 6 months, and 10 days after it's seizure, patient Kimberly got her "non-contraband" property back - still waiting on a decision for the MMJ.
I'd stick a photo in, but can't figure out how to do it
8 years, 6 months, and 10 days after it's seizure, patient Kimberly got her "non-contraband" property back - still waiting on a decision for the MMJ.
I'd stick a photo in, but can't figure out how to do it
That is a perfect example of how the system is abused by overzealous morons..
Non-contraband property is a motion for return in which the state has no interest..
States have no interest in "NON-CONTRABAND" anything.
Over 8 years for them to figure that out ??
What a sham.
Glad that part is over for her..
There's actually been somewhat of a stink about the process lately:
Got the decision from the judge on the remaining MMJ property. The Sheriff is to return all of the marijuana from both cases to Kimberly. The order has been stayed, however, pending further objections by the County Counsel on behalf of the Sheriff, who claims he now has standing to file stuff in the criminal case because he's been ordered to give the MMJ back to an admitted qualified patient. I was anticipating a writ, but seems they aren't filing one (maybe they will think of it, but haven't heard they are.)
My understanding is that the Garden Grove decision already dealt with all of this, and that the Sheriff is just blowing smoke. He's already in trouble for refusing to follow a MMJ return order in another case, so it's becoming a pattern for him.
pretty sure the Kha case addressed it.
Yep - same case.
Statute of limitations is controlling here in kims case.. them lawyers in and for that county are idiots and should be disbarred.
Last edited by james sr (2012-05-01 14:12:25)
Indeed - so should the judge. She decided to reverse her order to return the medicine based on a "motion to vacate order as void" filed by the Sheriff, via County Counsel. She ruled that "the Sheriff has standing" to intervene in the case, which of course is contrary to all legal authority.
We asked her for a statement of decision, and to reappoint counsel for Kimberly (since the cops are still insisting Kimberly broke, and is breaking, the laws.)
New ROP proceedings set for July 27. Trying to make it to 9 yrs, I guess 
Request for appointment of counsel denied. Request for expert to testify at the evidentiary hearing denied. Request for statement of decision on how/why the Sheriff has standing in the case regarding return of property denied.
Current medical records, and records of experts subpoenaed for the 7/27 hearing. Cops and MMJ subpoenaed.
All relevant documents, briefs, etc in the case sent to ASA via email a few weeks ago, call in to the legal eagle there, etc - no response.
Request for appointment of counsel denied. Request for expert to testify at the evidentiary hearing denied. Request for statement of decision on how/why the Sheriff has standing in the case regarding return of property denied.
Current medical records, and records of experts subpoenaed for the 7/27 hearing. Cops and MMJ subpoenaed.
All relevant documents, briefs, etc in the case sent to ASA via email a few weeks ago, call in to the legal eagle there, etc - no response.
Runaway train you should have blown up years ago my friend.. years ago.. tort them.
Looks like your on the road to an appeal process.. AGAIN.
No response= No support... That's sad as the day is long.
All relevant documents, briefs, etc in the case sent to ASA via email a few weeks ago, call in to the legal eagle there, etc - no response.
asa???
Never any response or assistance whatever from ASA.
On Sept 19, 2012, the judge denied repeated requests for counsel, and for appointment of a medical expert after stating on the record that testimony (LIVE - for a frigging motion hearing!) from a licensed physician would be necessary to establish Kimberly's "amount of marijuana in excess of the limits in H&S 11362.77(a)" was necessary (recall that this event transpired in Sept. of 2003, so SB420 wasn't even in effect then.)
When it was pointed out to the judge that SB 420 wasn't in effect, Kimberly was shouted down. Kimberly tried to submit declarations by Dr. Denny, and Chris Conrad, and wasn't permitted to do so because the judge claimed they would be "hearsay" - on the basis that the People would have no chance to cross examine them. (utter BS of course) The judge also refused to accept most of Kimberly's long line of MMJ recommendations as evidence.
The judge refused to allow Kimberly, or me, to testify about Kimberly's medical needs for marijuana.
Naturally, the judge ruled that Kimberly failed to establish that she was entitled to the return of the marijuana.
Just because the bitch judge pulled that BS about not letting Kimberly even FILE IN the declarations, a week later I did a motion for reconsideration, and attached all the declarations to get them into the record. The judge said that my 27-page motion was just a "disagreement about rulings on evidence, so doesn't meet the requirements of CCP 1008".
I'm almost done with the writ now. I expect it will be ready to print this week. As a placeholder, we filed a Notice of Appeal, with a request for counsel, and a note that it should also be considered as a Petition for a Writ (on the very last day - hahahaha!)
Boy, am I pissed.
Last edited by Spookk (2012-11-24 19:45:25)
Writ was (improperly) summarily denied, so I filed a petition for review with the Supremes. They ordered a response be filed by the DA and the AG, which I received from the AG today. 10 days to file a reply.
Once again asked ASA to at least do a letter in support of review given the issues raised in the writ (copy of all documentation submitted by email), but again no response at all.
http://www.pappaslawgroup.net/ Give them a ring... ??
Pappas was the ADA who originally charged Kimberly in 2003 ;D
He's a lying, two-faced loser who has succeeded in changing his stripes after his move south to Redding.
Fuck it - I'm better now that most lawyers anyway. I just figured that ASA might give a crap about individuals (as opposed to collectives) enough to at least pump in an amicus letter. I got the Reply done and in under the wire. Nothing to do but wait with crossed fingers now. I am also filing a nice complaint with the Commission on Judicial Fitness about the judge's refusal to follow statutory and stare decisis law.
Maybe they will do something on the Browne v. Tehema County disaster that came out a couple of weeks ago.
I'll let you know.
I had no idea Matt was an ADA for the state... let alone charged a cannabis patient.
Browne v. Tehema County is not going to be overturned imho.... someone left out the as applied argument which may have saved it... OOOps.
But, in viewing the Supreme Courts recent hearing... not likely the dispensaries will have a favorable ruling.
I look forward to hearing back... this has been a long screwy road trip.
Gah! My bad - didn't think there'd be more than one "pappas" who is an attorney locally:
here's the guy I meant:
http://www.redding.com/news/2011/may/03 … r-that-in/
http://www.avvo.com/attorneys/96001-ca- … 69103.html
Sorry, Matt Pappas!
Anyway - still waiting on the Supremes to rule on our petition.
The DA never filed the breifing they ordered ;b
As to the Browne case, there's a good chance it will at least get depublished because of the ranting that the COA did about things it did not need to decide so broadly. Of course, that means people have to ACT and file the requests to depublish it.
You know, activist organizations...like ASA.
Glad to hear the "Pappas" clarification... 
The DA never filed the breifing they ordered ;b
Oh you didn't hear that the position of the person filing that brief was cut because of budget issues ??
It's an epidemic your Honor ... can we get an extension ??
They just pulled that on one of my kids with ONE of his case before the Alaska Supreme Court...
The court in turn ordered oral argument sua sponte ... Interesting ..
Heh, cool.
No, in this case they didn't offer any excuses or request any extension - they simply blew the Supremes off completely. Typical banjo-playing, "State of Jefferson" stupidity/arrogance.
Here's the link to the case if you'd like to follow it yourself, rather than wait for me to post:
sorry bro...
Yeah - but what can we expect in Police State USA? Too bad the courts don't spend even half the time reviewing injustices as they do whining for more cash.
We still have a complaint to the Commission on Judicial Performance. Since the hearing was recorded, it's good evidence of Dixon ignoring the law.
And we still have two civil suits pending as well ;D
Last edited by Spookk (2013-03-18 16:43:25)
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