This is about a man that is the best friend a rainbow could have and he has been the best friend that I could have asked for! He is facing a trial for marijuana. He is 71 years old polio victim. He was growing marijuana. He has been fighting them for over a year and a half now. His preliminary hearing is tomorrow Monday Jan 11th. They have been putting off his trial for over a year and now his actual hearing is Tue, a 2 day trial. He is looking at 5-10 years at the age of 71 he will be lucky to get out before he is 80... If they sentence him, they will be taking his land, his home! Please read this and then pray for us, meditate for us, and send us your love!
From Our Loved Day Brown:
I've been growing medical marijuana for years. Look up cannabidiol for a clue on one of the diffs. ( eg: http://www.druglibrary.org/schaffer/hemp/medical/cannabid.htm
) I had two patches to test a new dwarf variety; one under the canopy hidden in the woods, another in full sun close to the house. In the first week of October 2008, a tresspasser came on the property, stole the pot growing in the woods, then called the cops to bust me for the patch that was too close to the house to steal.
Which made the search illegal, because nobody had the right to tresspass to see what I was growing on the property. Because it was a dwarf strain, it was not visible from the road. None of it was even 6 foot, mostly about 3, some not even 2 ft tall.
A chopper was sent over 1st, and it flew over the house 7 times, but had to get so low to see the pot that the propwash blew leaves down off the trees, and knocked down my Jerusalem artichokes, which grew over 6 foot tall, further obscuring the view, and blocking it from the road. This was, in effect, a footprint on the property without a search warrant.
When the search warrant did arrive, it had only the address. They had not done, as you'd think, any investigation of me, which you'd want to do in order to bust a commercial pot growing opertion. They did not know who I was.
Had I been running a commercial pot operation, surveillance would have revealed an entire dealer network. But, they were only interested in seizing the property rather than breaking up drug distribution rings. Had they done an investigation, they would have realized I was only a tenant.
I was more familiar than most with proper procedure since this was the 8th time in my life since 1968 that my home was searched, and the 4th that they did not know who I was. One time the police busted in on a halloween party and they arrested me for drugs guests dropped on the floor. Nothing else was found in the house, and the judge threw that case out of court. The other 6 times, including the next most recent, on 7/31//1998, they found nothing illegal.
Is this string of searches just some kind of statistical fluke, or is this an indication of a lack of due process? I've never been able to ask whoever it was who testified to a judge about why my home should be searched.
The 1998 search resulted when a game & fish agent snooped in my barn when nobody was around and saw all the lab equipment and chemicals stored there.
Title 5 of the 1987 criminal code, subchapter 2, sect 5-64-2.1 Lists 8 criteria for determining a substance is subject to abuse. Item #3 refers to The state of current scientific knowledge regarding the substance. Interestingly, the current edition of the AR code has this deleleted. http://www.arkleg.state.ar.us/SearchCenter/Pages/arkansascode.aspx
Which means, in effect, that they can ignore the state of the science! While the US government has done extensive work trying to determine abuse, other regions have gone on to look more broadly at what is, or is not, in various genetic lines, and what effects substances in those cannabis strains have. The American legal system has not kept abreast of this work, and its attitudes are sadly out of date.
Moreover, marijuana is just one of an increasingly wide variety of important medicinal herbs I've been growing & drying over the years and then often processing for salves & tinctures. On October 10, they took all my solvents, scales, filters, and other lab equipment. On July 31, 1998, they also seized all my lab equipment, which made for very glitzy photos on the front page of the Marshall Mountain Wave, and even though they found no controlled substances, they did not, despite my request, return any of it.
On seeing the report in the Aug 8, 1998 Marshall Mountain Wave, I went to the editor to ask her to print a correct report of my property, which she had labeled as The biggest meth lab ever found in NW Arkansas. Since she would not print a true report, I used my PC printer to run off 200 copies of what was really taken and distributed them to country stores around Searcy County. Sheriff Sutterfield, who was prominently displayed in the newspaper as having organized the bust withdrew his re-election campaign.
Since I've had personal property seized by law enforcement in Florida, Louisianna, and now Arkansas, I cant say that the personnel in Van Buren county are less professional, altho not as diligent as the FBI; they were, in all my personal interactions with them, always polite.
But besides being uninformed of the medicinal uses of marijuana, they are not up on several well known new dwarf strains of marijuana. The seeds can be ordered online. This presents real problems for landowners since their land can be seized because of pot growing along a fence line that does not reach the top of the fence. While choppers wont be able to spot it, anyone driving by mite. And of course, anyone wanting to make trouble has merely to sow some seed and then wait a couple months for it to appear and then call the cops.
The new lines were also developed to grow indoors under less light, so it also does very well under the forest canopy in the woods, where again, choppers cant see it, but growers wanting to use your property would know where to look at harvest time. This requires great diligence by landowners to be sure pot is not grown on their land, and then, if there, to prove all the money and assets owners had were acquired from legal sources. In this case, you are guilty til proven innocent.
Then too, ongoing genetic engineering has resulted in reports of DNA code to produce psychoactive compounds being spliced into other plants just as is done for other purposes. So- weeds that dont even look like pot will be propagated, again possibly on your land. The legality remains in doubt, but for sure lots of lawyers will make lots of money off landowners as a result.
UPDATE, 10/28/09, 9TH SEARCH
Well, they came again this morning. Ostensibly to ask about someone shooting dogs and a horse. Only, to perform this public service, they sent two SUVs with the county sheriff, 3 deputies, and 2 state drug control agents. And while parked in my driveway, an officer said he spotted marijuana. And while there was some there, it was not something I planted, but merely some weed which had come up by itself, and from where he was, was way too small to be seen. Some of it not even knee high. Spotted from 120 foot away? with all manner of other weeds and garden plants around it?
The officer said he had a search warrant coming, and could he begin searching now? Well, of course. And of course he found some, stems of old volunteers that'd come up that I'd tested to see if these volunteers still had the medicinal properties of those seized last year. Which they did. And like them, also rather small, none much over 4ft, most 2-3 foot.
Which I pointed out to the search team, that there's a new strain in this area, descended from the dwarf hydoponic lines, and what a problem this presents to landowners, who are unlikely to notice it there until after LEO arrives on the scene looking for it. But why were they there to look in the first place? The dog shootings dont seem plausible.
I suggested to them that the hot tip they received from their confidential informant had something to do with the neighbor bulldozing trees off of his property and onto this, and the cutting of trees on this property to make more room for the brush piles, and also the new road he bulldozed down the back side of this property to access a lower bench on his land. We all understand how land would be seized for drug manufacture then be sold cheaply at auction, and how the neighbor would be interested in ownership.
I invited a couple officers into the house to look around, saying that I didnt mind, but that a full crew always left such a mess. They didnt find any illegal herbs in the house, and I pointed out how the dozens of other herbs in drying racks and hung on the walls were all legal, going into some of the medicinal qualities of Tansy & Queen Anne's lace or whatever. And seated at the kitchen table, mentioned a website listing 97 herbs and fungi that have been found to have psychotropic effects, some of which I'd tested. I added that last time, the crime lab report, which listed 28 items, could not identify 14 of them, and that this proliferation of previously unknown sacred potions was going to bog down the crime labs beyond functionality.
While it was abundantly clear I was rich in herbs and herbal knowledge, I clearly didnt have any money, from drug profits or anything else. There are no upscale costly items in the house, I dont own any guns, or even a vehicle. They said they were just doing their job. I said the lawyers were making that impossible. They seemed to get it when I suggested that if marijuana was legal but regulated like tobacco and alcohol, that if I sold their kid pot, they could sue me for the cost of drug treatment, counsel by the family clergy, a tutor to bring the kid's grades back up, and that the law, as it now is, says families have standing to do this. But as it is, by the time the criminal court is done with me, I'm broke, and there's no money for the families of drug addicts. They seem to get it.
They said I should not break the law but write my elected representatives. I told them I'd already done that, wrote to congressman Snyder and senators Pryor and Lincoln. I added I'd also written my representatives in the state legislature. But gotten no reply that anyone read what I wrote. I added that as it now is, the drug lawyers all make tons of money off the drug war, and that their friends in the legislative bodies will never pass law that reduces the incomes of their brothers at the bar. The officers seemed to get that as well.
They left, taking the puny pot they seized, without me. They said this matter can be added to my next court hearing. (Dec 7, 2009) I had hoped to bring some of the wild plants to my trial to enter as evidence so the jury knows egzactly what dwarf marijuana looks like, and the problem landowners have in trying to make sure its not on their property. But as it is, I may yet. The cops didnt find it all; some was too small for even a deliberate search.
So, They kicked the can downt the road yet again on Oct 20, setting Dec 7 to hear my motion to dismiss, with the trial date Jan 12, 2010.
I may have public defender Mel Jackson with me at the hearing, but still plan to enter trial pro se. Sasa, who happened to be at my place when the bust came down last year, who thus was also charged, tells me now they've offered to drop all charges against her if she'll testify against me. I told her to do that, it'll have no effect whatever on my shot at jury nullification. Its instructive that last Jan 6, at the first hearing, they wanted her to cop a plea to a felony. Then, at the second, Mar 6, to copy a plea to a misdemeanor with two years on parole, court fines, etc, and then last June, offered to accept the time she'd already served without bond, and just piss test parole. And now, they've sweetened the deal yet again.
I get the idea I am getting someplace with these people. One LEO asked why I didnt move to California. I pointed out I only get 720$/mo social security, and cant afford to live there, much less move. Here, I have a big garden. Just harvested 25 lb of yams. Had 50 of potatoes this year, and still have a couple hundred pounds of Jerusalem artichoke. Between that, the onions, garlic, turnips, squash, beans, greens, etc, I get by on less than 100$/mo in groceries. I pay friends less than 50$/mo to pick me up twice a month to do the shopping. Car insurance was 70$. Considering the amount of driving I did, just the insurance ran me $1.25/mile. I would not have that support in California.
I must say, if you are going to be busted, have it done in Van Buren County AR. Everyone is very polite. The jail keepers are the most competent and polite as well. The search was less professional, but then they didnt leave the place in the kind of messes I've had to deal with before. Their real problem, and they fully understand this, is meth and alcohol. I was asked a few times about LSA. It never occurred to them that it mite be useful in quieting the mood for meditation and thereby lead to spiritual enlightenment. Which is only a phrase they heard to them.
Sometimes, events are just too weird to be belived to be random. After the cops leave, friends from out of state arrive, passing thru on their way to FL. I wont say what we smoked, and in fact am not all that sure what it all was. We have lotsa legal smoking herbs too. It was a bit of a celebration, such as after a victorious battle, we were kinda high on just that. Sun Tzu said to understand your enemy, but first, understand yourself. Some of these psychotropic potions help with that, and also, in discussions of events like the bust, produce insights into the psychology involved in the participants that they are blissfully unaware of.
The law enforcement personnel are quite personable, and I will not gleefully, but regretfully, expose their ignorance if this ever goes to trial in cross examination. They are so, so uninformed about the reports circulating on the net about the drug war and the true nature of the problem. Course, they are all so busy, as are the lawyers and the judge, that none of them really have time to think about what they are doing, but go on blindly in group think.
PLEASE PRAY FOR US!
This also means that I need help! If they sentence him, remember they will take the property. That means we will have to move EVERYTHING! We need your help! Those of you who live close by we could use trucks with 4x4's to get everything moved. Those of you who dont live close we need your help too! That will also mean that the Roundhouse will now have everything it needs to be a fully functional commune!
PLEASE PRAY FOR US!!
We love everyone one of you! Our Family!