Thursday, September 27, 2012

Federal interrogation required to receive medical care in Montana

Update, 18:46 MDT: #medicalmarijuana: Williams attorney vows an appeal and to get him out of jail quickly.Only person in MT to not plea bargain, faces 45 yrs. RT @IR_EveByron

Update, 17:23 MDT: Chris wms found guilty on all 8 charges in med marijuana freedom court case. Led away in handcuffs. RT @IR_EveByron

Update, 14:11 MDT: Defense calls for mistrial.

Does the US Constitution require a jury to convict persons accused of violating federal law while acting within the strictures of state law?

Montana's Democratic Attorney General is running for governor. Steve Bullock has touted his defense of the state's limits on campaign contributions against the federal Citizens United case while failing to show up for the rights of same-sex couples and for an initiated medical cannabis law. A fellow blogger cited a personal interview where Bullock said he believed his only responsibility to Montana was fiduciary.

As has been noted in progressive Montana blogs, Bullock comfortably leads his opponent in polls so he can take a little heat from the Left.

Eve Byron reports in the Helena Independent Record, a Lee paper under fire for conservative bias, that a jury didn't hear all the facts in a high profile medical cannabis case because the judge sent them home after instructing them to ignore the medical value of cannabis. Ms. Byron writes:
Federal attorneys danced around the elephant in the middle of the U.S. District courtroom in Helena for the third day in the trial of Christopher Williams, finally mentioning Montana’s Medical Marijuana Act only after the jury was dismissed for the day on Wednesday. Williams readily agreed that he had formed a partnership with Thomas Daubert, Chris Lindsey and Richard Flor in the spring of 2009. But it was only after the jurors had left the room that Daubert, Lindsey, Williams and his attorney, Michael Donahoe, outlined before Judge Dana Christensen the full story of why they created the business and wanted high standards.

“This case is being prosecuted in federal court. As such, the case is governed exclusively by federal law,” Christensen said. “Under federal law, marijuana is a Schedule I controlled substance. Federal law prohibits the manufacture, distribution, possession with intent to distribute, simple possession and use of marijuana for any purpose. State laws related to the legality of marijuana in certain circumstances have no bearing on the issues before you and provide no defense to any charge against the defendant as set forth in the superseding indictment. 
“Unless I instruct you otherwise, you should not consider any reference to the medical use of marijuana, as such references have no relevance to the charges set forth in the superseding indictment. Similarly, you must disregard any statements or argument about the defendant or others purporting to comply or not to comply with state laws concerning marijuana.”
Bullock's silence on this case is so deafening that his collusion with DEA and other federal Justice officials could barely be heard whispering it in courtroom hallways.

Mr. Williams is the only defendant fighting the case while his former partners took plea deals and testified against him.

A letter to the editor of the Billings Gazette, another Lee paper known for its right-wing bias, reminds readers that Montana federal judge, Richard Cebull, is still on the bench after violating President Obama's civil rights.

The Gazette reports this morning that the case is headed for appeal.

Hey earth haters: pick a lane!


freegan said...

Got Rights???

larry kurtz said...

Aging inmates: the hidden death sentence.

larry kurtz said...

Longread of Tom Daubert's story at Missoula Indy.

Anonymous said...