by Nathan Arhcer
Thursday, Dec. 17, 2009 at 7:36 PM
After having charges of possession of 98 plants and 1.72 lbs of processed marijuana reversed, Mr. Archer requested that he not be ordered to register under 11590 was granted.
Tuesday was a difficult day as at the last minute the judge was replaced by Judge Gale E. Kaneshiro, a tough Judge. Though my case was number 4 on the docket I was almost the last person in the court room before they called my case.
The Judge would not let allow me to request new council; as she stated that I was not represented as pro per but, I had been appointed a Public Defender through the whole proceedings. She stated that, "Though Mr. Archers Public Defender retired," (after my second trial case), " the Public Defenders Office has not".
San Diego NORML Vice President: Mara Felsen, Esq. requested that the judge allow a continuance as they were willing to take the case. The Judge informed me that I was still considered by the court as being represented by the Public Defenders Office and file to be represented Pro Per and we would have to have a ruling on that.
The Bailiff offered that if I use the Public Defender to state that I want to seek new council it would expedite things and we would end up with the same resolve.S.D. NORML V.P. Mara Felsen, Esq. and I concurred it seemed less court time so I consented.
An available Public Defender was spoken to by Ms. Felsen, Esq. and he agreed. I was called before the Court and the Public Defender did as I asked, He requested that I be allowed a continuance as I wish to appoint new council.
The Judge Agreed, then stated that my probation was revoked and that I was to return to court in 14 days with proof of my "Registration as a Narcotics Offender".
I spoke up, " Your Honor, did you receive My Statement?".
The Judge replied, "Yes."
I then stated, " The whole context of my statement is that I have no Narcotics or Drug abuse History. I am allowed by the court to continue with my Medical Marijuana ......"
The Judge commented "yes.."
I continued, " The Kentucky and Indiana courts recognize that it Registering is only punitive in Nature and has no rehibilitativeness and in effect is Unconstitutional.
I am appealing my case at the Supreme Court Level."
" I see," said the Judge thoughtfully.
"Okay, Mr Archer is to remain at liberty on probation. The Public Defender is relieved, Retained counsel Marar Felsen, Esq. is appearing in behalf of defendant. Court stays condition to register H&S11590 pending appeal."
I walked out of the Court room feeling much better, joined by my new found friends; Euguene, Mara, Craig, Bill and others.
Thank you to all for supporting me and everyone else who cared.
After my case it was Eugene Davidovich's turn. He was attempting to have his case dismissed. His is another battle in the trenches of San Diego. He was stung by an undercover who lied extensively and; was a validated Medical Marijuana Patient, confirmed by a Doctors office. All that so he could become a patient of Euguenes collective service. Just so he could bust Eugene.
Things did not go so well for Eugene, but it is still the early stages and things are getting better as time progresses.
In my trip to San Diego I was most upset to learn that Bonnie Dumanis is attempting to have California Prop 215 re-evaluated and re-written "Because it is too vague". When will San Diego stop fighting and let people live as normal citizens.
I Stood with Eugene, William (Bill) West and many others outside while Bonnie Dumanis had a fund raising meeting inside.
San Diego is gone too far!!!
I spoke to several T.V. Stations, 6, 7, 8, 9, 10, 51.. But only noticed brief coverage on KUSI.
We need to come down on San Diego County forcing our State to waste its resources in courtroom costs to debate an issue that the rest of the State already accepted YEARS AGO! Next y for attacking people who dear there are 13 states considering voting in medical marijuana including Washington D.C.
S.D. County Officials have refused to obey the State. In fact they have opposed the State in court now 6 times and each time San Diego Countys efforts were shut down by the State Courts and ordered to follow the law.
Yet San Diego responds with "Operation Endless Summer" they continue to refuse to allow patient rights and are seriously hurting people and their lives regardlessly, systematically and mercilessly.
Please support the efforts of the various Chapters in San Diego ( NORML, ASA...) see how you can help.
I will be back in court for my continuance on January 26, 2010 at 9:00 am Dept. 12. You are welcome to join me; but please be respectful of the Law as we are trying to help make it.