|
Medical
Marijuana:
Judges
Growls
at
More
Possible
Prosecution
Misconduct
in
Bryan
Epis
Resentencing
Hearings
12/9/05
https://stopthedrugwar.org/chronicle-old/414/episcase.shtml
Bryan Epis became a cause
celebre after being sentenced to 10 years in federal prison for a medical
marijuana grow. He served two years before being released on appeal,
and is now in court for resentencing in the wake of the Supreme Court's
Booker and Fan Fan decisions, which threw out mandatory sentencing guidelines.
Epis' attorney, Brenda Grantland,
had already charged prosecutorial misconduct in the case for the government's
attempt to portray pipe-dream sketches of a major medical marijuana facility
as an actual event. In a hearing this week, Assistant US Attorney
Samuel Wong handed her evidence of even more misconduct, and while Grantland
described herself as "livid," she must also have been pleased.
|
 |
|
David
Borden & Bryan Epis at the April 2005 NORML conference
|
According to Grantland, as
she awaited the start of the hearing, Wong walked over and handed her a
document reading: "DEA Special Agent Brian Nehring is the new DEA agent
assigned to the Bryan Epis case. Special Agent Nehring informs me
that one of the agents assigned to this case after DEA Special Agent Ron
Mancini's departure mistakenly allowed the documents seized from Bryan
Epis' home to be destroyed. I am awaiting my receipt of reports on
the destruction of the documents and will forward them to you upon my receipt.
On behalf of the United States, I sincerely apologize for this error.
For your information, the United States Attorney's Office has maintained
custody of the prosecution's trial exhibits."
The documents included potential
exculpatory evidence showing government wrongdoing as well as medical records
that could back up his claim he had a legitimate need for marijuana.
When Grantland told Judge Frank Damrell what had happened, Damrell couldn't
believe it.
"I've never in my career
known that to happen," he said, scoffing at Wong's claim it was inadvertent.
"Somebody has to give this order to destroy evidence. I'm not accusing
you, Mr. Wong, but I don't see how this could have happened inadvertently."
Judge Damrell gave Wong two
weeks to explain what happened and provide an inventory of the destroyed
evidence. That will be reviewed at the next hearing.
All the government wanted
to do was send Epis to prison again for growing pot for sick people, but
its efforts threaten to be tripped up by its own "lies and corruption,"
Grantland wrote. Let's hope so.
(Click
here to read Drug War Chronicle's interview with Bryan Epis last July.
Scroll to the bottom of it for information on how to send Judge Damrell
a letter of support for Bryan -- there's still time!)
-- END --
|
Issue #414
-- 12/9/05
Update
and
Appeal:
DRCNet
in
2006
|
Feature:
Vancouver
Keeps
Leading
the
Way
on
Drug
Reform,
Despite
Bumps
in
the
Road
|
Feature:
Seattle
Conference
on
Drug
War
Exit
Strategies
Gets
Down
to
Nuts
and
Bolts
|
Feature:
Washington
Legislature
to
Consider
Bill
to
Examine
Alternatives
to
Prohibition
|
Law
Enforcement:
This
Week's
Corrupt
Cops
Stories
|
Marijuana:
Denver
Man
to
Challenge
Pot
Arrest
After
Legalization
Ordinance
in
Effect
|
Chronic
Pain:
South
Carolina
Pain
Doctors
Lose
Appeal,
But
Get
New
Sentencing
Hearings
|
Medical
Marijuana:
Judges
Growls
at
More
Possible
Prosecution
Misconduct
in
Bryan
Epis
Resentencing
Hearings
|
Medical
Marijuana:
San
Diego
County
to
Sue
to
Overturn
California
Law
|
Latin
America:
Prison
Sentence
for
Dying
Woman,
79,
Sparks
International
Appeal
|
Australia:
Australian
Government
Goes
After
Rave
Ecstasy
Testing
Group
|
Europe:
Czech
Lower
House
Passes
Drug
Reform
Measure,
Including
Decriminalization
of
Marijuana
Possession
and
Personal
Grows
|
Canada:
With
Elections
Looming,
Conservatives
Talk
Tough
on
Drugs
|
Europe:
Dutch
Political
Parties
Call
for
Regulated
Pilot
Program
to
Supply
Marijuana
to
Coffee
Shops
|
Web
Scan:
After
I-75
in
Seattle,
re-launched
web
site
from
Bolivia's
coca
country
|
Weekly:
The
Reformer's
Calendar
|
This issue -- main page
This issue -- single-file printer version
Drug War Chronicle -- main page
Chronicle archives
|
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