[Courtesy of Ed Rosenthal]

Dear Friends,

This is an update on my case.

On March 2nd the judge held a hearing in which he rejected almost all of our motions. He threw out selective prosecution, improper conduct, lying to the Grand Jury, and prosecutorial delay.

Fortunately he left our two strongest motions.

Vindictive Prosecution -- The prosecutor's statements in court and in documents he submitted to the court clearly indicate that US Atty. George Bevan, the prosecutor, pursued this case because of statements I had made about the fairness of the first trial and the fact that he lied to the first grand jury. He also misled the superseding grand jury.

The judge is looking at prosecutorial documents in camera, that is privately, and then he will either hold a hearing or make a decision. If he decides we were right he will probably dismiss some or all of the new charges.

Bifurcation -- Originally the judge split the trial into two parts, so we would have to go to trial twice. The judge rescinded his order based on our arguments that it put the defense in a legal liability and it was a hardship to the defendant.

Bevan made the most important statement of the day. He declared to the court that he would not challenge the 2003 sentencing decision and that the government would not seek additional time. Now, the judge, the Appeals Court, and the prosecutor are all on record that my one-day sentence is sufficient. This means that the trial has become purely political.

It's said that drama first plays as tragedy and then as farce. We are at the farce stage now. A lying prosecutor, fake charges and a Drug War that can't be won.

Still this is a pivotal trial that will help determine the fate of medical marijuana policies throughout the US. It is essential that we win this fight.

As you know, criminal cases are expensive. The attorneys will need funds to hire investigators, obtain trial transcripts on short notice, file motions with the court, and be 110% prepared. The media used the last trial to criticize the government and support medical marijuana laws. Let's make sure we give then another good show. The New York Times already ran an article on March 3rd specifically about the vindictive prosecution.

We need your help in this fight. Please join us in standing up to the government for patients' rights and to keep medical marijuana legal in California. Visit http://www.green-aid.com for more information. PLEASE CONTRIBUTE, WE NEED TO WIN THIS FIGHT.

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