Jovan Jackson of Answerdam Collective is a medical cannabis patient, navy veteran, and victim of two Operation Green Rx raids, part of District Attorney (DA) Bonnie Dumanis' effort to overturn Proposition 215 and eradicate safe access to medical cannabis in San Diego.
The first raid on Answerdam occurred in August of 2008, the second on September 9, 2009, the same day that over a dozen other collectives were raided in San Diego.
In December of 2009, Mr. Jackson was tried on charges related to the August, 2008 raid, and the issue went in front of a jury. All five medical marijuana counts were unanimously tossed out by the jurors. Charges related to the 9/9/9 raid however, have not yet been litigated.
Most in San Diego, as well as around the state that followed Jackson's trial were certain the DA would not continue with the prosecution. Dumanis' office however, maintains they intend to proceed with their full prosecutorial might.
Much like the first trial, Jackson intends to fight vehemently against these charges and on February 8th 2009 at his preliminary hearing for the second trial, Lance Rogers Attorney for Jackson, will argue a motion to dismiss the case based on prosecutorial discrimination; otherwise known as a Murgia Motion.
The defense is claiming that Jackson has been deliberately singled out for prosecution on the basis of his race. Jackson argues that the Cross Jurisdictional Narcotics Task Force (NTF) has been investigating Mr. Jackson for two years and as the motion describes, "at least ten (10) non-black suspects actively involved in the possession, sales, distribution, and transportation of marijuana" were also investigated, yet no charges were brought forward nor any other suspects prosecuted.
The motion goes on to read "When Answerdam was raided in 2008 and 2009, non-black individuals were detained at the scene. However, only the black members were arrested and prosecuted. Law enforcement obtained detailed registries listing all 1,649 members of Answerdam. The only persons charged by the DA's office are black males".
The defense argues that in addition to the prosecutorial discrimination, the DA's office investigations and prosecutions of medical marijuana patients are discriminatory by design. Whereas over a dozen other medical marijuana collectives were raided on 9/9/9, of those arrested, only two individuals have been prosecuted in State Court. The motion reads "The District Attorney's Office has offered no explanation as to why these two black men are the only persons currently being prosecuted".
Will the judge find racism and discrimination in the DA's office / NTF?
On the 11th of February at another hearing, Jackson's attorney will argue Colleteral Estoppel; also known as 'Double Jeopardy'. That day, the court will be asked to consider that a "later prosecution will necessarily entail a grossly absurd and unjust result", as Mr. Jackson has already been vindicated of all charges related to operating a legal medical marijuana collective.
Finally, on the 19th of February, Mr. Jackson will go to court for the third time this month to argue a Return of Property Motion. The defense will request the judge to order the return of all property stolen from Answerdam Collective by the NTF at during the August, 2008 raid.
Many thousands of concerned citizens in San Diego are hoping the Judge will see through the vindictive prosecutorial discrimination as well as the collateral estoppels brought on Mr. Jackson and dismiss the second case against him, as well as return the stolen property.
It is an outrage that Mr. Jackson faces a second trial while some white victims of the September 9th 2009 raids are receiving orders from judges to get their stolen property back.
I caught up with Mr. Jackson a couple weeks ago at Answerdam Collective where he said "DA Dumanis and her team of lawyers and narcotics officers seem to be dedicated to overturning state law, but I will fight as long as it takes for both mine and Answerdam Collective member's rights".
Thousands of dollars are being spent on vindictive, prejudicial prosecutions, that are politically motivated. Will Bonnie Dumanis learn to respect state law, or will the jury have to convince her multiple times that the prosecutions need to end?
The community is grateful to Anserdam Collective for helping to provide safe access to medical marijuana in San Diego, as well as to Mr. Jackson for standing up for our rights.
www.safeaccesssd.org
No comments:
Post a Comment