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RustyWhite's Blog

by RustyWhite from N. Fort Worth

Last Post 9 days, 22 hours Ago


A federal judge in Sacramento sentenced Dr. Marion "Mollie" Fry and her companion, attorney Dale Schafer, to five years in federal prison for conspiring to grow and distribute marijuana on March 19. Fry, who used marijuana herself in connection with radical breast cancer surgery, and Schafer, who used it for back pain and a dangerous form of hemophilia, also provided marijuana to patients under California's Compassionate Use Act.


Fry, Schafer and family at August 2007 demonstration (courtesy indybay.org)But the Justice Department prosecuted the couple under the federal marijuana laws, leaving US District Judge Frank Damrell Jr. no choice but to impose the mandatory minimum five-year prison sentenced required under the law because they had more than 100 plants.

"It is a sad day, a terrible day," Damrell said during sentencing, adding that if it were up to him, the punishment would have been less. But he also criticized Fry and Schafer for refusing to accept a plea bargain that could have left them free. "You had the opportunity to resolve this case, but you wanted to soldier on, knowing that your kid would be left behind," he told the couple.

In a departure from normal practice on the federal bench and to the delight of supporters who packed the courtroom, Judge Damrell granted the pair bail, so they will remain free while their case is appealed. Damrell, who is also presiding over the Bryan Epis case and has granted him bail too, said the exceptional circumstances of the case create "serious issues that need to be decided by an appellate court." Among those, he noted, are Fry and Schafer's claim they were entrapped.

Drug War Issues

Politics & Advocacy

Federal Courts
Medical Marijuana
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Member Comments Total Comments: 14
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RustyWhite read my blog
Mar 29, 2008 | 7:36 AM

So once again states rights and the votes of the people MEANS SQUAT to our supposedly public servants???

"" BUT "" finally MANY are refusing to take the PLEA agreements, GOOD! If every American started refusing PLEA agreements while refusing to bow to the threats of those supposedly administering our justice! Our legal system would show just how disgusting and biased it has been manipulated in to, AND WOULD FOLD OVER NIGHT!!!!

terrellmom read my blog view my photos
Mar 29, 2008 | 8:04 AM

If every American refused the plea deal we would have even more children without parents. they should have taken the deal and stayed with their kid. Why were they growing it for distribution? and how did the authorities find out?

RustyWhite read my blog
Mar 30, 2008 | 8:59 PM

Plea bargains are away to scare people in to giving up their rights to a have there case decided by a jury of their peers!

Some times one has to make a stand, in their state the PEOPLE VOTED to make medical marijuana legal ( as have 12 other states ), they were growing it for those who needed medical marijuana. The feds refuse to accept the vote of the people! In time all those who are violating these people will answer for their biases and bigotry!:(

terrellmom read my blog view my photos
Mar 31, 2008 | 5:24 AM

I'd hate to be in their place because there's no way i could make that stand knowing it would take me away from my family.

RustyWhite read my blog
Apr 1, 2008 | 4:41 AM

terrellmom,

I would like to believe I could, but the reality is, if we all don't start taking a stand those coming behind us don't stand a prayer!Our silence and failure to stand has already stripped them of many rights and freedoms, I say no more!

terrellmom read my blog view my photos
Apr 1, 2008 | 5:10 AM

Rusty, my neighbors next door are what i beleve to be crackheads...they never sleep, 30 cars in and out of there every hour..beer cans everywhere. Now please tell me how it would benefit anyone for that crap to be legal? and as an xcop will you tell me what i can do..like should i go and talk to the police and have them watch the house? i'm afraid for my children and myself. when i went outside this morning around 4 and all was queit i could hear a generator running over there...are they cooking?? arghhhhhhhhh i hate crackheads!!

RustyWhite read my blog
Apr 1, 2008 | 5:49 PM

terrellmom,

How is it crack being illegal helping your situation now? As it is now there IS NO control over it. If we can eliminate the need and possibilities for anybody to make money off making it, then those cooking in homes, cars etc... wouldn't bother with it.

As for the beer cans, that’s not illegal, mail them an anonymous letter. Stating your HONEST concerns and fears and possibility of actions your considering, see if that changes the situation. But if you have no proof of wrong doing, other than a lot of traffic and beer cans I don't see where any officer can LEGALLY take any action, simply because they are bad neighbors, or at least showing no common courtesy to their neighbors. Could be many reasons for the generator, maybe they had their electric cut off? Do you smell a strong odor of ether?

terrellmom read my blog view my photos
Apr 1, 2008 | 7:00 PM

No i haven't smelled anything like that. the men and women that are coming in and out of that house (all day and night) ...some of them come out with their wallets in their hands. i've been around..i know what they are doing. one man that is staying there drives around in a truck that probably cost 40 grand and he doesn't work.

RustyWhite read my blog
Apr 2, 2008 | 4:27 AM

terrellmom,

While it appears you are PROBABLY right, I have seen nothing that would support probable cause for an officer to enter the house? It's not illegal to walk out of a house carrying your wallet, nor is it illegal for you or your family or friends to come and go anytime one wishes. Nor is it illegal to drive a new truck and not have a job, to many unknown factors. The guy with the truck could have gotten it from another, or up to his neck in debt, or had family leave him money. First I would try the anonymous letter, CLEARLY stating your concerns and POSSIBLE course of action. If that doesn't do it, call your police department express your concerns and justifiable fears, see what they suggest. They can use your information to justify a possible course of action.

Being bad neighbors is one thing, having probable cause is another. You have the right to express and address your concerns, but the law requires more than a guess or an assumption in order to protect and serve EACH AND ALL, as well as to protect " EACH AND ALL " of our individual rights and freedoms.

terrellmom read my blog view my photos
Apr 2, 2008 | 5:06 AM

Oh don't get me wrong, i know at this point there is not a thing that police can do because it's all speculation. Hopefully these ppl will not last long here in that house. The one guy who is in the wheel chair...he got run over in august but he was so drunk he doesn't know if the man driving his truck ran over him or if it was a hit and run...arghhhhhhhhh

RustyWhite read my blog
Apr 2, 2008 | 7:35 PM

terrellmom,

Sound like some real winners!:( Best of luck!:)

terrellmom read my blog view my photos
Apr 3, 2008 | 5:09 AM

Oh yea....wanna buy a house? Has many amenities...large back yard, lots of trees, crakhead neighbors. 3 bdrms....etc :) LOL

RustyWhite read my blog
Apr 4, 2008 | 6:17 AM

terrellmom,

I feel for ya!:( And I know how much you hate what is happening, that is why we must do some thing else that will help! What we are doing now, isn't helping you, is it?

Nobody knows what the final plan or policy will look like, but we must all face the reality what we have been doing is not working! Harming our people and families with BS policies as well as the effects of drugs on both the abusers and the non users, while turning our country in to a prison at the cost of ALL our freedoms and tax dollars isn't the answer either.

terrellmom read my blog view my photos
Apr 4, 2008 | 6:21 AM

No it's not helping, the drug laws are not helping. my fear, maybe you can say something to ease it, is that if things like meth and crack are regulated that the addicts will not feel the govt is giving them enough and that will just make them find something else. these crackheads stay so messed up that they do not function...would the regulators of crack give them enough to take them to that point in their life? or will it be that they are only allowed a litte bit..not enough to make them friggin crazy? i just don't see how legallizing anything other than pot would be beneficial.

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RustyWhite

Trying to use the truth and facts and common sense to find the answers that will save our people and all those who come behind us from this disgrace called the War On Drugs!

Member Since: 12/22/2006