In December, without fanfare, I was handcuffed and ruthlessly deposited on the well-worn trail of justice. The trip thus far has only been verification of what I already know: The Justice system isn't doing what it was designed to do and it's spending a lot of money not doing it.
I
have never before been the target of law enforcement and in fact,
should not be standing in line for justice now. As you know, while healing
from heart surgery, I was arrested and charged with "THC Possession"
by the state of Wisconsin, despite a state statute
that should have protected me from such foolishness.
Between WI
Statute 961.41 ** and
the *** 10th
Amendment to the U.S. Constitution, a trial should be the last thing on my mind. When I lived in Berkeley in 2002, Dr. Mike Alcalay [CA] confirmed
in writing that marijuana raises my quality of life, and in Wisconsin that's
supposed to be all I need to remain a law-abiding citizen.
But
the law turned out to be a moot point. On January 11th, in Eau Claire Branch #3
courtroom, I met Judge Gabler, who will be determining my future; and my
attorney, Bryon Walker, who will see it's done fairly. I was
impressed with them both. I wasn't as taken in by the system itself. I've
sat in courtrooms with other people many times, so the
choreographed-rote-perfunctory-ritual that has become the legal process doesn't
so much surprise me anymore as sadden me.
It
seemed a tremendously expensive waste for that busy courtroom and all it's
actors to have to stop and focus on me, however briefly. It would have
made more sense to me if we just showed the judge my doctor's order and a
copy of the law so he, as well as we, could get on with more important
matters.
Seems
that's not the way things work. I was told intake court wasn't a place
where I could simply show my documentation and the judge would
make it go away.
Instead,
apparently all we were there to do was enter my plea of "Not
Guilty", and even then the prosecutor kept assuring us that we didn't have
to enter a plea that day. In fact, up to that point, I was the
only one who did enter a plea. A wasted day in court? What's that all about?
My
attorney, Mr. Bryon Walker, took lots of time after court to explain all the
possible outcomes to me. The "Not Guilty" plea started
some kind of legal clock. Attorney Walker will speak to the DA's office to
see if they would rather drop the case against me or take it to a jury
trial. If the prosecutor decides to pursue the matter, the next time
I have to appear in court is February 28th. I'll keep you updated.
Mr.
Walker is prepared to see this through as long as the case 'stays
simple'. If it gets complicated, for costs, approximate $8 to 10,000, it's
possible my case could be used to make law in the Wisconsin supreme court so
that, in the future, this will not happen to other patients who
use cannabis to raise their quality of life. We'll see what comes
next.
I
am forever grateful for Mr. Walker's help. His services are
being provided, as far as I understand, by National and Wisconsin NORML.
Keith Stroup and Ben Masel, thank you so much for providing me access
to Attorney Walker.
ONE
LAST NOTE: I came to Wisconsin for a few weeks, but now I've been here for eight
MONTHS. The doctors are still adjusting heart medicine [yuk] and with the legal
system on my case, the time of my return home is uncertain.
Those
of you who do pray, please ask for blessings for my daughter's family.
They have been very patient, although my arrest has made my daughter feel
totally unsafe in her own home: Knowing it happens isn't anything like having it happen. One thing she'll never do again is let a cop inside the door
without a warrant even if he is 'just here about the dog.' :>)
Please
consider, when the law says you should be afraid enough of non-violent
cannabis users to lock them up, that is an inexcusable and hasty
generalization - Despite the fact that I admittedly appreciate marijuana,
I would never intentionally harm you nor your stuff - because
with or without pot, I am NOT a criminal. I'm just another victim of the drug war.
With
so much respect for all of you,
Kay Lee
2536 Harrison Street,
Eau Claire, Wisconsin 54703
PS.
Thank you all my readers, every one of you, for your interest in 'just
another drug war story' (which has been added to 'The Wall': Thank you November
Coalition http://www.november.org). I
have especially appreciated the interesting responses from you, all of which
I'll be sharing on my Cannabis Research site at https://www.angelfire.com/planet/cannabis
KAY
LEE'S CASE NUMBER 07 CM 69
https://www.angelfire.com/planet/cannabis/legal.html
FOOTNOTES:
*Wisconsin
Statute
961.41
allows the possession of a controlled substance with "a valid order
of a practitioner"
**Wisconsin
Statute
Section 961.32(2)(c)
provides that a person may lawfully possess a controlled substance in Wisconsin if
the person possesses the substance "pursuant to a lawful order of a
practitioner."
***Amendment
X
The powers not
delegated
to the United States by the Constitution, nor prohibited by it to the States, are
reserved to the States
respectively, or to
the people.
DEA
's Site on Schedule I drugs
http://www.dea.gov/pubs/csa/812.htm
EMAIL
Kay Lee
