MY DAY IN COURT: The Final Update

STATE OF WISCONSIN Plaintiff vs KAY LEE Defendant
Case No. 07 CM 68
THC Possession

Judge: Hon. William M. Gabler
721 Oxford Avenue
Eau Claire, WI 54703

Gary J. Schuster
Assistant District Attorney for Eau Claire County
721 Oxford Avenue
Eau Claire, WI 54703

Defense Attorney Bryon J. Walker
State Bar # 01001112
101 North State Street, Suite 3
P.O. Box 10
La Farge, Wisconsin  54639
(608) 625-4321

Defendant pled not guilty re Wisconsin Statute 961.41(3g) on January 2nd 2007, and prepared to ask for speedy jury trial. Defense Attorney filed the following:

LETTER TO JUDGE GABLER
MOTION FOR DISCOVERY AND INSPECTION
DEMAND FOR DISCOVERY AND INSPECTION
MOTION TO SUPPRESS WARRANTLESS SEARCH OF RESIDENCE
MOTION TO DISMISS UNCONSTITUTIONAL STATUE: RELIGIOUS FREEDOM
MOTION: SCHEDULING
MOTION TO DISMISS UNCONSTITUTIONAL STATUTE:  MEDICAL USE
MOTION TO DISMISS: STATUTORY AUTHORIZATION
DEFENDANT'S BRIEF IN SUPPORT OF MOTION TO DISMISS: UNCONSTITUTIONAL STATUTE: MEDICAL USE

Defendant says valid Marijuana prescription gives her protection under Wisconsin law.  Prosecutor says 'THC' in Wisconsin law refers to Marinol, not the plant.  Defense Attorney counters that THC is THC, whether in pill or plant. 

Perhaps the case was winnable: Prosecutor made an offer he apparently hoped I wouldn't refuse:  THC Possession charge dropped to a city ticket (which does not allow for jury trial).  Also no probation, no jail time, no serious criminal record. If I take his offer, the ticket's usual cost of $400 + court costs will be reduced to $50 plus cost. The court will even give me until April 27th to pay it.

Considering the fact that I do not have $10 to 15,000 for attorney fees; have been leaning on my daughter for almost a year while trying to recover from heart surgery and arrest, and really need to get home, I took his offer.

Judge Gabler's final words to the DA:  "Incinerate the evidence"-  meaning they burned my medicine.  If we keep pushing for a change in the law, perhaps one day that will be illegal.

Future plans?  Get home as quickly as possible. Put all this online.  Update MTWT. Do Operation Wipeout for Dallas County Jail.  Educate enough people to change the law. 

Fine: $50 + Court Costs $136 TOTAL: $186 Due 4/27/07
Understanding I did nothing to deserve it and as much as I dislike doing it, I have to accept any help that may be offered to help me pay off this debt.  Jails are so overcrowded with people like me that they will no longer let people sit three or four days and pay off the fine.  The court has limitations on how many hours of community service I can do per week; the doctor has limitations on what I can do after heart surgery, and with no transportation, 27 hours community service service work could take me months.  Should you decide to help me pay any part of this fine, I can't offer to pay you back in cash, but am handy in many other ways. Let's talk.

And if you are one of the rare ones who can afford $15 to 20,000 for attorney fees to clarify or change a law, I'll be glad to come back to Wisconsin and try this again with Attorney Walker representing me.

Any suggestions concerning our motions, or any new angles you know of would be appreciated.

You may leave a message for me at 715-577-6430, email me at kaylee1@charter.net or write me at:

Kay Lee c/o Schlomer
2536 Harrison Street
Eau Claire, Wisconsin 54703

Thank you,
Kay Lee

MY CANNABIS ARREST
https://www.angelfire.com/planet/cannabis/legal.html

EMAIL  Kay Lee