cj#945> The feds tromp on California: a message from B.E’s wife…


Richard Moore

From: "B E Smith" <•••@••.•••>
To: "Richard Moore" <•••@••.•••>, [a very long list]
Subject: Friends
Date: Mon, 24 May 1999 14:03:02 -0700

Dear Friends:

        This is Mary Smith, BE's wife.  The court room scene for his
medicinal marijuana trial was very hard for everyone involved, except of
course the judge, and prosecutor.  They would not let him use proposition
215 as a defence.  In fact, the only defense they would allow at all was
some character witnesses.

  And because BE had people like David Michels, (San Francisco Lawyer) and
another lawyer named Nicole, a Doctor of Chiropractic Medicine,   a person
he had been designated as a care giver from LA,  (Sister Somya),  Martin
Lederer, Woody Harrelson, even one of the cops that was in on the bust and
the defense had subphoenaed gave BE a good character reference (whether he
intended to or not it came out that way).  And because BE's character
references were so good, there were 4 area's in character reference the
defense could use, but because he was getting such good references, the
judge even took out two of those, so what he had left were two things on
character references they would let the defense use.  They shut down
everything the defense tried to do, and allowed everything the prosecution
wanted.  So of course my husband was found guilty.  He is in Sacramento
County Jail.  

                        Xref:  3577809  Floor 4E   Pod: 3    Cell 14B
                        651 I Street  (as in eye Street)
                               Sacramento, Ca.  95841

        I don't know how many of you that I know, that this message is
going out to, but I would like to say this.  I have never been in my
husbands corner 100% where this pot issue has been concerned.  I do believe
sick people should be allowed to have it, but I have never been active in
supporting it, other than I voted for it.  But after seeing the injustice
done to my husband through the federal court in Sacramento, to me, the
issue isn't even the marijuana issue any more, its an issue of justice, and
justice was not done in this case.  As Woody Harrelson said;  not only was
justice blindfolded, she was raped, mutilated, abused, and I can't remember
all his exact words but he said it truly!  I am a Christian, and I would
say a pretty tradional christian, so you can imagine how some of my
thoughts went on the subject of marijuanna.  And many times my husband
tried to explain to me about the war on drugs, and I have to confess most
of the time I never got the message he was trying to get through to me.

  But let me tell you it got through to me in Sacramento this last week.
 What my husband did, he did not just for himself but for people like Todd
McCormick and Peter McWilliams, and he feels he failed them.  But he didn't
the federal government knew they were going to railroad him straight into
jail.  I would like to also add, that before the trial my  husband was
offered a plea bargain.

  They told him if he would plead guilty, he wouldn't get any jail time,
and his response was, NO COMPROMISE!  How could he plead guilty to
something that with all of his studying and his lawyers, through federal
and state statutes, and regulations, he was excepted by those laws.  How
could he plead guilty to something that legally he could and did do?  Some
have already said he should have plea bargained but how could that have
helped those that were coming behind him?  It wouldn't have, and he cares
very much for sick and dying people, as well as the healthy. He cares very
much for his country and for all of you out there.  He is not perfect, I
would never suggest that in any way, he makes mistakes like all the rest of
us, but I can tell you from living with him, he loves you people, and he
wanted to walk point for you.  He has never been in any of this for the
money, and for those of you who know us well you know how true that is!
 Because we have never had any.  Smile.  He gave his time and energy away
to I do not know how many people not just with his traffic classes, but to
countless people that called us on the phone, and alot of them were collect
calls.  His patience with it sometimes drove me nuts, I would say, can't we
have a life of our own?  Or why don't you go to work like a normal person
instead of sitting in the house working on law stuff, and talking to people
on the phone?

 But his heart was so in it, it was like to him he had no choice.  It was
all he could do.  And in my impatience, worry of the rent getting paid on
time, I did not have much compassion or patience with my husband.  But I
see it now folks, and I am willing to take over where he left off.  Please
write him.  Flood him with letters of love and encouragement, and God bless
you for loving and caring for him.                 

        Those of you who believe in praying, please pray for him.  

We love you all, Mary Gale Smith



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