A group is going to try and get the South Dakota Legislature to adopt a bill legalizing medical marijuana.  The following is from Bob Newland about that effort.

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South Dakotans for Safe Access will bring an item before the legislature in the 2009 session. We want sick, disabled and dying people to be able to use cannabis to alleviate their conditions. We want the legislature to remove law enforcement, as much as possible, from interfering with doctor/patient relationships, except in cases of real criminality.

Denying effective medication to people who need it is unspeakably cruel. Yet, that is exactly what South Dakota law does. A government acting in this manner can not call itself civilized.

The therapeutic benefits of cannabis are undeniable. The question is: How can South Dakota lawmakers recognize this fact in law while not creating a legal mess worse than the current situation?

The voters want sick, disabled, and dying people to have access to medicine that works for them, even if it is cannabis. Yet federal and South Dakota law proclaim there is “no medical use” for cannabis.

Here are some scientific facts about cannabis:

1. There is no record in medical history of a person dying from ingestion (by any method) of cannabis.

2. There is no record in medical history of a cannabis-only (no tobacco) smoker contracting lung cancer.
The implications of this are enormous. Several studies have shown that THC (tetrahydrocannabinol) shrinks tumors in mice, or averts their incidence. The fact that cannabis-only smokers have a lower lung cancer rate than the general population suggests something. Perhaps further studies are necessary?

3. Four major US government studies have concluded that, at the very least, therapeutic benefit appears to accrue to some people for some afflictions. They recommend further study. Dozens, maybe hundreds, of “minor” medical studies have confirmed the benefits of cannabis for several specific afflictions.

4. The Drug Enforcement Administration (DEA), at the direction of the White House, will not allow scientific study into cannabis therapy, because Congress says cannabis has “no medical value”.

5. For over 20 years, the FDA has sent 300 rolled cannabis cigarettes per month to each of six patients in the United States.  The George H. W. Bush administration instituted the Compassionate
Investigational New Drug Studies, program which administered govt.-grown cannabis to people who applied and were accepted. 22 people were accepted for cannabis studies. Of those, 6 are still alive (Remember, these were nearly all seriously ill people; most lived far beyond their prognoses because of cannabis, their doctors say.)

Clearly, the federal government is of two minds about therapeutic use of cannabis.

South Dakotans pride themselves on their good common sense. Its existence was demonstrated in the 2006 election, when 48% of the voters agreed with us that sick, disabled, and dying people should not be prosecuted for trying to feel better with medicine that works for them.

The quandary, we believe, lies in what some perceive as a conflict between federal and state law if, say, South Dakota were to statutorily allow patients to possess cannabis if their doctor thinks it might help
them (the same standard as for the opiates oxycodone or percocet).
 
Our position is that South Dakota law enforcement is under no obligation to enforce federal laws. If the DEA wants to go to Chamberlain and drag a wheelchair-bound paraplegic to jail for using cannabis to extend his life, there’s probably not much we can do, but we don’t have to assist them. It is cruel to do so. We’d like to make it illegal to do so, thus removing any question from the minds of law enforcement agents.

13 states have now passed legislation allowing patients to possess and use cannabis, if they have a doctor’s recommendation. In fact, the 48%-52% vote in South Dakota in 2006 was the only time medical cannabis has appeared on a ballot in the US without passing.

We propose that the South Dakota legislature discuss and pass a law:

Providing for patients to possess and use cannabis, if their doctor recommends it. The law also needs to provide for either the patient or a caretaker to grow cannabis for the patient. It also needs to provide for
an affirmative defense of medical use for people who use cannabis medically but have not yet acquired a doctor’s recommendation at the time they were accused.

You can see SDSA’s model law at http://www.sodaknorml.org/sdsa_files/081120ProposedBill.htm

This is the language we proposed in the initiative that got 48% of the vote in 2006. We’re willing to work on it.

The Tom Faltynowicz case (see accompanying sheet) illustrates graphically why this needs to be done. It is just wrong to place police officers, prosecutors and judges in the position of having to choose
whether to do the right thing or to treat sick people like the criminals the law says they are.

http://www.sodaknorml.org/Falt/falt.htm#sentence

A respected Rapid City physician said, under oath in a Sturgis courtroom, “Smoked marijuana is essential to Tom Faltynowicz’s therapy.”

The conflicts that arose during the Faltynowicz case are present, to a lesser degree, in many other prosecutions in South Dakota. This is not a good way to administer justice.

We are confident that a majority of South Dakota legislators will agree that it’s not a good way to administer justice, and will act to withdraw South Dakota’s support for the federal government’s war on
sick, disabled, and dying people.

If you support our position, or have any suggestions on how to make our proposed legislation better, please contact us right away.

Very best regards,

Bob Newland
South Dakotans for Safe Access

You read it here first—Dan Nelson and Chris Tapken were indeed indicted in the Southern District of Iowa Federal Court today.

The Argus Leader has the details.  An excerpt:

A lengthy indictment filed Wednesday in an Iowa federal court accuses the politically connected ex-car dealer Dan Nelson and business partner Chris Tapken of defrauding several banks, causing an estimated $21 million in losses.The 28-count indictment alleges Nelson and Tapken routinely created false reports, which gave MetaBank and other participating banks undue confidence in the health of their subprime car loan businesses….

The bill of particulars is pretty long. They screwed a number of local banks. No comment so far on the indictments from Dan’s good friend Sen. John Thune, who served on the MetaBank board of directors during his time in the wilderness between his House and Senate gigs.

A triple homicide in my old hometown of Yankton over the weekend, possibly over young adults, loud music, and a nut with a gun.

There's a Black Hills area murder trial featuring a defendant named Chari Miranda.

Of course everyone has heard of the Miranda case (also named after a defendant named Miranda) whereby the U.S. Supreme Court said police have to give criminal defendants certain warnings about waiving their rights against self-incrimination.  This is known as the Miranda Warning, or Miranda Rights or in police parlance, Mirandizing the defendant. 

It's also a staple of all TV cop shows.

So, wouldn't it be ironic if the cops didn't give Miranda rights to someone named Miranda?  (I don't think this is an issue in the case.  I am just postulating for humor's sake.)

Imagine the arrest:

"Hey, Miranda!  Here are your Miranda warnings.  But I don't have to tell you that as you're already Mirandized, right?  Born that way, huh?" 

With an insurance settlement in place and not much else in the press lately about NSU Prof. Morgan Lewis' murder, SD Watch received his comment today on an earlier story from an "APD Officer 264":

Let me tell you from actually working on the case that it leaves very little doubt that this was in fact a murder. even the Coroner ruled it a homicide. A suspect had a motive and knew facts of the case that were never relased to the public. I read the report. I worked on the case. I dealt with the suspect. I like many other officers still feel that it was murder, not suicide. But 2 murders on NSU would look bad in the press and enrollment would drop. A suicide and an accicental death look a lot better to prospective college students than 2 murders with no arrests.

I have no idea if this commenter is a real cop in Aberdeen or someone yanking our chains. But it does seem have a ring of truth to it.

Regardless, Prof. Morgan's death never seemed to add up fact-wise. It wouldn't be the first time a spin was put on tragic events in the name of commerce or institutional image.

Technorati Tags: Morgan Lewis, Aberdeen, South Dakota, Northern State University, NSU, murder, unsolved murders

Barack Obama’s campaign website has an incredibly powerful and innovative area called my.barackobama.com.

It is a social media site that is every bit as powerful and connecting as Facebook.

You can start a blog (Heck, what’s one more? Todd Epp’s Barackified Blog), find fellow Barackites, join various Barackian groups (My personal favorite: Bruce Springsteen Fans for Barack), and it’s even competitive. You earn points for being active on the site.

I’m currently in the 116,000s or so, but climbing fast. Who says progressives and Democrats don’t like competition?

Whether you like Barack or not, if you’re at looking political website design and getting supporters involved, the Man Crush is definitely in the realm of 2.0.

Technorati Tags: Barack Obama, political websites, web 2.0, blogs, social media

Sorry for the late posting. The jury came back in my federal drug conspiracy criminal case late Thursday night. I was wiped out Friday and mostly slept.

Anyway, the jury convicted my client of the greater offense of conspiracy to distribute 50 grams of crack cocaine. Two of the other defendants were also similarly convicted but one of the defendants was acquitted on all charges. That’s good for him—he goes free—but makes my job on appeal to the 8th Circuit more difficult as the jury obviously considered the evidence separately as to the four defendants.

Even though the feds have a conviction rate of 97% or so, I really thought my client had a chance. Four eyewitnesses could not identify him in court. Countless others didn’t know his name. Still others never mentioned his name.

Frankly, I thought I gave a really good closing argument that wove the facts and my theme—that these cases are like Play-Doh where the Governments stretches things to make whatever they want. I thought I had an attentive jury.

But that’s not how 12 citizens thought it went. I have to respect the jury’s decision. That’s the basis of our system of justice.

However, that doesn’t mean I don’t think they’re right.

All the attorneys in the case did a great job—John Haak, the Assistant US Attorney, put on a well organized case. He was nothing but a professional and a gentleman. I can’t say enough about fellow defense attorneys Dave Pfeifle, Mike Hansen, and Tom Wilka. They all fought hard, fought fair, and with passion and intelligence. Dave actually got his guy off. It was a pleasure litigating with all of these attorneys. I also learned a lot from them that I have put in the back of my mind for my next trial.

So, I’ll be filing some post-conviction motions and a appeal. We’re not done yet!

Meanwhile, Monday, it’s also back to my other clients and their needs.

I probably enjoyed trying this case more than any other case I’ve had. When you are in the courtroom fighting for someone’s life, it is both serious and exhilarating. Even though I disagree with the result, it is a marvelous process and I am reminded that I work in a noble profession.

Technorati Tags: criminal law, federal district court, drugs, conspiracy, law, lawyers

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Sorry for the lack of updates on my big federal drug conspiracy case. I’ve been working literally night and day in preparation and researching issues. Plus I’ve had other issues in my practice to deal with.

I’ll provide more of an update later. Suffice it to say the case is in the hands of the jury right now (5:50 p.m. CT). They’ve had it for about two hours. I’ve been instructed to stay in town in case the jury has questions or they come in.

I feel good about my client’s chances but we’ll see.

Technorati Tags: criminal law, drugs, federal district cout, law, lawyers, trials Sphere: Related Content

Last Friday was Day 2 of Todd's Big Trial in federal district court.

And it was another good day.

The Government's star witness really didn't deliver the goods as to my client. I'll just leave it at that.

The Government also had some problems with a controlled drug buy. I'll just leave it at that.

Another Government witnesses of, shall we say, a checkered background, said she wanted to do a controlled buy out of sense of citizenship.

OKFineThen.

The trial is probably going to last at least a day longer than hoped as the direct and cross of witnesses is taking a little longer than expected. Or at least as the judge expected.

More fun tomorrow!

Unfortunately, I'll be missing out on much of the election coverage of the SD Primary as I'll be getting ready for trial and finishing up some other work.

Technorati Tags: criminal law, crime, federal district court, lawyers

 

All the trial techniques literature and studies I read say that jury selection is the most important part of the trial. Frankly, however, it is often the most overlooked by attorneys. I’m probably no exception, though each time I pick a jury, I prepare more and more and try to devise a strategy going in.

But there is also a practical problem. How do you track all the comings and goings of jurors in the pool? In USA v. Ayodele, et al, Todd’s Big Case (I’ve changed the name from Anatomy of a Criminal Case), we had at least 30 prospective jurors prior to preemptory strikes. We also had a lot of prospective jurors coming and going because of challenges for cause before that.

So, how to track that?

I’ve used everything from boxes on a legal pad (not enough room and too messy) to using small Post-It notes on a legal pad (neater but still too small).

So, this time I used a 16” x 16” magnetic dry marker board and small Post-It notes. I used one color for the initial pool of jurors and a different color for jurors who were struck for cause. I could hold the board in my lap and carry it to the podium for my turn at voir dire. I also could make the names big enough so I could read them and address a prospective juror by name. I also had enough room for some key notes about the juror’s responses.

I still didn’t quite have enough room for all the juror names but it worked pretty well. I’ll probably use it again for my next jury trial but with a few tweaks.

The prosecution used a modified system that seemed to work pretty well too. They had a large sheet of heavy paper with boxes drawn on it. They would then use one color of Post-It notes for new jurors then another color for jurors who were struck in preemptory strikes.

Thank God for Post-It notes! They are so useful to attorneys for not just this but for marking passages in documents or key points on legal pads.

 

Technorati Tags: Post-It notes, voir dire, trial techniques, jury selection, dry marker boards, federal district court, criminal trials, jury trials

A pretty good first day for a trial.

My colleague Dan Fritz pulled a legal rabbit out of hat to start things. I found a major untruth in the grand jury transcripts we just received. Basically, his client was indicted based on false information. Dan made a great argument before trial and his client walked out the door a free man.

Let me tell you something. That doesn’t happen very often. The Government can still recharge his client but as far as great results go, that’s about as great as they get.

Dan did some marvelous lawyering. I’ve known Dan since 1997. It was fun to witness him get this incredible result.

As far as motions in limine went, well, we defense counsel lost most of them like we thought. Better to have moved and to have lost than to have never moved at all, I guess.

Jury selection took longer than expected. Judge Piersol did a very thorough job. I introduced my “theme”—that the Government’s conspiracy case is like Play-Doh—you can mold Play-Doh into just about anything, including a conspiracy case.

I enjoyed the voir dire process. It’s kind of a game to try and coax complete strangers to be brutally honest about their beliefs—but vitally important.

The jury is actually quite a bit younger than I thought we were going to get, considering how old many of the jury wheel members were.

We got through opening statements and the Government started putting on its case in chief. My client seemed to like both my voir dire and my opening statement. When I get time, I’ll post it.

Daughter Sarah, my temporary legal assistant, was a real trouper. Whenever the prosecutors objected during my voir dire or opening statement, she would get really mad. At the breaks she told me how much it ticked her off. I told her it’s all part of the gamesmanship of trial—I try to see how far I can go making argument and inserting personality into the process (and a few shots about the Government’s case) and the prosecutor tries to limit that to just the facts, ma’m.

I’m pretty philosophical about those things now; my daughter wants to roll up her sleeves and go belt someone. I like that fire. But I also have to think straight and be dignified as well. Can’t do that when you’re an angry attorney.

She was also a good sounding board about what seemed to be working and not working with my presentations and cross examinations. I told her this was a time she could be brutally honest with her old man. And she has been. And it has been helpful.

Driving to the federal courthouse, she asked me about the trial. She asked me about who would be witnesses against my client. I said, “A lot of crack cocaine addicts.” Her response was straight forward. “Dad, everyone knows crackheads lie.”

Might just save that one for closing argument.

More Government witnesses tomorrow. The government will probably call over 20 people. Don’t plan to be a lawyer, witness, judge, juror, federal marshall, defendant, or court staffer without a iron bottom to take all the sitting.

Off to bed!

Technorati Tags: federal court, criminal law, crack cocaine, lawyers

Less than a day now until The Big Trial.

So many things to do, so little time.

As much work as a trial like this is, it is also kind of fun. (Yes, we lawyers have an odd idea of what “fun” is.)

Every once in a while, I like a good fight. There’s hardly a bigger fight than trying to keep your client from going to prison for a long time. It’s fun to box with a worthy opponent like the Government. You throw some punches, land some punches—and take more than just a few.

It’s kind of like playing in the big game. Very exciting.

There’s also kind of a Zen aspect to a big case like a federal criminal case. Life becomes very focused. My life right now is eat, sleep, work on criminal case, see family, repeat. Unfortunately, my friends’ calls and emails go unanswered or answered late. My colleagues at Galland Law Firm have been gracious to help me with my other clients and their matters while I am eyebrow deep in this case.

Most of the time as a general practice lawyer like me, you can’t focus for long on any one thing as you have a diverse and demanding caseload.

A big case like this is sort of a luxury to think about just one thing.

But boy, when this is done, I’ll have a backlog of phone calls and emails to deal with!

Back to work!

Technorati Tags: trials, criminal law, federal district court, drug cases

I’m looking forward to HBO’s movie of the stealing of the 2000 Presidential results in Florida that has since inflicted seven years of agony on America via the Bush Administration. Here is a review and clip of HBO’s Recount, which premieres this weekend.

Technorati Tags: Recount, HBO, 2000 election, George W. Bush, Al Gore, theft

The Pierre Capital Journal reported yesterday that pro-life Republican former legislator Ted Klaudt is appealing his criminal convictions for raping his foster daughters.

Apparently he’s sorry—but not THAT sorry.

An excpert:

PIERRE — Convicted rapist and former state lawmaker Ted Klaudt filed appeal documents with the state Supreme Court late Wednesday morning.

Supreme Court documents obtained by the Capital Journal show Klaudt plans on appealing all four counts’ judgments and convictions of second-degree rape charges.

Hat tip to The Gribble Report for spotting this.


Technorati Tags: Jabba the Hut, Jabba the Klaudt, The Gribble Report, Ted Klaudt, pro-lifers, Republicans, rapists, South Dakota Supreme Court

Here is the very latest on Roger Clemens’ testimony before Congress today on alleged steroid and HGH use.  Click to refresh or check back often!