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11 to 1 to aquit but it's Re-trial for MMJ Patient Nathan Archer.
by Nathaniel D. Archer (ndasummer [at] hotmail.com)
Thursday Jan 17th, 2008 12:55 PM
Prosecutorial misconduct and malicious prosecuting at it's finest, as displayed by 'San Diegos Finest'.
My name is Nathan Archer,

I am a medical marijuana patient and born and raised in San Diego. Last year,(2007), I went through a jury trial that ended up with the numerical breakdown being 11 to 1 to acquit on both counts alleged against me. This year, (2008), I am being re-tried for the same crime that was alleged against me. My next trial will be set on Jan 22, 2008 Division 11 8:30 am at the Superior Court of San Diego Central Division,(the one on Broadway).
Below is a summary of my case, highlighting most of the events that ocurred, it is a condensed version yet still a bit lengthy. Thank you for taking the time to read it.

The following include the alleged charges against me and supportive evidence not only of my innocence, but including some of the prosecutorial misconduct and malicious prosecution exhibited by the County of San Diego.

Misconduct: Detective Schuyler Boyce

During the telephonic request for a search warrant there was no referrance that the marijuana garden found at my residence potentially could be a legal medicinal marijuana garden. Supportive evidence: The Superior Court of the State of California, County of San Diego, North County Division Telephonic Search Warrant Index No. 133-06: Pages 1 - 4

During his investigation there was no referrance that any neighbors stated there was excessive trafficing at my residence. Nor did Det. Boyce claim to have found any scales, baggies, credit or debt lists, phone numbers/calls, or any typical "drug dealeing" elements.

There was evidence that the marijuana garden at my residence was a medicinal marijuana garden. Detective Boyce reported that there was a statement of such on my garage wall and cards referring to "MEDI-CLONES" and the statement by Denk that I was growing for "sick people".

Quoted from Det. Boyces' Investigator's Report Subject: Notify Warrant For Archer

"... On the garage wall I found a Medical Cannabis form letter, it did not include a name or signature."

Det. Boyce aslo stated in his report:
"On April 11, 2006, I talked with Denk on the telephone. Denk stated that she had recently talked with her son, Nathaniel Archer. Archer had told Denk that it was OK for him to grow marijuana because he provided it to sick people..."

Det. Boyce claimed to have "found 98 marijuana plants in seperate containers, in the southwest bedroom." He or other officers took pictures of the plants in the Southwest bedroom but the pictures do not show anywhere near 98 plants, instead the pictures show 30 marijuana plants as stated by Officer Pam Rowlett. Supportive evidence: The Superior Court of the State of California, County of San Diego, North County Division Telephonic Search Warrant Index No. 133-06: Page 2

All these facts yet the self proclaimed Expert on marijuana cultivation and possesion for sales Detective Boyces' last statement on his Investigator's Report is: " Based upon the evidence discovered I request Nathaniel Archer be charged with the above listed charges. " Detective Boyce was referring to CA H&S 11358, 11359.

Misconduct: District Attorney Robert Bruce

Count 1. ) Cultivation of 98 marijuana plants. {alleged violation of CA H&S Code 11358}

The District Attorney acknowledged I was a qualified, verified medical marijuana patient to the court.

Ipso Facto, I can not be held criminally liable for the criminal charges alleged against me.

Supportive Evidence: CA H&S Code 11362.765. (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.
CA H&S Code 11362.77(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

Evidence of the D.A.s malicious prosecuting:

D.A. Bruce charged me with cultivation of 98 plants, according to the Superior Court of the State of California, County of San Diego, North County Division Telephonic Search Warrant Index No. 133-06:
SDPD patrol officer Pam Rowlett ID # 6096 arrived and "discovered approximately 30 planted marijuana plants......." She was later confirmed by Detective Schuyler Boyce.

Supportive Evidence: The evidence submitted by the prosecuting attorney included pictures of all of the plants found at my residence, showing much less than 98 in fact it was much closer to 30, like the SDPD officer estimated on the report.

Count 2. ) Possession of 780 grams of processed marijuana. {alleged violation of CA H&S Code 11359}.

The prosecuting District Attorney admitted I was a valid medical marijuana patient.
Ipso Facto, I can not be held criminally liable for the criminal charges alleged against me.
Supportive Evidence: CA H&S Code 11362.765. (a), CA H&S Code 11362.71(e) and CA H&S Code 11362.77(b).

The D.A. Bruce supplied a blown up picture of a baking dish with marijuana leafs,(not flowers), which he referred to as "processed marijuana". None of the plants in the pictures displayed signs of flowering and there were no flowers found at my residence.
Supportive Evidence: CA H&S Code 11362.77(d), ..only the female flowers or plant conversion are to be considered when determining allowable quantities

Evidence the DA willfully disregard the law:

When the jurors were dismissed they had an opportunity to ask and answer questions with the prosecuting and defending attorneys. The prosecutor, Robert Bruce, was asked the same question three times by different jurors. Finally, the third time, it came at him point blank,"When you learned that Mr. Archer was a valid Medical Marijuana Patient, why did you continue prosecuting him?" San Diego County District Attorney Robert Bruce threw up his hands and replied," Well personally I think this whole medical marijuana thing is a bunch of poppycock." and walked away. (this was witnessed by the remaining 11 jurors, my counsel, Mr. Reyes with his counsel and myself.)


Misconduct: Judge Margie Woods

The judge, before instructing the jury, allowed in their absence, CALCRIM to be modified with CALJIC, ( According to Related California Jury Instructions, Criminal (CALJIC)
The CALJIC and CALCRIM instructions should never be used together. While the legal principles are obviously the same, the organization of concepts is approached differently. Trying to mix the two sets of instructions into a unified whole cannot be done and may result in omissions or confusion that could severely compromise clarity and accuracy.). Supportive evidence is CALCRIM No. 200 where she made the adaptation she would be providing 2 copies to the jury.
The Judge would only allow California Health and Safety Code 11362.77 a) and would be excluding b),c),d),e)and (f). [ An effort to convince the jurors that I was cultivating in excess of the law and the leaf I had was to be considered as processed marijuana.]

The prosecuting D.A. had already acknowledged to the court that I was a legitimate medical marijuana patient, therefore; have no support for a case against me. The jury declared they were deadlocked at 11 to 1 on both counts in my favor.
The Judge, [disregarding of the laws that I am protected by CA H&S Code 11362.765. (a), 11362.71(e), and 11362.77(b)], declared a mistrial.

Plea of: Nathan Archer

The law is the law and until it is changed it is to be obeyed as the law, but San Diego County is not only disregarding the law, { as my case clearly shows}, they're making their own as well. Recently the Mayor of the City of San Diego, showing support for the will of the people, submitted an 'amicus brief' yet the County continues wasting tax dollars with its attacks on innocent patients like me.

I am requesting your assistance in organizing a class action law suit against San Diego County. Including but not limited to Qualifiable Medical Marijuana Patients, their Care Givers, their Doctors and non-patients land owners who have had their freedom and/or property threatened to be seized or seized by San Diego County.

We can get organized and unite. It isn't often that we have a case so maliciously prosecuted with such clear prosecutorial misconduct to work with.


Please contact me with your suggestions at:

ndasummer [at] hotmail.com

Peace,
Nathan Archer.

(Here are a few links to articles about my case so far.
http://cbs2.com/local/Medical.Marijuana.Riverside.2.522330.html
http://sandiego.indymedia.org/es/2007/02/125106.shtml
http://sandiego.indymedia.org/en/2007/07/127029.shtml )

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A few shots of NathanNathan ArcherSunday Mar 9th, 2008 11:30 AM