Legal “Dream Team” to Represent Medical Marijuana Activist on Federal Assault Charge

For Immediate Release: August 1st, 2012

Legal “Dream Team” to Represent Medical Marijuana Activist on Federal Assault Charge

Jose Gutierrez was brutally arrested as DEA agents raided Oakland’s Blue Sky dispensary

Oakland, CA – Medical marijuana activist Jose Gutierrez was brutally arrested in April as the Drug Enforcement Administration (DEA) raided Blue Sky, one of Oakland’s four permitted dispensaries. Mr. Gutierrez, who is facing federal assault charges, is appearing in court on August 1st at 2:30pm for the first time after retaining J. Tony Serra to lead his defense team, which also includes E.D. Lerman and Omar Figueroa.

Mr. Serra was named one of the “ten best criminal defense attorneys of the century” in 2000 by the California Attorneys for Criminal Justice.

Mr. Gutierrez was arrested on April 2, 2012 while peacefully protesting the DEA raid on Blue Sky, one of the locations affiliated with Oaksterdam University, which was also raided that day. Mr. Serra, who is known for his vigorous posture in the courtroom, said he “believes the federal government acted outrageously in both their attack and their hostile arrest of Mr. Gutierrez.” Mr. Serra’s first appearance representing Mr. Gutierrez will be before federal District Court Judge P. J. Hamilton.

Advocates and supporters claim that Mr. Gutierrez was a victim of what the Oakland Police Department itself referred to as a poorly executed raid. A Freedom of Information Act request by MUCKROCK.com shows the Oakland Police Department felt the raid had poor communication, no clear central command and lacked an exit strategy. Furthermore, the failure of law enforcement to properly secure the area is what led to failed crowd control.

According to Figueroa, “Mr. Gutierrez was exercising his First Amendment rights by speaking out against federal officials engaged in nullifying California law and ignoring the will of the People of California. He was targeted because of his activism and idealistic and passionate views opposing the federal prohibition of cannabis for medical use.”

”The police in this case were derelict in their duties and failed to properly execute this search warrant,” said Mr. Serra. “Their lack of preparation, communication and control led to Jose Gutierrez being the victim of an unnecessary and brutal attack, and he committed no crime.”

Ms. Lerman believes that Mr. Gutierrez is “an innocent man shoved like a domino in a crowd of unpleased protestors and overzealous federal agents.”

Attorney Omar Figueroa called for any witnesses to the police attack on Mr. Gutierrez to contact the defense team. “If you or anyone you know witnessed any police misconduct against Mr. Gutierrez, please let the defense team know at 707 468 8300.”Blue Sky remains closed after the April raid, despite its strict compliance with local and state medical marijuana laws, and despite strong opposition from advocates and public officials alike.

Any questions or information regarding this case should be addressed to the law office of E.D. Lerman via email at edie [at] lawyer.com.