Eddy Lepp Plans A Religious Defense

Eddy Lepp Plans A Religious Defense

Ann Harrison's Blog Entry

San Francisco, CA Feb. 26, 2005 -- Interviewed inside the Santa Rita
Jail last night, Eddy Lepp said he will represent himself in court to
fight federal marijuana cultivation charges that could condemn him to
five life sentences. Lepp will argue that his cannabis crop, seized
twice by the DEA, was not only lawful, it was an expression of religious
freedom.

"It's the only thing that can save me," said Lepp. "Those sons of
bitches have violated my church."

Lepp says that in 1996, when his wife was struck with thyroid cancer and
underwent surgery, he smoked a joint at the base of a large pine tree
and made a deal with God. "I asked him to give her the strength to live,
and in return I would plant cannabis for sick people," said Lepp. "I
made a promise to Jesus, what am I going to do, lie to God?"

Lepp started a church with his wife Linda and took donations from 4,000
medical cannabis patients in return for growing medical cannabis for
them. Lepp says he will base his religious argument on the Religious
Freedom Restoration Act and the legal protection extended to the Native
American Church which uses sacramental peyote.

Lepp was arrested at his home in Lake County on February 16 and has been
in custody awaiting a detention hearing. According to the criminal
complaint, the DEA seized approximately 6,300 marijuana plants from his
property and allege that they have a recording of Lepp selling a pound
of "high-THC marijuana" to an undercover agent. Both Lepp and
co-defendant Daniel Barnes were charged with distribution of marijuana,
conspiracy to distribute marijuana and maintaining a premise for the
purpose of cultivating marijuana. Barnes, who allegedly dropped off the
pound to a buyer, was released from custody on February 23rd.

Lepp says he was pressured to sell cannabis by another grower who had
earlier been arrested. But Lepp said he turned the offer down and
another person stepped in to sell the pound. According to Lepp, the live
marijuana seized from his house included 700 to 800 plants and the rest
were seedlings or unrooted clones.

At the time of his arrest, Lepp was fighting two earlier cultivation
charges stemming from a raid last August when federal agents seized
37,000 marijuana plants from his farm. Lepp was released on bond and
staged a three-week hunger strike to protest his prosecution. While
Lepp said he wanted to be "respectful" of Judge Marilyn Patel who had
released him, he said the cannabis seized were starter plants that
needed to be sowed in the spring for the patient's crop the following
autumn.

Lepp says the federal government has begun forfeiture proceedings
against one of his fields where he grew cannabis and he fears they will
attempt to seize the rest of his farm. "I put my life on the line for my
country in Viet Nam and now they are trying to take my life away from
me," said Lepp.

Lepp said he asked his attorney, Dennis Roberts, to file an injunction
against the government five months ago based on the religious freedom
argument. But Lepp said he ended up filing the injunction himself and
Judge Patel has yet to respond. While being transported to court in
handcuffs and leg irons for a February 23rd detention hearing, Lepp
caught his leg shackle on a chair and tumbled to the ground in a
bruising fall that injured his back. He was taken to San Francisco
General Hospital where he lay on a backboard for nine hours and was then
sent back to jail. Lepp says he's been in lock down inside his cell for
a week and has not had a visitor in eight days.

Lepp's wife Linda says Roberts is vacationing in Hawaii and has not
answered their calls. Lepp is now represented by federal defender David
Fermino who called in sick and failed to show up in court for Lepp's
February 25th detention hearing. According to Lepp, Fermino has told him
that Lepp can't represent himself pro-per. Lepp said Fermino is also
refusing to be co-counsel with Roberts who, so far, is representing Lepp
on the August charges. "I don't have any money, Dennis might drop me
like a hot potato," said Lepp.

Out of cash and facing multiple life terms in prison, Lepp is hoping
that Tony Serra was serious when he once offered to represent Lepp free
of charge. "Tony Serra said he would do this case, I want him to be part
of it," said Lepp.

Lepp was visited in Santa Rita Jail last night by Stacey Swimme, field
manager for Americans For Safe Access which represents medical cannabis
patients and caregivers. Swimme said she would help Lepp get in touch
with Serra, carry a message to his wife, get him some denture adhesive,
and help put money in his jail account so Lepp could buy soap. According
to Swimme, someone had called Lepp's house trying to raise money for
Lepp's "legal fund," but his family said they had not started a
fundraising effort.

Until U.S. Magistrate Maria Elena James rules on whether Lepp can be
released again on bond, Lepp will remain at the Santa Rita Jail. He is
under no visiting restrictions, but says he is having a hard time
eating. "I haven't had a shower or a change of clothes in nine days,"
said Lepp. "I've had no time to call anyone, and I've been to court
three times and haven't seen a judge."

Lepp's next scheduled detention hearing is set for February 28th at 9:30
am.