Tom the Nurse's Trials Part XXXlll

Tom the Nurse's Trials Part XXlll by Clark Sullivan Patients at Civic CenterSF Aug 12, 2004-- Over two dozen high--spirited medical cannabis patients and & activists marched from Civic Center to the Hall of Justice to demand justice for nurse, caregiver and patient, Tom Juzbasic L.V.N. Cars honked as passersby waved and shouted in solidarity as the marchers chanted, "Respect 215!". Charged with possession of marijuana for sale, Tom Juzbasic (juz- bay- sick) was scheduled for a hearing before Judge Mary Woodson in Dept. 22. Since his arrest at UN Plaza in June 2002, Tom estimates he has appeared in court twenty-three times. In last last few months, he began organizing rallies and a parade today to garner support for his defense. Upset at his [and patients in general] shoddy treatment by the SFPD and District Attorney Kamala Harris' office, Tom the Nurse (as many call him) has steadfastly refused to plea bargain, demanding that his case be taken to a jury trial. His arrest has convinced him that the cops regularly and blatantly disregard San Francisco's tradition of tolerance for medical cannabis, ignoring the wishes of 80% of the City's voters. Tanned and fit, with a boyish grin and a touch of gray nipping at his hair, Tom's face belies his forty-three years as his daily regimen includes bicycling around S.F. streets a few hours daily. "[Officer Kevin] Martin [#24] didn't care whether I had a [DPH] card or not," Tom explained as he discreetly passed a brownie to a patient. "He knew I was a patient and still confiscated my medicine and arrested me." Passing some joints to a few patients, Tom encourages them to light up, but keep together. He takes a puff and says, "As a Licensed Vocational Nurse, it's my duty to care for the sick and help ease their pain. The most reliable, effective remedy is cannabis, used for over 6,000 years for a wide variety of ailments." "California voters mistaken believe that the passage of Proposition of 215 in 1996 meant that medical cannabis was legal, and began to demand access to their medicine, armed with the belief that everything would be all right if they had their Dr.'s recommendation or DPH card, but the opposite is true. Many cannabis patients and caregivers are arrested, have their medicine confiscated or worse." Tom put the roach in his stash box and continued, "Most patients I know would have to pay black market prices for pot of inconsistent quality and potency. Many are afraid to score on the street, so they ask me if I can help them," he grins. For many of the participants, this was the first protest they had ever attended, although very few were shy while medicating next to a stream of cops, who pretended not to notice the aroma as they looked away. The patients seemed a little defiant and proud to represent as leaflets were passed out among the group and to most folks walking by. Patients in front of 850 Bryant St. Entry to the Hall of Justice is granted upon the whim of Jim Miller, a pretendo Public Housing Officer, who is hated by his boss, and the only person willing to work the door, searching people for weapons. To ease the monotony of his job, Jim relishes shaking down those he deems to be "disrespecting my house". As the patients stood in the long line stretching out the door, Sgt. Marty Halloran #772, belatedly turned and smiled as several patients greeted him in mocking tones. Marty seemed to be genuinely pleased by his new-found notoriety and waved, then mugged for us, before slithering past the metal detector and around the corner. One by one, everyone was finally inside and soon were seated in Dept 22's confines on the third floor. A sense of urgency filled the court's employees as they frowned at the gallery, whom they perceived as acting too nonchalant for the decorum of the proceedings. Tom relaxed and kibitzed with his public defender, Carla Gomez, a petite Latina, who usually wore 6" spike heels to give some lift to her barely five foot frame. Ms. Gomez was a quick study who was very methodical and taciturn when she questioned police officers at the preliminary hearing. Moments later, the clerk introduced Judge Mary Woodson. Once a few details were sorted out, notice was given that Tom's case would be moved to Dept 28 downstairs. After a few shushes from the bailiff, the group filed into the hall, murmuring that the change of venue was to stall us in order to sap the morale of Tom's supporters. However, having spent many hours observing court proceedings, the move was probably due to chronic lack of preparation on the court's part, due to an overburdened calendar, likely filled by a fair share of medical cannabis patients like Tom. As the crowd waited to enter, a few faces had disappeared, but most of the group filled the left side of Dept. 28's gallery. Judge Carol Yannay even entered entered the courtroom sans robe, dressed in jeans and a green sweater, before going back to her chambers. After a few minutes, Carla and Asst. D.A. Dennis Chow were summoned to Judge Yannay's chambers and returned with her after a few words. The call to order was given before Tom was ordered by Judge Yannay to appear in court on Friday, August 20th to begin his trial in Dept. 22. Most present were relieved by the continuance. Tom though, was tiring of having his strings pulled by the courts and has refused to waive time, meaning that the D.A. has to bring his case to trial within sixty days or drop the charges. Tom is confident about the outcome, if his case goes before a jury. "This is a war,'" he intones, "between the good guys and the bad guys... And I believe the D.A. will find it difficult, if not impossible to find twelve people in San Francisco who don't support medical cannabis." Tom will return to court on Friday, August 20th, beginning at 9 AM. His first hearing will be heard in Dept. 10. He plans to hold a lunchtime rally at 1 PM, medicine and lunch provided, of course.