Bail Hearing for Medical MJ Organizer Dustin Costa; Thunder Remains in Prison

While patients were rallying for Dustin Costa in Fresno, another
medical marijuana defendant, Thunder Rector, remained locked up there
on federal marijuana charges. Thunder has been in prison for over
one month without medication, which he uses to control bipolar
disorder. "He's going crazy in there," says his father, Ted.
Thunder was providing medical marijuana for patients groups in
Modesto and San Francisco. San Joaquin County law enforcement
authorities turned him over to the feds after finding marijuana at
his home. His wife and a neighbor were also arrested, but
released from jail. - DG
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FRESNO CA - Aug 17, 2005

The bail hearing for Dustin Costa, head of the Merced Patients Group, went
off as scheduled at noon today in the Fresno Federal Court. The results
were mixed.

Two dozen patients rallied earlier in front of the courthouse and media
coverage was extensive.

Federal Magistrate Sandra M. Snyder seemed startled to find her courtroom
filled with Mr. Costa's supporters, many wearing the MPG's distinctive
green T-shirts with the mj leaf and slogan, "Safer Than Aspirin."

The federal prosecutrix portrayed Costa as a drug kingpin endangering his
community and brazenly growing and selling marijuana for personal profit,
while pretending it has medical value which, of course, it does not.

She was blown out of the water by Assistant Federal Defender Robert
Rainwater. A polished and compelling attorney, Rainwater pointed out that
Mr. Costa was operating under the rules of state medical marijuana laws at
a time when the federal government was restrained by Raich from acting
against patients and caregivers, and that to say he willfully violated the
law is nonsense. Costa thought what he was doing was legal at the time
and in fact it was, even in Merced.

As for the charge that Costa is a "chronic marijuana user," Rainwater
called that "offensive." He pointed out that the Supreme Court, while
turning down the Raich plea, emphasized the need for new legislation
because of marijuana's established medical value. Rainwater said that Mr.
Costa precisely fit the state's definition of a marijuana patient and
caregiver.

He ridiculed the government's charge that Costa was a danger to the
community because of his advocacy and his website, pointing out that the
4th Amendment is, at the moment, still on the books. Again he referred to
the Raich decision where the Supremes themselves call for legislation,
which in itself amounts to a call for advocacy from the high court.

The prosecutor had castigated Costa for his "cavalier attitude" about
marijuana, proudly putting his name on the product as "from DC Hisself."
Rainwater said that was nothing more than a trademark. "When I go to the
drug store I buy established brands because I know the quality is
consistent," he said. "Mr. Costa was simply giving his patients the same
kind of assurance."

As for the charge that he is a flight risk, Rainwater said that Costa is
already out on bond for these same charges in Merced County and he has
already faithfully appeared before the court there 18 times.

Rainwater said that Costa needs marijuana to combat pain related to severe
diabetes but that Dr. Tom O'Connell was willing to prescribe Marinol
instead so he could comply with federal drug testing requirements.

Finally Rainwater asked the judge to release Costa on his own
recognizance, or at worst a cash bond of $1000 which would be available
immediately.

The judge said she was aware of the national controversy about the medical
"and spiritual" use of marijuana but she was constrained by federal law
which does not recognize medical use at this time. She agreed that the
facts in this case are "unique" and the health issues for Mr. Costa are
serious, but that she would have a hard time separating his case from the
other cases where she has had to rule that there is no medical defense.

On the other hand, she was not totally sympathetic to the prosecution.
She indicated that the charge that Mr. Costa was a danger to the community
because of his advocacy was not likely to fly.

She called for another hearing, set for Aug 29, so that she would have
time to review all the factors. In the meantime Costa remains in federal
custody.

In the corridor after the hearing, Rainwater said he felt certain Costa
would be released on the 29th but he felt bail would probably be $10 -
15,000. They are at work on raising it now.

Three TV camera crews were waiting outside the courthouse and they were
clearly sympathetic to the defense. Costa's attorney Bill McPike was
interviewed extensively by the local radio and TV reporters and the Fresno
Bee. Several patients also gave some excellent interviews.

After the media frenzy Jim Dennett and I had lunch with McPike and he
offered some insights about the sudden federal intervention last week into
a state case that had been moving along up in Merced for over 18 months.
He reminded us that when Rainwater nailed the government for waiting 18
months to arrest Costa, the prosecutor said they had only heard about the
case recently.

It's clear that this was another case of a pissed off state official
handing off to the feds. The Sheriff in Merced is violently anti-pot and
he saw that Costa's public good works -- specifically the "Merced Patients
Group Anti-Graffiti Squad" -- had probably made it impossible for him to
get a conviction in state court so he just called in the DEA.

McPike suggested filing a civil suit against the Sheriff. He said that in
a similar case in Colorado involving a patient named Dana May, defense
attorney Rob Corry sued the local sheriff for failing to protect the civil
rights of a Colorado citizen by calling in the feds. Three days after the
suit was filed, the DEA advised Corry that they were dropping the charges.

As for Dustin himself, In the courtroom he looked fairly healthy despite
his reported hunger strike. He was clearly delighted to see the room
packed with friends and supporters.

Mike Gray
csdp
http://www.csdp.org