Thunder Rector is going home!

From: <nick [at] compassionatecoalition.org>
Sent: Wednesday, January 11, 2006 4:49 PM
Subject: Thunder Rector is going home!

>Hello,
>
>Thunder Rector was granted release from Nivana and will be allowed
>to go home, after some motions were hashed out today durring court.Some
>of Thunders family members showed up for support along with Mark Stout
>and I. It was good to see them smile. Thunders next court date is Feburary
>21st, at 1:30pm, the 5th floor.
>
>
>On a more personal note, I think everyone present in that courtroom was
>taken back some by how openly the Judge discussed "Medical Marijuana". In
>fact, It might even be safe to say that the judge showed some nuetrality
>to some degree, regarding medical marijuana.
>
>Thanks,
>Nick Osborne
>Merced County Patients Coalition
>209-261-5758
>Nick [at] MercCountyPC.com
>Nick [at] Compassionatecoalition.org

Attorney Dennis Roberts reports:

As Thunder's lawyer I was blown away by how open the Judge was to a
myriad of arguments. Not just that Thunder can leave the drug
program and join his wife at home and can be gainfully employed, but
by the Judge's openness in positing that a case currently before the
USSC might just clear the way for medical marijuana. I had filed
half a dozen motions mostly going to the unconstitutionality of
marijuana's federal classification as a Schedule One drug (Judge
noted that there was now quite a bit of literature discussing
possible medical benefits from marijuana) as well as Fifth, Ninth and
Tenth Amd motions. He gave us a wonderfully receptive hearing and
stated that although he had to rule against us given the CURRENT
state of USSC law, he welcomed us to return and renew the motions
should things change. AND THIS WAS IN FRESNO.

One of the other defense lawyers, Tony Capozzi, filed a discovery
motion asking for, among other things, notes about the alleged
citizen informant. The AUSA denied such notes existed "or the DEA
would have given them to me" Richard Herman, a Modesto atty and NORML
member was in court on another case ( which we were doing together)
stood up and as a self apponted amicus told the judge that when he
was in the DA's office he worked with the Stanislaus County Narcotics
Task Force (the group that made the arrests) and that it would be
difficult or impossible to believe that notes were not made of this
report. The judge was very receptive to his expertese and told the
AUSA to question the agents immediately.

There may yet be light at the end of the tunnel (if that isn't a
train coming straight at us). dennis roberts

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