Oakland Raid Update

Hi all,

Three defendants had detention hearings today in U.S. District Court in Oakland,
before Judge Brazil. News is scant, and others should post info if you have it.

Two defendants were released as a result of the hearing today. One defendant was
released on $100,000 bail. Another defendant was unable to locate a surety while
in jail, and was released to a halfway house in order to find a surety. This
defendant's bail was also set at $100,000.

Kenneth Dean Affolter, the third defendant and the person whose house was raided
by the DEA, was denied release due to a lack of surety (someone to post bail).
When Affolter told the judge that he had not been allowed to make a phone call
for the entire week he'd been incarcerated, and the reason why he was unable to
find a surety, Brazil ordered that Affolter be allowed to make at least one
phone call today.

As many as five defendants (out of a total of twelve expected to be charged) are
still incarcerated. Multiple defendants will be arraigned (including Affolter),
and bail set for some of those still incarcerated, on March 31 at 10am before
Judge Brazil in Oakland. If Affolter can find a surety in the meantime, he can
request release earlier than March 31. The next date after that will be a status
(and possible bail) hearing on April 6 at 10am.

Judge Brazil has already begun positioning himself with regard to the case, and
has cautioned defendants that in federal court medical marijuana is not a
political matter and cannot be a legal argument, regardless of state law. It was
interesting to observe counsel for the government explain how this case was not
"medical," but "recreational" in nature. So, even if the judge is not inclined
to make the distinction, the Assistant U.S. Attorney is willing to claim
other-than-medical evidence. This continues to mark the hypocrisy of the federal
government's line on drawing a contrary distinction in cases that allege medical
marijuana and, at the same time, claim that marijuana has no medical value.

--
Kris Hermes
Legal Campaign Director
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 208
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org