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From the Open-Publishing Newswire
Indybay Feature
Mon Jul 30 2007 (Updated 08/22/07)
Medical Cannabis Doctor and Attorney Found Guilty of Growing Cannabis Plants
Fry and Schafer Lose Trial in Face of Testimony from Several Government Witnesses
After almost six years of persecution, Dr. Fry and her husband, attorney Dale Schafer, had a trial in federal court before Judge Damrell. On August 16th, a federal jury found them guilty of conspiracy to manufacture and distribute over 100 plants. Patients and advocates rallied outside of the courthouse on several days.

Dr. Fry was diagnosed with breast cancer, and she underwent a double mastectomy over eleven years ago. After unsuccessfully dealing with the side effects of chemotherapy and radiation, Dr. Fry turned to medical cannabis. Her success with cannabis compelled her to help provide others with access to the same medicine. She and her husband set up a consultation and recommendation practice in Cool, California.

On September 28th, 2001, the DEA raided their home and their office, seizing all of the attorney-client and doctor-patient confidential files. The couple feels that the El Dorado County Sheriff's department played a role in entrapping them. The federal government was unable to get an indictment against Fry and Schafer until two weeks after the Supreme Court ruled against Angel Raich in June of 2005. That month, based on an unreliable informant's testimony, the couple was indicted for conspiracy to manufacture and distribute 100+ plants with known and unknown persons back in 1999 through 2001. Undercover tapes revealed that Dr. Fry was hoping to have clones (rooted cuttings of female cannabis plants) to offer her patients for $5.00 a piece in the future, a price that is far lower than what Bay Area medical cannabis dispensaries charge.

As part of the terms for release, Dr. Fry was ordered "to remain gainfully employed" and continue her practice. A Federal magistrate has denied Fry and Schafer the right to use medical cannabis, which has been recommended by their physicians, leaving them no choice but to use costly and toxic pharmaceutical drugs. The couple has been randomly drug tested since June of 2005, despite the Ninth Circuit Court of Appeals ruling that it is unconstitutional to randomly drug test a person who has not been convicted of a crime. Dr. Fry's supporters wonder, "why would the government allow Dr. Fry to continue operating her Medical Cannabis Consultation and Recommendation Service if she was posing some sort of imminent threat to the community?"

The jury in the current case is denied the knowledge that Californians voted medical marijuana into law by way of proposition 215 and the initiative process in 1996. While the Judge suggested that there is controversy surrounding the medical efficacy of marijuana, he stated that he must follow the law. The prosecution has yet to produce a list of witnesses so that Attorney J. Tony Serra can prepare the defense. The government had recently offered Schafer five months and Fry no jail time -- if she agreed to stop practicing medicine for the next five years.

Reports: August 13th: Government Witnesses | photo Photos from August 13th Rally | Report from Gov't Witness Paul Maggy | Opening Statements | 8/1 Case Update | Articles From The Fry / Schafer Defense Committee | Doctor Fry's website
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