[Farm A.C.]

Keizer Medical Marijuana Fiasco Obliterated
Commentary by Neal Feldman Salem-News.com

A Grand Jury dismissed the controversial case.
Anthony Beasely
Anthony Beasley

(SALEM, Ore.) - Anthony Wyatt Beasley of Keizer, Oregon has been vindicated, as has the Oregon Medical Marijuana Act... although the officials in Keizer and Marion County are clearly too dishonest to admit it.

In the November 9th 2007 issue the Salem Statesman-Journal newspaper reported that the Marion County grand jury convened for the case refused to indict on the charge of unlawful manufacture of a controlled substance within 1,000 feet of a school, a class A felony (the same felony class as Murder) returning a finding of 'not true bill'. In our judicial system grand juries are such a formality in virtually all cases that it has been widely stated that any attorney worth the name can indict a ham sandwich for murder.

Apparently one can only conclude one of three things regarding Marion County Deputy District Attorney Courtland Geyer, the DA official quoted in the article and presumably the attorney carrying the case to the grand jury - either they had no case in the first place, that Marion County Deputy District Attorney Courtland Geyer is clearly not much of an attorney, or (the most likely conclusion) BOTH.

Marion County Deputy District Attorney Courtland Geyer was also quoted in the article making the ludicrous statement "It would be a very bad mistake to interpret the result of this case as some broad declaration statewide of legality," Geyer said. "We have other indictments on this issue in Marion County, and we will continue to prosecute."

Oh really? Is that so? How many cases have they actually indicted OMMA card holders for distilling hash oil? I, for one, cannot find any record of a single one. It seems quite clear that the practice of the Marion County District Attorney's office seems to be to obfuscate and blur the distinction between those who 'manufacture' hash oil who do not possess a valid OMMA card and those who do. One would clearly be a criminal act while the other, just as clearly, would not.

In my previous commentary at the timeof the arrest I pointed out the law as written, to wit:

The Oregon Revised Statutes define "usable marijuana" – that is, what substances qualify as medicinal marijuana – as "the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use."

The Oregon Administrative Rules – a set of legally-binding rules that further govern the medical marijuana program – are even more explicit, declaring proper "the resin extracted from (the marijuana plant); and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin."

As I pointed out at the time there is no sane definition of 'any' or 'every' in these contexts which would NOT include hash oil, and clearly so.

It is clear that the grand jury, in handing down a very rare 'not true bill' result, agrees with me in this.

It is abundantly clear that citizens who possess a valid OMMA card in fact CAN interpret the result exactly as Marion County Deputy District Attorney Courtland Geyer disingenuously claims above that they should not. Why shouldn't such citizens interpret the result EXACTLY in that way? How else are folks supposed to interpret it? That you are right that it is a crime and that the Marion County District Attorney's office is simply such a crew of grossly underqualified and incompetent buffoons that they still could not manage an indictment in this case? Is that REALLY what Marion County Deputy District Attorney Courtland Geyer wants to imply?

And let us not forget the valiant Keizer Police Captain Jeff Kuhns who has been spearheading this judicial train wreck and example of abuse of power under color of authority who hides behind 'grand jury secrecy' when he continues to refuse to admit or accept that he was wrong in this case. It it an established aspect of honor and integrity that when proven wrong one admits it and maybe even apologizes for the wrongdoing.

In his responses I see nothing even approaching honor nor integrity in the behavior of Keizer Police Captain Jeff Kuhns.

Keizer Police arrested Beasley for these marijuana containers
And considering how he and the other officials in this case harassed and persecuted Mr Beasley, especially their transparent tactic of arresting him on Friday instead of Thursday so that he spent 4-5 days in jail instead of just a couple hours in processing, I still hope that there is a queue of attorneys lining up at Mr Beasley's door to offer their services in suing Kuhns, any DA whose name is attached to this travesty of injustice, the clearly incompetent Judge who signed the bogus warrant, as well as the Marion County DA's office and the Keizer Police Dept and maybe even the City of Keizer. And we might as well add to the list Chuck Lee, the former city councilman, whose fingerprints are all over this case.

I would also add the landlord and the 'ex-roommate' to the lawsuit defendant list as well just for good measure. It will only be when the likes of these folks are sued into perpetual fiscal oblivion that maybe, just maybe, people will stop violating the rights of OMMA card holders and actually OBEY THE LAW as the card holders are expected to do.

Kuhns and Co wanted to nail Mr Beasley with up to 20 years in prison for allegedly stepping one toe outside of the law. In fact Mr Beasley, as the grand jury clearly has shown, was entirely within the law. It is Kuhns and Co who were clearly outside of the law. So why shouldn't THEY all get the penalty that they so wrongly wished to inflict upon Mr Beasley? Wouldn't that be justice? Maybe, maybe not... but it would sure be nice to see.

It is time that law enforcement actually enforce the laws instead of trying to rewrite them on the fly like hamfisted thugs in an unaccountable Goon Squad,.Maybe if they were to try this tactic respect for the law and those charged with enforcing it might emerge out of the muck where it currently resides.

http://www.salem-news.com/articles/n...case_11907.php