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antiquie

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Gender: Female
Hometown: Southern California
Current location: Orbiting
Member since: Tue Jun 7, 2011, 03:02 PM
Number of posts: 4,040

Journal Archives

Judge disqualifies all 250 prosecutors in Orange County; widespread corruption

On October 12, 2011, Orange County experienced the deadliest mass killing in its modern history. Scott Dekraai killed 8 people, including his ex-wife, in a Seal Beach beauty salon. He was arrested wearing full body armor just a few blocks away. Without a doubt, Dekraai was the perpetrator. A dozen surviving witnesses saw him. He admitted to the shooting early on. Yet, nearly four years later, the case against him has all but fallen apart.

It turns out that prosecutors and police officers committed an egregious violation of Dekraai's rights—so much so that Superior Court Judge Thomas Goethals shocked everyone and removed the Orange County District Attorney's Office, and all 250 prosecutors, from having anything more to do with the case.

It turns out that Orange County has a secret system of evidence manufacturing and storage that they have used in countless cases, and the collusion is unraveling dozens of cases and may soon unravel the careers of countless prosecutors and law enforcement officers who've maintained it for decades. It's called TRED.

In recent months, we've learned, over the objections of the Orange County Sheriff's Department (OCSD), that the agency created TRED, a computerized records system in which deputies store information about in-custody defendants, including informants. Some of the data is trivial; other pieces contain vital, exculpatory evidence. But for a quarter of a century, OCSD management deemed TRED beyond the reach of any outside authority. In Dekraai, deputies Ben Garcia and Seth Tunstall committed perjury to hide the mere existence of TRED. Those lies didn't originate from blind loyalty, however. The concealed records show how prosecution teams slyly trampled the constitutional rights of defendants by employing informants—and then keeping clueless judges, juries and defense lawyers.


more on Kos

Government helps some kids, but...

Census Bureau: California still has highest U.S. poverty rate

25 Percent Of People In Mississippi Can't Afford Food

Measuring Access to Opportunity
The Supplemental Poverty Measure gauges the effectiveness of government programs in alleviating economic hardship. In a new data snapshot that explores the measure, KIDS COUNT calculates the national child poverty rate with and without government interventions. The supplemental measure shows that 11.2 million more kids would be living in poverty without key safety-net programs.

House CA-25: elected Waterboard member Gutzeit in to challenge Steve Knight

Democrats have landed their first potentially legit candidate to challenge freshman GOP Rep. Steve Knight, Santa Clarita water board member Maria Gutzeit, who announced a bid on Thursday. Gutzeit had reportedly spoken with the DCCC last month, and she actually has experience winning office (the water board is an elected body), which is not insignificant given how thin the Democratic bench is around these parts.

Knight's also a pitiful fundraiser, and since Mitt Romney only carried this blue-trending district by 2 points, it's possible Gutzeit could put it in play. But last year, Democrats were shut out of the general election because poor primary turnout allowed Knight and another Republican to move on to November. There's a risk this could happen again, particularly if other Democrats pile into the race, so if Gutzeit winds up being the favorite, she'll have to work hard to make sure she performs well enough in the primary.

The Daily Kos Elections Morning Digest is compiled by David Nir and Jeff Singer, with additional contributions from David Jarman, Steve Singiser, Daniel Donner, and Taniel. via email


GOTV!

CA Assembly Votes to Stop Denying MMJ Patients Organ Transplants

Assembly members have passed legislation, AB 258, to allow medical marijuana patients to receive organ transplants. The measure now awaits action from the Senate.

Hospitals frequently deny patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, "A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient's status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient."

Passage of AB 258 ends discriminatory practices facing medical marijuana patients.

Please visit NORML's 'Take Action Center' to contact your state senator and urge him/her to support this pending legislation.

For more information please visit California NORML.

Sincerely,
The NORML Team

via email

California currently legal for medical use only:

California Medical Marijuana Law
QUALIFYING CONDITIONS
Arthritis
Cachexia
Cancer
Chronic pain
HIV or AIDS
Epilepsy
Migraine
Multiple Sclerosis
Any debilitating illness where the medical use of marijuana has been
"deemed appropriate and has been recommended by a physician"
PATIENT POSSESSION LIMITS
No possession limits specified
HOME CULTIVATION
Yes, but no cultivation limits are specified.

Study: Oral Cannabis Extracts Associated With Seizure Control In Children

Denver, CO: The administration of oral cannabis extracts is associated with the mitigation of seizures in adolescents with epilepsy, according to clinical data published this month in the journal Epilepsy & Behavior.

Researchers from the Colorado Children's Hospital in Denver performed a retrospective chart review of 75 children who had been provided with cannabis extracts. Authors reported that 57 percent of subjects showed some level of improvement in seizure control while 33 percent reported a greater than 50 percent reduction in seizure frequency.

Researchers also reported "improved behavior/alertness" in one-third of subjects and improved motor skills in ten percent of treated patients. Adverse events were reported in 44 percent of subjects, 13 percent of which reported increased seizure activity. Overall, however, authors concluded that the extracts were "well tolerated by children."

Separate clinical trial results publicized last week at the 67th Annual Meeting of the American Academy of Neurology reported that the administration of a proprietary form of CBD (cannabidiol) extracts decreased seizure frequency by 54 percent over a 12-week period in children with treatment-resistant epilepsy.

Survey data compiled by Stanford University in 2013 reported that the administration of cannabidiol-enriched cannabis decreased seizures in 16 of 19 patients with pediatric epilepsy.

Last February, the Epilepsy Foundation of America enacted a resolution in support of the "rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana."

For more information, please contact Paul Armentano, NORML Deputy Director, at: paul@norml.org. Full text of the study, "Parental reporting of response to oral cannabis extracts for treatment of refractory epilepsy," appears in Epilepsy & Behavior.
via email

The claim is legalization is a treaty violation.

U.N. Says U.S. Marijuana Legalization Violates International Law

Does Marijuana Legalization Violate Int'l Law? U.N. drug warriors falsely claim that treaties compel U.S. states to ban pot.

Concentrated cannabis qualifies as medical, California court rules

A unanimous three-justice panel of the 3rd District Court of Appeal disagreed this week with an earlier ruling by El Dorado Superior Court Judge James R. Wagoner and reversed the judge’s decision that a medical marijuana patient violated probation by possessing concentrated cannabis.

Wagoner reviewed the existing legal authority indicating that concentrated cannabis is covered by California’s Compassionate Use Act, or CUA, the 1996 voter initiative approving medical use of marijuana with a doctor’s recommendation. But Wagoner rejected the authority as “unsound” and ruled that “the (CUA) does not apply to concentrated cannabis” because the act does not define marijuana, refer to concentrated cannabis or incorporate statutory definitions of either term.

In an opinion issued Wednesday, the justices concluded that Wagoner violated Mulcrevy’s right to defend himself when the judge prevented Mulcrevy from presenting a defense based on the CUA.

The opinion was authored by Associate Justice M. Kathleen Butz, with the concurrences of Presiding Justice Vance W. Raye and Associate Justice Cole Blease.

By Denny Walsh dwalsh@sacbee.com 12/19/2014

Federal Judge Upholds Marijuana's Schedule I Status

Sacramento, CA: A federal judge has rejected a motion challenging the constitutionality of cannabis' classification as a Schedule I prohibited substance without any accepted medical utility.

Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California issued her oral ruling during a 15-minute court hearing on Tuesday. Judge Mueller heard closing arguments in the case in early February, but she had postponed ruling on the matter until this week. Her written opinion was not available at the time of her ruling,

"At some point in time, a court may decide this status to be unconstitutional," Judge Mueller said from the bench. "But this is not the court and not the time."

Defense counsel intends to appeal the ruling.

In October, experts for the defense presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant's present categorization. Lawyers for the federal government countered that it is rational for the government to maintain the plant's prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel - attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee - further contended that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government's continued insistence that the plant is deserving of its Schedule I status under federal law.

Paul Armentano, NORML's Deputy Director who served as the principle investigator for defense counsel in this case said: "While we are disappointed with this ruling, it changes little. We always felt this had to ultimately be decided by the Ninth Circuit and we have an unprecedented record for the court to consider. In the interim, it is our hope that lawmakers move expeditiously to change public policy. Presently, bipartisan legislation is before the House and Senate to recognize cannabis' therapeutic utility and to reschedule it accordingly and we encourage members of Congress to move forward expeditiously to enact this measure."

In a brief filed with the court by the federal government, it contended: "Congress' decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court's to 'second guess' Congress' conclusions, but only to enjoin decisions that are totally irrational or without an 'imaginable' basis."

They added: "Congress is not required to be 'right,' nor does it matter if the basis on which Congress made its decision turns out to be 'wrong.' All that is required is that Congress could rationally have believed that its action -- banning the production and distribution of marijuana -- would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld."

Said Armentano, "The continued Schedule I classification of cannabis is self-evidently ridiculous. But unfortunately, the courts have a history of ruling that laws may be ridiculous and still pass constitutional muster."

He added, "The judge in this case missed a golden opportunity to demand that federal law comport with available science, public opinion, and common sense."

Legal briefs in the case,United States v. Schweder, et. al., No. 2:11-CR-0449-KJM, are available online at: http://edca.typepad.com/eastern_district_of_calif/medical-marijuana/.

For more information, please contact Paul Armentano, NORML Deputy Director, at: paul@norml.org.

From: normlnews@lists.norml.org
NORML - The National Organization for the Reform of Marijuana Laws
1100 H Street, NW
Suite 830
Washington, DC 20005
(202) 483-5500
via email

I'm wondering if Judge Mueller is out of her mind, or helping us to kick it to a higher court.

A bit more...

A new way of managing a precious resource

In addition, Brown's executive order will:

-- Impose significant cuts in water use on campuses, golf courses, cemeteries and other large landscapes.

-- Replace 50 million square feet of lawns throughout the state with "drought tolerant landscaping."

-- Create a temporary, statewide consumer rebate program to replace old appliances with water efficient models.

-- Prohibit new homes and developments from irrigating with potable water unless water-efficient drip irrigation systems are used.

-- Ban watering of ornamental grass on public street medians.

-- Require agricultural water users to report more water use information to state regulators, increasing the state's ability to enforce against illegal diversions and waste.

"It's a different world," Brown said Wednesday. "We have to act differently."

A staggering 11 trillion gallons are needed for California to recover from the emergency.

The estimate is based on NASA satellite data analysis of how much water the state's reserves lack. That's more than 14,000 times the amount of water it would take to fill the Dallas Cowboys stadium, according to CNN calculations. It's the amount of water that flows over Niagara Falls in about 170 days' time.
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