16 comments | Editor’s Note: Eugene Davidovich is a medical marijuana patient who was arrested during Operation Endless Summer (also known as Operation Green Rx). His preliminary hearing was Monday morning with a number of attendees who held a rally in support of Davidovich prior to the hearing. This is a blog entry by Davidovich, of how he felt about the preliminary hearing. To read an article about the hearing, click here.
The preliminary hearing in my case lasted today from 8:15 in the morning until almost 4:30 in the afternoon. After trying to navigate the “Serpentine Roadmap” that makes up our medical marijuana laws with my attorney in court, it appears to be more confusing then ever.
Eugene Davidovich, a defendant in the Operation Endless Summer case.
The day started with the prosecutor fighting tooth and nail to not allow the recommendation from my physician to be admitted into the court records proving that I am a qualified patient even though we had subpoenaed the documentation from the doctor’s office, and had a sworn affidavit to support that from the doctor’s custodian of record. My recommendation was admitted although it took a lot of effort from my attorney.
The expert witness Chris Conrad, did get to testify and testified that the collective and the way that it was operating was in fact legal and sanctioned under state law. Even though the expert witness who was originally involved in an advisory and consulting capacity in drafting Prop 215 testified to what a collective is and that what I was doing did in fact fall under that definition as intended by the law, the judge did not agree he saw ‘no evidence of a collective” even though the detectives themselves said that I cultivated marijuana based on the equipment they found in my storage unit.
We also found out from Detective Conrado Decastro that this Operation Green Rx was in fact targeting Medical Marijuana Patients and the whole point with Operation Green Rx was to bring down everyone listing their collectives on NORML only later was the name changed to Operation Endless Summer. We also found out that Conrado Decastro is in charge and is the ‘mastermind’ behind “Operation Green Rx”.
On a side note: In February when I was arrested, Conrado Decastro interrogated me at the police station. During the interrogation he pulled out two large 3 inch black binders that had a large red cross and marijuana leaf on them. The two binders contained a large number of tabs with last names of people. As he pulled out the two binders, he told me that I was not alone, and that “we are gonna bring all you medical pot people down”.
Detective Scott Henderson (Jamie Conlan) today, conveniently ‘could not recall’ the details of the two phone conversations we had where I explained to him that this was a collective cultivation effort, and that he was not to divert the medicine to the illicit market. It was also very convenient that the detectives recorded everything except for the phone conversations even though he testified that the equipment for such recordings was readily available.
It was unbelievable to see this many resources from the practically bankrupt county of San Diego being spent on this effort. Today for example, there were at least 5 bailiffs in the courtroom, the DA had at least five other people from the DA’s office advising her on how to properly prosecute this case, and they brought out three detectives to testify. All this during a Preliminary Hearing for a case where both people are qualified medical cannabis patients.
It seems that the San Diego Narcotics Division top priority has been made to investigate and shut down medical cannabis collectives in San Diego.
I am still in shock after today and am now trying to figure out how to get funds together for my attorney to retain him further.
It seems that the DA is heavily invested into this ‘war’ and it seems that I just might end up being another ‘casualty’ as fighting this machine seems almost impossible, especially when they have unlimited disposal to their attorneys and ‘advisors’ and I have to rely on my self, a public defender, or somehow attempt to afford an attorney after loosing my employment and savings as a result of these charges.
In short, it went as expected. The bias shined bright in court today!
Thank you again to everyone who came and supported me in court today. It was truly inspiring to turn around and see a packed courtroom in the morning as well as to get to speak with a number of you.
As more collectives open here in San Diego, it is now more critical then ever for patients from the Medical Cannabis Community in San Diego to stand together against this continued attempt to overturn the will of the people, by a select bias driven few.
Davidovich can be reached via his Web site.
Tags: bill horn, california medical marijuana, cannabis, dianne jacob, district attorney bonnie dumanis, greg cox, legalizing marijuana California, medical cannabis community san diego, pam slater-price, pot, proposition 214, proposition 410, ron roberts, san diego board of supervisors, san diego county, san diego narcotics division, san diego undercover operation, SDNN, smoke, weed
Comment by: Bill A Posted: July 14, 2009, 10:30 am
Why is our county spending so much money to make criminals out of medical marijuana patients?
There were 40+ people in the courtroom yesterday who wanted the charges dismissed against Mr Davidovich. 40+ people who took their morning to sit in a courtroom and listen.
I didn’t see one person there who wasn’t from law enforcement or a supporter of Mr Davidovich.
Will San Diego’s war on medical marijuana ever stop?
Comment by: jon robere Posted: July 14, 2009, 12:22 pm
It’s so very sad to hear how they spend so much effort to prosecute people that are just trying to heal themselves. I am a medical marijuana patient. Due to an accident I have had lower back and neck fusion surgery. I have chronic pain every day. I have tried almost all of the pain meds the doctors have to offer. For the last 5 years I was taking oxycontin as prescribed by my doctor. I became very addicted to them and had serious withdrawl symtoms while trying to quit. Cannabis has truly saved my life. Take 5 min. and google search oxycontin addiction. It’s just as bad as heroin. I will take a natural herb any day over the very addicting drugs I have been offered over the years.
Comment by: M Maven Posted: July 14, 2009, 12:26 pm
This is sick!
As a Canadian, watching from afar … this is a disgusting use of power to further a personal political agenda.
Conrado Decastro is clearly just a small little man with big plans for his career.
Good luck Eugene … keep fighting the good fight! If you lose this battle … you will help us win the war!
“The best way to get a bad law repealed is to enforce it strictly.”
Abraham Lincoln
Comment by: Sick_of_the_Lies Posted: July 14, 2009, 12:36 pm
The bottom line is that this is a tremendous waste of taxpayer resources, not to mention entrapment by the district attorney’s office, who has waged a five year war against medical marijuana.
The police lied to DMV to obtain a drivers liscence.
The police lied to a liscenced medical doctor, faking illness to obtain a valid
recommendation.
The police lied to Eugene to obtain his help in obtaining medical marijuana.
hmmm.
Lies, lies, more lies.
Waste, waste, waste. What could be the motivation for all these police lies?
It is so they can claim to the public that they are out busting dangerous drug felons?
Why don’t they actually work for a living and go bust the real drug dealers?
Comment by: taxpayer_SanDiego Posted: July 14, 2009, 12:43 pm
Since when is it okay for the san diego police and district attorneys office to waste my hard earned taxpayer dollars to undermine a law that was passed
by the voters in 1996?????????
I would like the somebody in San Diego government to do a full investigation into
the costs associated with this operation GreenRX. I am outraged at this apparenet WASTE of taxpayer monies!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Comment by: medi_420 Posted: July 14, 2009, 12:46 pm
Since when is it illegal for patients to help each other out?
If the police wanted to call Mr. D a “drug dealer”, then why did
they go to all the work to obtain a medical marijuana card?
This was just one more targeted attack on the medical marijuana
community.
Comment by: Madelaine Thibeault Posted: July 14, 2009, 2:32 pm
As taxpayers here in San Diego, how can we end this mis use of power and funds? Is it because everyone knows there is no big money behind medical marijuana and they are easy prey for a team of almost retired police officers? What about getting the real drugs off the street like; meth, crack, heroin or is that too difficult/dangerous? Even the name “Operation Green Rx” blatenly states they knew they were wasting tax dollars on medical people. Let’s all be responsible to keep our great city in balance and all do our part to get our city out of debt. Stop wasting tax money to target sick people. Frustrated in SD
Comment by: David Scott Posted: July 14, 2009, 6:55 pm
Marijuana prohibition has been a total failure and is perhaps this country’s greatest mistake. Not only has it created criminals out of nearly a third of the country’s populace, it costs our society billions of dollars every year, creates a strain on our prison system, and has little or no effect on marijuana use in the US. In some cases, prosecuting marijuana use has turned non-violent, middle class kids into violent and unpredictable, career criminals. Once a person has a criminal conviction on their record, they are far less likely to find a good job and become a useful member of society. Other countries with more liberal drug laws have much lower rates of drug addiction among their people. I invite you to my web-page devoted to raising awareness on the assault on our civil liberties: http://freethegods.blogspot.com/
Comment by: AB390 Posted: July 15, 2009, 6:32 am
Tell your legislators in Sacramento to legalize marijuana. Visit yes390.org
today
Comment by: Richard P Steeb Posted: July 15, 2009, 7:53 am
“we are gonna bring all you medical pot people down”.
I don’t THINK so, mister public servant… WE are going to bring down your abominable meal-ticket namely cannabis prohibition. Then you can find employment washing cars.
Richard P Steeb, San Jose California
Comment by: Mary Ann Posted: July 16, 2009, 3:49 pm
Mr. Conrado DeCastro lied to his physician, who is responsible for giving him the recommendation to legitimize him as a medical marijuana patient. It is actually the responsibility of the doctor who issues the recommendation to ensure that the patient has a legitimate need for the compassionate use. Mr. Davidovich complied with Prop 215 and SB 420 provisions exactly in the way that he checked out Mr. DeCastro’s credentials to obtain medication. In fact, for all intents and purposes, Mr. De Castro’s credentials were genuine. If anyone is at fault, it is the MD who gave Mr. DeCastro the recommendation.
Comment by: Eugene Davidovich Posted: July 19, 2009, 5:36 pm
Operation Green Rx. Continues The investigation, harassment, and entrapment of collectives and medical cannabis patients in San Diego has not stopped.
If you thought that Operation Green Rx only occured in the beginning of this year and only affected collectives operating prior to the Supreme Courts Decision to not hear San Diego County Board of Supervisors Law Suit and attempt to overturn Prop 215, think again!
July 7th, 2009 Detective Mike Mendez from the San Diego Police Department’s Narcotics team went to Dr. Clark’s office in San Diego, lied about his identity, symptoms, condition, and obtained under the name of Pierre Tiberius Uggla a valid Physician’s Statement and Recommendation for the medical use of marijuana.
READ MORE: http://operationgreenrx.blogspot.com/2009/07/operation-green-rx-09-investigations-of.html
Comment by: Paul Freeman Posted: July 21, 2009, 11:04 am
Anybody ever prescribed Prozac, lithium or any of the vast array of medications targeting patients suffering from depression or anxiety can tell you that these medications are dangerous and treat the symptoms poorly. I’ve been prescribed Prozac and I can tell you that it and all other SSRIs destroyed my relationships with all of their sexual side effects and made my depression and anxiety worse with all of the other side effects. I still had severe withdrawals after I finally stood up to my psychiatrist and told him I wanted off this nasty medicaiton, even though he reduced my dose slowly.
I find it laughable that this natural remedy used from time immemorial by humans for medical reasons is still illegal here in the land of the free, when Prozac is prescribed like candy. Really people, come on, wake up!
Comment by: medi_420 Posted: July 22, 2009, 11:16 am
I have done much research and I have not found a single incident of a fair and unbiased trial in San Diego county. 90% of the judges are former prosecutors with the district attorneys office. Various judges are “endorsed” by the district attorney at election time. These judges know that if they do not kowtow to the whims of this District Attorney Bonnie Dumanis, and her self promoting and politically motivated war on medical marijuana, they will lose their jobs.
Judges in San Diego act and rules as if there is NO MEDICAL MARIJUANA LAW. THEY NEVER HEARD OF IT!
Has anybody out there heard of even one incident where there was a fair trial related to medical marijuana in San Diego County?????
Has anybody out there had a bad experience when they went into a San Diego county courtroom and been treated as if there is no medical marijuana law?
Has anybody out there been mistreated by the police when the attempted to explain their medical marijuana status to the police?????????
Comment by: Robert B. Posted: July 24, 2009, 11:24 am
First I would like to start by saying I’m not a drug user and not taking any medication. Why do we vote for new laws? why do we pay taxes? we have no say in anything anymore. I pay taxes every year and watch them rise and never fall. I’m simple amazed we are spending so much time and TAX payers money on this and not on bigger issues. Billions in debt and getting worse and we make a task force to attack ill patients who need these drugs to live?
I have wanted to become a Police Officer since I was a kid and seeing Police hold grunges over laws they cant control and having people being able to buy drugs when they THINK they shouldnt makes them mad and they want to do something about it. They are finding and figuring ways to get there way and bring down people who shouldnt be. What if we lied to the doctor or the police? we go to jail but its ok for police? This isnt a murder case here but simply $120 worth of marijuana and $19,000 over there sting of cash collected…how much tax payer dollars did that cost to collect that whopping amount of cash? I sure A LOT more then that.
The worse thing about this whole thing is this isnt going to solve anything but simply make things worse. It will cost more tax dollars, will cost hundreds of lifes to people who NEED this to survive and will make people second guess this government and there law in place to PROTECT us. I didnt know when a law is set its changes everyday whenever our local enforcement sees fit to charge someone because they dont agree on the law.
Again I’m not a drug user, dont need marijuana to survive and will never do drugs but disagree with the way the law is being broken by our government and wasting our tax dollars daily.
Comment by: chucky Posted: December 18, 2009, 7:22 pm
knock it off all redy betty grow up