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Eddy Lepp Appears in Federal Court

indybay.org

San Francisco, CA Sept 16, 2005 -- Reverend Charles "Eddy" Lepp, along with co-defendant Daniel Barnes, appeared in court at the San Francisco Federal Building yesterday morning. What followed was three hours of compelling testimony from various witnesses, including Eddy himself, aimed at convincing Judge Patel to allow Eddy to use cannabis during his pre-trial release. The court heard the examination and cross-examination of Eddy Lepp and addiction specialist Dr. Eugene Schoenfeld, and then scheduled the testimony of two Rasta practitioners to be heard on Friday, October 14th at 9am.

Yesterday's proceedings began with Eddy's lead attorney, Tony Serra, informing the judge that the motion for the return of property was now irrelevant, as the material in question was presently inside the building, and the defense had been invited to retrieve the material following the morning's court appearance. Serra told the judge that the issue of the return of property was moot, unless upon evaluation the defense was dissatisfied. When the judge inquired about this, Serra explained that, while held as evidence, objects have a tendency to "disappear" but that he was optimistic that everything would be in order.

Serra also referenced the filing of a motion of franks, in which the defense would be factually contesting that a search warrant had been served during Eddy's August 2004 raid. In preparation for this, the judge questioned the prosecution and the defense about the number of witnesses they would call for this matter, and then instructed each side to be prepared to give this testimony when the time came to address the motion of franks.

Having dealt with these two motions, the defense began calling to the stand witnesses who would testify that Eddy should be permitted to use cannabis during his pre-trial release based on two grounds: medical necessity and freedom of religion. The witnesses were questioned at length by the defense, the prosecution, and the judge. Their testimony painted a portrait of a man's life drawn by intersecting his history and his health, and then brought the picture solidly into the third dimension using the colors of his beliefs and his compassion.

Eddy himself was the first witness to take the stand. Appearing as calm and centered as ever, he described to the court with deep conviction the details of his religious beliefs and practices. Defining the Rasta religion as a faith based on health, truth, and the good of the whole, Eddy added insight to his descriptions with illustrations, "We have a saying : If you are a Rasta man with a bowl of rice, and the man sitting next to you is hungry...well, then you no longer have a bowl of rice, you have a half of a bowl." He spoke of the practice of the religion being ongoing and fully absorbing - that Rasta is not a religion that requires a nightly prayer or a weekly observance, but living a lifestyle of constant consciousness and fulfillment. The use of ganja, Eddy told the court, is essential to his practice of this religion, as it allows him to "reach a spiritual plateau where he can communicate with the most high." It is this communion that gives perspective to the Rasta practitioner's effort to improve the world, as in Eddy's description of morning ceremonies at the ministry during which attendees commonly come together in lengthy discussions of global social and political problems.

The strength of Eddy's devotion was demonstrated while describing the history of his involvement with the Rasta religion. Eddy described himself as being a Rasta since birth, because the values and the beliefs of the Rasta religion are the same values and beliefs with which he was raised. A shattering of this faith followed his experience in the Vietnam War, beginning with a blurring of the distinction between right and wrong, and finally escalating into life-threatening drug and alcohol abuse. Eddy referenced a point at which this lifestyle demanded of him a choice to either die or change...at which point he decided to make a change that marked the re-affirmation of the beliefs of his early life, as well as the search for further enlightenment within religious community. An important part of this devotion, according to Eddy, is helping others through the spiritual and medicinal use of cannabis. He described the day when he made the dedication to helping people in this way. "They had just cut my wife's throat open from ear to ear," he said. "Then the doctors said they hadn't gotten all of the cancer and they were going to have to cut her open again. So I went out into my garden and smoked a joint, and I asked god to give Linda strength. I said to him that if he would give Linda strength, then I would devote myself to spreading the word of the sacred plant. I have not to this day broken my word to god, and I will not ever break my word, no matter what happens, and no matter what is said here in this court." When questioned about his ability to practice his religion while abiding by the current release condition that he is forbidden from using cannabis, Eddy explained that sacraments are still being made and that his ministry has not suffered. "It is me personally that has suffered," Eddy explained. "For a Rasta man not to have his ganja is unthinkable."

The prosecution followed with a line of questioning that appeared to be aimed at diminishing Rasta as a religion and questioning the motives of Eddy's religious beliefs. After hearing about Eddy's morning ceremonies at his ministry, Prosecutor Hall asked Eddy, "So is the Rasta religion really just a get-together, then? Are there no buildings for the Rasta religion?" Eddy explained that "you don't need a building for Rasta," since a religion that is based on lifestyle travels with the practitioner everywhere, and because a religion that is based on identifying with Mother Earth is often practiced in nature. The prosecutor then asked if Eddy had embraced the Rasta religion because it justified his use of marijuana. Eddy replied clearly and firmly in the negative, and when questioned further about his motivations, explained, "My motivation has been to do the work of god. That's all."

Medical necessity was the second part of the argument to allow Eddy to use
cannabis during his pre-trial release. During questioning by the defense, Eddy described the problems with his health and the ways in which he benefits from the medicinal use of cannabis. He spoke of a golf-ball-sized tumor being removed from his temple a few weeks ago, degenerative nerve disease, arthritis, migraine headaches, gastroesophigal reflux disease, severe back spasms resulting from a fractured disc, and post-traumatic stress disorder. The defense submitted as evidence a long list of prescription drugs Eddy has taken to treat his illnesses, and Eddy gave testimony to the ways in which prescription drugs have not only been minimally effective for him, but also have resulted in a great deal of negative side effects. Cannabis, in contrast, is the only medicine that treats all of his conditions simultaneously, and without the negative side effects of other medications. According to Eddy, the Marinol he has been prescribed since his release from jail has been a very poor substitute for cannabis.

Eddy's testimony was corroborated by expert witness Dr. Eugene Schoenfeld, who was called to the stand following Eddy's cross-examination. An addiction specialist, Dr. Schoenfeld gave medical legitimacy to Eddy's descriptions of his health and the benefits of medicinal cannabis. The prosecution's cross-examination of the doctor, however, relied almost obsessively on making out-of-context quotes from the 1999 publication of "Marijuana and Medicine, Assessing the Science Base." After bumbling through a few mispronunciations and demonstrating to the court his ignorance of the meaning of the word "thermal," Prosecutor Hall seemed to lose a great deal of ground in his questioning. Dr. Schoenfeld competently defended his view on the medicinal use of cannabis, and added to the testimony the opinion that there was no other reasonable alternative medication for Eddy available in the United States. Judge Patel then asked the doctor a series of questions about cannabis delivery methods, including numerous inquiries about the use of cannabis suppositories, before dismissing him from the stand and scheduling the next court appearance.

Following the proceedings, Peter Keyes and Vanessa Nelson protested outside the federal courthouse with a banner that read "Compassionate Coalition Supports Eddy Lepp." While awaiting his appointment to reclaim his seized property, Eddy joined in the protest and expressed his gratitude for the support. He smiled with genuine joy and wrapped himself playfully in the banner while cameras flashed. Seeing him in high spirits was a greatly uplifting feeling, especially in light of all the hardship he has endured in this fight. Much of that joy probably comes from knowing that he will win no matter what happens, because being victorious means helping others... and that's exactly what Eddy has done.

Come and support Eddy at his next court appearance. He is facing four life sentences and two 20-year sentences, as well as 17 million dollars in fines.

When: Friday, October 14th, 2005
Where: San Francisco Federal Building, 450 Golden Gate Avenue, San
Francisco, CA