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DC's MESSAGE TO HIS SUPPORTERS

Bill McPike

Fresno, CA Aug 14, 2005 -- I visited Dustin Costa aka DC Greenhouse in the Fresno Jail Saturday. He is in high spirits considering his surroundings. His message was that he loves all his supporters and gives them a BIG HUG. "Keep the MPG alive and keep removing graffiti."

DC'S HUNGER STRIKE -

DC is on a hunger strike and I had heard this prior to my visit. This was confirmed when a depity sheriff got me aside and told me that DC is being monitored closely about his health. He asked me if I could do anything to get DC to eat. I told him no, and explained that DC was arrested by the Merced Sheriff for growing MJ 1-1/2 years ago. That after going to court about 20 times the Merced DA turned DC's case over to the feds. The deputy seemed upset and sympathetic. I told the deputy that DC has a bad heart and that I hoped he survived the ordeal. "If he passes out, be sure they check his heart condition."

BACKGROUND OF STATE ARREST TURNED INTO US ARREST -

DC allegedly grew $4 million of MJ plants, which is according to the Merced Sheriff Mark Pazen's press release on 3/20/04. This may be searched thru the Merced Sun Star website. However the count was around 880. Hundreds were mere clones. He had 3 search warrants starting with P.G. & E, next was a thermal imaging for heat and the last warrant was a ground/house search which resulted in his arrest. He lived on a farm and had a shotgun, so he was charged with various felonies and possession of a firearem in the commission of a felony. He bailed on on his $10,000. bail. As he will tell you, he retained me for a Hershey Bar fee and some gas money after that. Due to the fact of state asset forfeiture Dennis Roberts and I took the farm [which was in foreclosure] for our initial attorney fees. The asset forfiture never happened as we had the farm and were able to sell it 4 days prior to foreclosure.

We went to Merced Superior Court about 20 times on DC's criminal action. This started in March, 2004. By July DC had a court order that he was legal to use and possess no more than 1/2 pound of marijuana under his physician's [Dr. Tom O'Connell's] medical approval. In April, 2004, DC held Weedstock at his farm which had guests like Judge Jim Gray [Libertarian Candidate for US Senate] Dennis Roberts, Rick Runcie [People v. Mower, legal counsel] expert Chris Conrad, Nathan Sands of Compassionate Coalition, and myself.

Thereafter, DC helped organize a private club in Merced, the Merced Patient's Group or MPG. There are now about 300 MPG dedicated members. They are involved in community service such as graffiti removal and counseling. There is quite an impressive team of talent in MPG.

DC was headed to a preliminary hearing in state court on October 6, 2005. Shortly after his last court appearance which was the same day the Merced Sun Star had a very favorable article on the MPG graffiti removal program, DC was arrested under a US arrest warrant which covered the same MJ counts int he state action. His arrest was on 8/10/05, and about 18 months after his state arrest.

This transfer from the state prosecution over to the feds, after 18 months becomes the issue. How can anybody go thru 18 months of prosecution in state court only to be handed over to the feds? Is this following state law? Issues we ant to look at are this transfer, and possibly a civil suit against the state local actors, and the fact that DC has a state court order authorizing his MMJ use. Whether this state order can get DC around the lack of any MMJ defense in US court remains to be seen.

DC's US COURT CASE No. 1:05-cr-00281 AWI

He will be in US Court 1130 'O' Street, Fresno, on Wednesday. His Judge is Anthony Ishii. Judge Ishii moved up the ladder from a Fresno County Superior Court Judge in the small town of Selma, and was later appointed to the US Court. I have had appearances before him in Superior Court, and he is quick and fair ruling from the bench in most cases. He has ruled against the DOJ in various cases.

DC's US JUDGE - ANTHONY ISHII [if you write the judge use the above
address.]

Shortly after Ishii's US appointment, I had a brief encounter with him at US Congressman, George Radanovich's party at the Belmont Golf Course and Country Club. This was for the congressman's baby son's party [King George] and limited to around 100 guests. I got invited through my son had been an intern for about 1 year, working for the congressman, under the direction of his former Fresno Administrative Assistant, [now former state assemblyman] lobbyist, Steve Samulian.

Ishii told me about his FBI background check and how this was done. He said he had a delay in his appointment as he couldn't explain about 2 months of his time to the FBI. He said he finally realized that the 2 months were when he was studying for the bar.

DC's US GRAND JURY INDICTMENT FOR MARIJUANA -

DC's US Grand Jury Indictment has 3 MMJ counts all originating from his state MJ arrest on 2/19/04. Manufacturing, possession of 8.8 pounds [this was leaves not bud] and intent to sell. It cites Dustin Costa "aka DC Greenhouse," which we both had a good laugh about.

DC NEEDS SOME MONEY ON HIS JAIL BOOKS -

DC needs some money placed on his Jail books for his necessities. He has to buy shampoo, a toothbrush, etc.

This can only be done by US Postal money order, hand delivered on mailed to: Fresno County Jail - North Tower, PO Box 872, Fresno, CA 93712. His jail numbers are T-229755 AND 05-26206. His date of birth is 10/11/46. Any funds sent will be appreciated in advance.

These should be addressed to the jail and not include any letters pictures or notes to DC. Send your mail separate from US Postal Money Orders.

Any questions should be directed to MPG (209) 726-5216 or Bill McPike Attorney at Law (559) 841-3366.

Hope to have a big turnout this Wednesday for DC's OR release hearing at the US Courthouse in Fresno.

DC thanks all of his supporters, Bill McPike