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Free Speech Flap in Federal Court

by freeman HempEvolution.org

San Francisco Oct 18, 2004 -- Charles "Eddy" Lepp appeared before U.S. District Court Judge Marilyn Hall Patel this morning to file a motion to enjoin his civil suit against the DEA with the criminal charges of cultivation and maintaining a residence for the manufacture of a controlled substance.

Two dozen friends and supporters accompanied Eddy and his lawyers, Dennis Phillips and Bill McPike to the 18th floor courtroom where they were accosted by a US Marshall, who demanded they remove their t-shirts [which read "NoJailForPot.com"] by the order of Judge Patel.  He refused to give his name after they complied with his request.

Thomas Mazzocco, standing in for the usual prosecutor, David "Dave" Hall, was completely unprepared,  so court was adjourned while attempts were made to contact Mr. Hall.

Judge Marilyn Hall Patel was in a jovial mood and made several jokes during the proceedings that had the gallery in stitches.  She inquired about Eddy's possible sentence [life plus twenty years].  Mr Lepp answered he probably wouldn't be able to finish the sentence [given his age] to which Judge Patel remarked, "I'm not going to serve your [possible] sentence."

A motion for discovery has been stonewalled by the prosecution, according to Lepp's attorneys and documents seized by the DEA raid over two years ago hadn't been turned over.  An agreement was reached between both sides to expedite the motion for discovery.

Mr. Phillips asked Judge Patel, who has ruled in favor of medical cannabis defendants in the past, that the court needed to do some "housekeeping" [about the t-shirts], to which the Judge replied, "I don't do housekeeping, that's why I took this job."  She also added that many in the gallery "looked a little old to be wearing t-shirts".

However, after examining the shirts, Judge Patel said they were inoffensive and would be permitted.

A motion was also made to allow Eddy to travel to Amsterdam to attend the Cannabis Cup, due to the fact that Pretrial Services wants him to find an employment. Eddy's lawyers argued Mr. Lepp would fulfill their request by receiving a substantial honoraria at the awards ceremony, saying, "It's not like a bank robber going to a banker's convention."

Judge Patel was skeptical of the motion and set it aside until more information could be presented about the case, which was continued to Monday, November 1st at 3 PM.

A complaint about the misguided marshall was filed with the U.S. Marshall's Office with his supervisor.