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THE LOW DOWN ON THE VICTORY OF MARTY AND LAVONNE VICTOR

by David Herrick

Riverside Nov 18- The sun shone exceptionally bright for a November afternoon, as clouds filled the sky, birds were chirping and all seemed to be right with the day.

In the household of Marty and LaVonne Victor, LaVonne was cleaning and discussing going with roommate Robin, to get the oil in Robin's car changed.

The telephone rang, and on the other end was attorney J. David Nick, calling to inform the Victors that the Riverside County District Attorney has offered to drop all felony charges, in lieu of a plea to misdemeanor "Furnishing Less Than One Ounce."

Based upon statements made to the police at the time of the execution of the search warrant, it was determined by both the prosecutor and defense attorney's, that a case could be "Made" and a finding of guilt was probable, if the Victors insisted upon going through a trial for the misdemeanor charge. All charges were dismissed regarding LaVonne, and Martin will plead guilty to the misdemeanor which will result in a fine, no probation of any kind, and a removal of any conviction on his criminal record whatsoever. On December 1st, Marty will plea to one count of misdemeanor furnishing of less than one ounce of marijuana. (A small "Bud").

This case has gone on over three years. The Victors have had to mortgage their home, borrow from family, and friends, and seek contributions and donations from strangers. They have had to endure their picture in the paper, news stories, and live interviews. They have made numerous court appearances, and driven hundreds of miles. They have spent money on gas, food, and lodging for not only themselves, but for their attorney's. Expenses above and beyond what would be considered normal cost of living expenses, and for two people on disability fixed incomes, unbearable to say the least.

No, they are not the first to endure such a hardship, families throughout the nation are suffering from the "War On Drugs " on a daily basis. But in this case, Marty called the police and asked them what was the plant limit in Riverside County. To this question, their response was fifteen plants. Marty grew thirteen, and we all know the result of that.

The question evolved around quantity, with the deputy district attorney exclaiming that 106 jars represented intent to distribute, instead of their true intent which was to cure. "Why don't I just place all 106 jars in front of the jury, and let them decide if this is to much pot for two people." Declared Deputy District Attorney Cynthia Brewer. I often wonder if I collected a year supply of all of the alcohol containers found in her trash, if a jury would consider that to be too much "Booze" for one person, much less two people or more.

Now, a "Country Judge" who would have had an unique opportunity to rule on medical necessity and quantity issues, will accept a plea of guilty from Marty Victor, a citizen of the City of Temecula, in the County of Riverside, in the State of "Kalifornia," for a crime he did not commit, but could be found guilty by pure circumstance.

Was it circumstance that brought Marty and LaVonne to this point? Or was it the signing of SB420? Did the District Attorney see the writing on the wall? Or did he choose to settle for the win, regardless of the fact that it was a lot less than what he had hoped for? Did the fact that J. David and the Deputy D.A. prosecuting the case, were once in Law School together, make a difference in how and why this case came to an end? We may never know the real reason, or what really transpired. The point is that the case is finally over, and once again there is laughter and joy throughout the Victor household.

In this holiday season, let us not forget those who are still incarcerated, and those facing incarceration. Let us not forget those who have passed, and those who are passing. Let us not forget those who have been forced to plead guilty to crimes they did not commit, and those who are but moments away from becoming another statistic, and another victim of America's War On Drugs.

Marty is a victim of a system bent on doing whatever it takes to get one convicted. And Martin is pleading to something that he really did not do. Why? Simple, he would be found guilty by circumstantial evidence, and likely to face three years probation, (Informal), a larger fine, and possible jail time. This way he gets a fine (small), a misdemeanor with no probation, and the whole thing erased from his record in two years. From cultivation with intent to distribute (Sell), to a misdemeanor furnishing less than one ounce, took three years, and one hell of an emotional toll on two patients, their family, roommates, and friends all because they went to the only source that they knew of who would furnish them with reliable information, and that was the police. And by that mere act of going to the police, it got them raided, it cost them a fortune, and they became criminals. Now they are citizens once again, and now they can move on, but they have become ever more involved, and have formed C.A.P. The Cannabis Acceptance Project. They will be holding meetings at the Temecula Public Library, and will be forming a education based public awareness group, to get the word out once and for all, that the medicinal use of cannabis is law, and that police, and city councils, and county supervisors must adhere to it. Next time, I don't see them calling the police, I know I'm not. :-)