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Posted by: Kim_Hamilton on 01/31/2011 10:12 AM
Updated by: Kim_Hamilton on 01/31/2011 11:35 AM
Expires: 01/01/2016 12:00 AM
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Letter to the Editor~by Jay Smith
"On Friday January 28, just over a year after my initial arrest, my case has finally settled. I was originally charged with three felonies after I sold an ounce of marijuana to an undercover officer posing as a medical patient. The case has ended with me pleading guilty to a misdemeanor. I have been found guilty of violating Section 32 of the penal code, which basically says that I am guilty of having knowledge that a felony was committed by another person......
(I suppose the conviction is somewhat valid, as I am aware that Deputy Steve Avila committed multiple felonies during his investigation.) I will not be on probation, and I can continue my work in the movement.
I am unsure what this case has ended up costing the county. The investigations into Avila’s misconduct alone must have cost the taxpayer quite a bit. I know that I have spent between Kcares loss and defending myself 45,000 dollars.
This still feels like a loss to me. To plead guilty to anything when you have not broken the law leaves a person feeling very sad and powerless. Had I had the resources, I would have taken this to trial. That said, I am certainly glad it’s over.
I want to thank my lawyer Ean Vizzi from the Pier 5 Law Firm. He is the best person I could have chosen to defend me. I also want to thank (in no particular order) Americans For Safe Access, CalNorml, and Calaveras Patient Resources. A very special thanks to every person who came to a court date, wrote a letter, or reached out to me in any way during this ordeal.
It is sad that so much energy and resources had to be wasted in order to protect a right that we have already secured. On the other hand, the positives should not be overlooked. Community awareness is much higher now, and the local atmosphere has become more law abiding and patient friendly as a result of my fight and the efforts of those supporting me.
Jay Smith"
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