New “Hard Way” member prepares for Federal Trial

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Mark Bagdasarian joined the Human Solution international’s family “the hard way” today and I believe it’s finally time to get a chapter launched in Fresno in preparation for the trial 

Mark will be a guest on this sunday’s radio show! 

August 26th trial is set to start and that will give us plenty of time to prepare if we get moving

I will be heading up for a unity session in Redding June 18-21st and will be passing through Fresno on the way up and back please contact me if you are willing and able to participate in this necessary and powerful expression of Activism 951-436-6312 or [email protected]

Here is the press release from DEA after the indictment: remmeber the source…….

Buds 4 Life Marijuana Store Owners Indicted

FRESNO, CA — Drug Enforcement Administration Special Agent in Charge Anthony D. Williams and United States Attorney Benjamin B. Wagner announced that a federal grand jury returned a four-count indictment today charging Mark Bagdasarian, 53, and his son Ryan Bagdasarian, 24, both of Clovis, with conspiring to cultivate and distribute marijuana and possessing marijuana with the intent to distribute it. Mark Bagdasarian was also charged with cultivating marijuana.

According to court documents, between April 2010 and October 2011, the Badgasarians conspired to distribute marijuana through the Buds 4 Life marijuana stores they owned and operated. Mark Bagdasarian is also charged with growing marijuana for the stores.

According to the criminal complaint, in June 2011, the Bagdasarian’s stores were searched and law enforcement officers found 3,669 marijuana plants, 219 pounds of processed marijuana, and more than $546,000 in cash. One defendant said that the business was generating $30,000 to $50,000 per day in revenue. In August 2011, they reopened a store. A more recent search yielded another 35 pounds of processed marijuana and $40,000 in cash.

This case is the product of an extensive investigation by the Drug Enforcement Administration and the Fresno County Sheriff’s Department. Assistant United States Attorneys Elana S. Landau and Kevin P. Rooney are prosecuting the case.

Mark and Ryan Bagdasarian are scheduled for arraignment on Friday, October 14, 2011. If convicted, they face a maximum sentence of life in prison, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

project idea for our graphics folks

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this just came in from one of our defendants in AZ

if you are interested in helping with this project please call 951-436-6312 or

email [email protected]

I’m wondering if we can find someone with computer skills to make T.H.S. templates on the website for bookmarks and postcards that someone could enter in their info: pic, name, age charges, persons personal history of good deeds and challenges, education, what ever they feel like talking about, and put T.H.S. as a top logo and website on the bottom, or however they feel would bring a professional look and then the user could print them off right there and you would have it saved for your use and they could pass out their info to get their message out and also T.H.S.’s info for people who want to do more. Maybe even have a printing company that can make them for cheap and send em right to their door if they can’t print the bookmarks and postcards

Day 3 Noah Kleinman trial 

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Due to a scheduling conflict, I was unable to attend the entire day of testimony from Paul Montoya to be referred to as Rat #1
The US Atty continued to drone on as they tend to about email messages between Paul and Noah in an effort to build their case as “overwhelming”

On Cross examination Allison worked to establish the “store as Paul called it” as a collective. She got Paul to admit that he only in the past couple of months referred to the dispensary as a store. He also testified that his clients signed an agreement before they were able to join however he did not acknowledge creating nor approving it. In such a case there is so very little that can be offered as a defense as state law does not apply however if a juror determines that was acting lawfully but for the federal conflict, they could be the first one ever to use their power to nullify.  Paul’s plea deal was brought up and although Paul insisted that he had nothing to gain from his testimony by the U.S. Attorney’s office, We know that although the judge ultimately decides the sentence, The U.S. Attorney has the power to add or drop charges more or less as they please. The sentencing report issued by the U.S. Attorney’s office is also at very least an influence. Court recessed for the day around 2pm and the schedule will be 8am till 2 or 2:30 p.m. two 15 minute breaks but no lunch at the judges suggestion.
After court we went to DeeDee and Paul Kirkwoods and shared dinner with Noah and several of the Human Solution’s Green team..Per the attorney’s request I did not interview Noah however we had a very nice afternoon and there is no doubt the value our support has to his spirit and we continue our pledge to gather support from wherever we can.
Now we have reached out across the movement and to non affiliated activists and although so far it has been all THS, word has it that some “others” will be joining us from San Diego this week. We also have carpools forming from Riverside, Orange County, Long Beach, and The San Fernando Valley. Please contact us if you are willing to attend but need a ride! 951-436-6312 or email [email protected]
Our offer still stands to Los Angeles area Activists… please come out and join us. Tuesday till trial is over….
In somewhat related story, Tuesday is election day and another civil rights group is planning a first amendment expression protest nearby and rumor has it that there may be  a jury nullification message displayed between noon and three pm. Please consider coming out and expressing yourself outside the courthouse as loud and boisterous as you like!!!
Thank YOU for being a part of the solution


Blessings

Joe Grumbine

Opening statements and Paul Montoya the rat takes the stand

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Day 2 of the Noah Kleinman federal trial. Paul is charged with dispensing more than 1000 kilos of marijuana and faces a mandatory minimum higher than many murderers receive.
The day began with the selection of the two alternates to complete the jury .About a dozen green ribbon wearing THS supporters were  in the gallery; The judge once again asked it there was anything about this case that would keep you from being fair and impartial. A man named Jorge answered and announced that his cousin was serving a 10 year sentence for pot in Florida. I wondered if he was one of the pows that we support. When asked if he thought his cousin was treated fairly, Jorge replied yes. I hoped he was just saying what the judge wanted to hear and potentially represented our “ringer”
The judge again made several wise cracks including ” so called marijuana card” despite the seriousness of the stakes involved in the case.
he again pointed out that this is a federal case and asked “Will you follow my instruction unequivocally and all said yes. He went on ” what we would all want as a jury is the best and brightest and I need to know if this is you!”

They seated the alternates and the judge again told the jury that they would try the facts as they find them and apply the law as I give it. You will not entertain any outside influences.
mom turned around and whispered thank you to the human solution’s green team
Opening statements from the government began laying out the charges of conspiracy to distribute marijuana, maintaining a drug house, distributing or aiding and abetting and laundering money. they talked about intercepted emails, testimony of rats, rented cars, burner phones, and investments and of course federal law….
Raza Lawrence presented the defenses opening statements. I am usually very critical of defense attorneys and today is no exception. I was pleased with Lawrence’s statement. He successfully brought in the elements of jury nullification without saying all of the words. He spoke of protecting rights. one of my favorite quotes of the day was “No one can punish you for your decision. I hope you take this seriously.”
he went on to point out that the opening statements by the government were not evidence and that we are Innocent until proven guilty. He brought up that Noah is being charged of distributing more than 1000 kg of marijuana however less than 1kg was ever recovered in the raids.
You will hear testimony from witnesses that have plead guilty and have been coerced into testifying for the government to lessen their sentence… Judge got pissed and reminded everyone who decides the sentences. He talked about the wire tapping and surveillance used to gather the hearsay evidence. he brought up the government spying and how you would like the way they take a few statements out of context to make their case. Raza also mentioned that Noah was a family man that led a normal life. When he finished,he said to find the defendant not guilty and send a message. Exercises your power, do justice, Try your hardest to follow the judges instruction and do the right thing.  the judge mentioned that he was going to give the jury nullification instruction recommended by the us attorney. (obviously an anti nullification instruction)
the government’s first 3 witnesses were cops and then….
Enter Paul Montoya the rat!
He was every one’s worst nightmare. In fact after knowing so many stories that inmates serving long sentences including life have shared about how they ended up in this situation. This was the classic case. Paul admitted that he plead guilty to conspiracy to distribute more than 1000 kg of marijuana. He identified Noah and began the onslaught.. he testified to selling marijuana both inside and out of the stores. He named many people and testified to receiving and selling cannabis from Canada, Philadelphia and new york. He named investors, talked of grows and mentioned many many of pounds being bought and sold.
He went on to talk of renting cars, setting up stash houses and buying a vacation home in the Philippines. I think it is important to understand that one of the tricks that the government both federal and state like to do is to focus on the sheer amount of marijuana as though this is the part of the case that is criminal and of course the money is always looked upon as the criminal element.
the slippery slope we fall into is that if you accept an amount as acceptable and another as criminal, then we are all hypocrites… same holds true with an amount of money acceptable.. truth is that the federal government holds fast that it is illegal to think about giving a joint away or selling it for a penny…….
I want to thank the court supporters for being on best behavior and I want to invite all the squirrely ones that have thankfully stayed home so far to join us outside the courthouse in protest… rumor has it that on Tuesday there will be a march across the street from the courthouse playfully exercising first amendment rights. please join us if you can….
remember carpools are the best way to arrive and give a call if you are interested in participating 951-436-6312
my challenge has yet to be answered by the many activists in Los Angeles except by a slim few… Please come out to show support if you can this is the easiest way to make a difference and when we all stand together we WILL end Prohibition
Thank YOU for being a part of the human solution!!
Blessings
Joe Grumbine
please share this story if you are unable to attend

Jury Selection begins in Noah Kleinman’s federal trial

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“Do you swear to answer the questions truthfully regarding your qualifications as a juror?” asked Otis Wright II an aging, balding black man, currently a federal judge, previously a prosecutor and policeman.  He went on to say “I know you’re trying to come up with a really good excuse”  He explained that he is a one man operation and is preparing to close his courtroom down after this trial so that he can answer his jury summons in state court. “You all pay for this courtroom to be open but I got a summons and I am going to show up because I believe in the system.” He went on to say “We’re trying to find fair and impartial jurors because that is what this juror deserves.”

“You are to apply the facts of the case to the law as I give it to you, not the law as you would like it to be.”

“You may think there is a conflict between state and federal law, I can assure there isn’t.”

The judges opening remarks were pointed and I suspect foreshadowing of another sinister federal trial.

I looked around and saw 11 welcome supporters most were current THS “green team” members and this number grew to a high of 24 before lunch break. A few family members, a lawyer and his assistant, and a reporter were also present.  At break, I met Shawna, a defendant from Palmdale that joined up with The Human Solution intl. She is a defendant and wants support! She is also willing to launch a chapter in the area and we’re excited to help!

The judge said that this case may take 6 or 7 court dates to try is this a problem? 9 people raised their hands and proceeded to tell their tales of woe. One lady claimed “no good English” however she had lived in the USA for 30 years…. The judge didn’t buy it.

He then asked if there was anything about the nature of the case that would keep you from being fair.

Five people raised their hand. I thought it interesting the first one talked of a niece with a rare genetic disorder that caused seizures and was treated with canabidial in Colorado…. Go figure

One had a friend that got in an accident when he was high then got hit by another guy that was high.. “I ever touch the stuff “he said.

Yet another had a family friend whose nephew drowned because his dad got high instead of watching him…….

The first of many sidebar conferences was held and a static sound came over the speakers to muffle the voices.

“Do you know any of the witnesses mentioned, attorneys, or court personnel?  0 answered

Next he asked if anyone used or knew anyone being treated by cannabis. Many hands raised and I was intrigued as all these people were potentially incriminating themselves in federal court. Most had friends or family that used cannabis but one admitted to having a card and using the drug.

The judge went on to say “Under California law it is permitted for certain people to use and sell marijuana. This case is not about state law.

There is federal law that forbids the possession sale and distribution for any purpose.

Is this going to cause anyone a problem?”

One man raised his hand and in a strong accent stated that he had issues with the law… the judge grilled him and in the end he agreed to follow the law as the judge gave it… later he was sent home.

More sidebar conference and at this point I noticed the mother of the defendant crying…..

The judge admonished the potential jurors not to have any contact with anyone outside the jury and not to even discuss the case amongst themselves. I want to point out to current and future court supporters to never approach a seated juror not even for light conversation. It is just too risky and likely to cause “jury tampering” charges to occur.

Fortunately, today the supporters were well behaved and no issues arose. The US attorney did however ask about the ribbons and attorney Allison Margolin didn’t know…. She knew some of the supporters however… “Good Job Allison” no need to start this off poorly.  The judge made several wisecrack remarks about the use of medical marijuana and made his position clear without stating it….. This is an uphill battle and may require one or two jurors to do the right thing and use the power given by the constitution but hidden by the justice department of nullification. The power to vote Not guilty when a law is immoral or unjust and risk no punishment by any judge!

Before and after lunch they had a marathon sidebar conference and I found out later that they did the voir dire process behind the veil rather than in public…. The jury was seated and two alternates remain to be selected tomorrow. I also noticed that in addition to the gold fringed American flag, there was a Marine Corps flag and that was it….. Go figure.

I noticed that a few Los Angeles THS members joined the green team and I couldn’t be more happy… no other groups however have answered the call yet…. Please think unity!!!

Noah and his family are so happy that the human solution is supporting them especially on such short notice!

WE ARE ALL NOAH KLEINMAN! In the eyes of the feds, we are all criminals and it’s time that we stood up for our freedom!!!

Please come out tomorrow or Friday 8:30am till 5pm

312 north spring street Los Angeles federal court courtroom 11 judge Otis wright II

Contact me if you are interested in ridesharing 951-436-6312 or [email protected]

Thank YOU for being a part of the solution