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Mar 20, 2008

Fry, Schafer, and Me

by Mickey Martin — last modified Oct 09, 2008 04:09 AM
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i was honored to meet the brave souls whose lives hung in the balance yesterday and stand by them in their most trying hour. Dr. Mollie Fry and Dale Schafer were sentenced in Sacramento yesterday on what was a sad day for our country and a reminder to me that justice is not always just.

I arrived at the courthouse shortly after noon to find a group of close friends and family gathered around Dale and Molly. I did not want to interrupt, but was greeted by Dr. Mollie, as she took no time to introduce herself and I explained to her what was going on in my world briefly and expressed my sympathy and gratitude for their courage. She asked me why I had come, and I replied, "To support you guys." This answer is true on the surface, but underlying was my need to see the justice system in action to make a more informed decision about which direction I may go in my own case. Two birds with one stone. I was amazed at the calm and cool nature of both Dale and Mollie, as I discussed the tragedy of our legal system and tried to understand better what in the world our justice department was doing imprisoning a woman that could be my mother. In fact, in all of her struggles and mixed emotions, she took the time out of her life to straighten my tie and pin it to my shirt. I almost cried. Here was a mother of many children, a doctor, a community leader that was facing a harsh prison term of five years and she still was helping ME straighten MY tie. I was honored. I had never met Dale and Mollie previously, but have followed their case very closely. Tony Serra is also one of the attorneys working on our case and he has often expressed his frustration with our justice department regarding medical cannabis. He has stated that this case was tragic to him and that it has left him feeling like he has hit a brick wall with the whole medical marijuana debate and the federal court system. It must be frustrating to not be able to truly tell a story, as the courts do not allow for defendants to mention anything about medical cannabis in front of a jury. This is the struggle we also face, as our arms are twisted to take the government's offer and avoid the mandatory minimum injustice, that these two now face. I had to see it firsthand I guess to truly understand that, YES....OUR GOVERNMENT WILL THROW ALL LOGIC AND COMPASSION OUT THE WINDOW TO "UPHOLD" ERRONEOUS LAWS AND UNJUST SENTENCING GUIDELINES. I guess "mandatory" means just that...mandatory. I was amazed. I sat there tensely waiting for a miracle that did not come. I waited for the smug, bow-tied, and obviously conservative judge to reach deep down into his voice of reason, conscious, morality, or whatever you want to call it, and find a way to go against the grain for once in his life and make the RIGHT decision. The JUST decision. The MORAL decision. But sadly he did not. He sounded as if he could not. But it simple felt as if he WOULD not. He read aloud his decision, and although he made it seem as if he had no choice on the matter, his obvious disappointment in the defendants' decision to "soldier up" and not succumb to the government's wishes left me feeling as if he could have done something but simply let his disappointment get the best of him. He did release the two on bail awaiting appeal, for which I was grateful to at least see that there may be justice buried deep down there somewhere under all of that paperwork. He did tell the good doctor to not recommend medical cannabis and brought up some cases that he was concerned about regarding "questionable" recommendations she had written in the past. I asked myself, "When did the Judge and the Prosecutor get THEIR medical license?" But alas, the desire for freedom trumped what is right and Dr. Fry was forced to stop practicing her medical cannabis work to keep her freedom. Simple fascism. I had a long drive home afterwards thinking about what I had just witnessed. Thinking about the judges words. Dr. Fry and Dale's words. The words engraved on the stones of the courthouse steps. I thought about what I would do regarding my own case. Did I also want to face the injustices of mandatory minimum sentencing? Did I want to raise my small children from a prison visiting room because I was "right?" Could I face the harsh reality that sometimes life just is not fair? That justice is not just at all, but a cold calculated machine implemented by the powers at be to keep its citizenry from rising up and demanding our voices be heard? Could I make those calculated gambles against a system that is obviously flawed and forced to follow the immoral practices of bad government policy? I learned it was an uphill battle that could turn horribly wrong at any moment, and that I, like Dale and Mollie, could face a mandatory minimum for making medicinal edibles for the sick and dying. I still have no idea what the right thing to do is. I struggle with my convictions as an activist and medical cannabis patient and provider. I look into my young children's eyes and understand the tragedy that could come from my unwillingness to accept a plea deal. I am a torn man in many ways and still pray for a miracle to make this all go away. I wish Mollie and Dale the best in their appeals, as I will be there for them in anyway i can. I commend them for their bravery and hope in the end that Lady Justice will weep no more and that they will be freed from the clutches of tyranny. I thank them for their courage to brave uncharted territory and challenge the government's evil and immoral policies regarding medical cannabis. But most of all I thank them for taking a moment out of their lives to meet me and help me with my tie.
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