Tim O’Shea Medical Marijuana Case Update – Motion to Dismiss Granted!!

by on July 1, 2013 · 6 comments

in Civil Disobedience, Civil Rights, Culture, Health, History, Ocean Beach, San Diego

Tim OShea Med MJ case

Tim O’Shea

By Terry Best / San Diegans for Safe Access

San Diego, CA – On Thursday, June 27, 2013, legal cannabis patient and defendant Tim O’Shea’s jury came out of deliberations hopelessly deadlocked in a three guilty; nine not guilty split and Judge Charles Rogers declared a mistrial.

Defense Counsel, Mark Bluemel, immediately gave an oral motion to dismiss the case in the interest of justice, which the judge delayed hearing arguments on until today, July 1, 2013. His reasoning was to allow the District Attorney’s office time to decide if they would re-file against Tim, which is their right in cases of deadlocked juries.

Deborah La Touche, the prosecutor in this case told the judge today that after speaking with two department heads, they would re-file the case against Tim due to the “strong indicia of sales” in the case.

The judge encouraged Mark Bluemel to submit to the court, indicating he did not need to hear Mr. Bluemel argue his motion. One could speculate that Judge Roger’s had made up his mind. However, it was a very tense time as we listened to his honor. Here is what he had to say: He felt another trial, of course, would be burdensome to Tim O’Shea and explored the possible purposes a new trail might serve. One purpose would be for a resulting punishment in the case which did not seem appropriate to the judge. The preservation of public safety was another possible outcome and his honor did not find that applicable either. Further, Judge Rogers could not find any valuable purpose for re-trying Tim and felt Tim had not broken the spirit of the Compassionate Use Act or the Medical Marijuana Program Act.

Further, the judge reminded La Touche that her case was NOT one of 7,800 grams of medical cannabis but was, without the stalks, a mere couple hundred grams.

Judge Roger’s pointed to the fact that three quarters of the jury had voted not guilty, and he himself did not think it was a strong case for sales therefore he doubted a unanimous guilty verdict would ever be reached against Tim. Judge Roger’s granted with prejudice Mark Bluemel’s motion to dismiss in the interest of justice the people’s case against Tim O’Shea, thereby ending District Attorney and failed Mayoral candidate, Bonnie Dumanis’ torture of this kind-hearted citizen.

I had the privilege of speaking a full hour with another juror (I had already spoken with one directly after Thursday’s deadlock and reported on that previously in my 8th day update) who called me over the weekend. She told me the entire jury felt very sad for Tim. They did not understand why the police would exaggerate evidence and many felt angry the case was prosecuted since there was no egregious behavior, no selling to kids or blatant misuse of the CUA or MMPA.

None of the jurors had a problem with marijuana and felt it would be legalized soon and all of this would be a moot point. They were angry that eight days of their time and public employee time had been wasted prosecuting this case.

The jury’s opinion and then Judge Roger’s decision to stop further prosecution of Tim reflect what the People want much better than the very office sworn to represent those People; proving the courts indeed provide the checks and balances in answer to the injustice and tyranny of our elected District Attorney.

It is uncommon for judges to dismiss and thwart the DA’s office as Judge Roger’s did. Some do not even do this in hung jurors of a split even more in the favor of not guilty then this one; a big thank you to this fair and forward-thinking judge.

It is a great day for patients today!

{ 6 comments… read them below or add one }

avatar josh smith July 1, 2013 at 3:40 pm

This is so cool that MMJ legalization is starting to really grow nationwide!! But what is cool is that you can invest in publicly traded companies that deal with the MMJ business model’s regulations. The true profit potential has not even been realized yet–so it could easily be in the billions annually. A company to look into is medical greens–:(OTC PK:SKTO). They just started up the company in March 2013 but their business plan is to be consultants to collectives in California to ensure that collectives are following the regulations. it is brilliant and they already made 5 million in profits in their first quarter which was only three weeks! the chairman of the board is Kevin Allyn who is a veteran of the entertainment industry–he will be interviewed by CNN veteran Larry King in the near future to talk more about the MMJ movement and plans for medical greens. This company has also been endorsed by Gavin Newsome the Lt. Gov of California


avatar Tyler July 2, 2013 at 7:49 am

One step forward, two steps back, I’m afraid. Filner met with Duffy and co yesterday regarding a “compromise.” It’s basically Duffy and conservatives getting everything they wanted. They want only a couple locations in the whole city to strictly regulate and actually PRESCRIBE the cannabis to patients. Beyond the fact that this seems like violation of the CPA, I guess we will have to wait and see. Even worse, ex-drug addict Patrick Kennedy and his own myopic views were on full display during the meeting as well. The guy is a shill for the ONDCP and has been pushing San Diego as a guinea pig for his views on cannabis. The put it bluntly, it scares the shit out of me. He employs the “wont’ somebody think of the children” tactic and it’s nothing short of disgusting. I’m truly worried that the battle may be lost.


avatar Gary Ghirardi July 2, 2013 at 7:55 am

It is truly frightening how easily us Americans go willingly into our own DE-humanization. To celebrate the potential for profit upon the bones of so much profiteering prosecuting victimless crimes and then to see marijuana reform as a potential business bonanza rather than a sign of democratization at best or more public pacification at worse is the limit! But then since the Obama era we have been setting many new limits of how to reconfigure a people for social and political obfuscation.


avatar Richard Paul Steeb July 3, 2013 at 6:04 am

No one should EVER again be convicted of a cannabis “offense” in a jury trial. JUSTICE precludes that. In your FACE, Dumanis!


avatar Terrie Best August 17, 2013 at 1:31 pm

Hi There, Thank you for spreading the word! OB Rag rocks. I am the author of this piece and I have two corrections: my name is spelled Terrie not Terry and I am with San Diego Americans for Safe Access not San Diegans for Safe Access. Thanks so much.

Terrie Best
San Diego Americans for Safe Access Court Support Coordinator


avatar alex jones September 3, 2013 at 1:03 am

Nice Work bro! Way to beat the system and show them who knows whats up. Love you brother



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