YOUTUBE "Penn & Teller: Bullshit War on Drugs"
HUMOROUS - RECENT DEA AGENT BUST OF OWN SON
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DECEMBER 31, 2008:
DON CHRISTEN IS FOUND GUILTY OF OCT 4, 2007 BAIL VIOLATION AND PROBATION VIOLATION AND GIVEN TIME SERVED OF 55 DAYS WHICH WAS DONE FROM OCT. 4 OF 20007 TO NOV. 28, 2007. ALSO TAKEN UP AT THE HEARING WAS A MOTION FOR BAIL CHANGES AND A MOTION FOR RETURN OF PROPERTY. THE BAIL WAS CHANGED TO REGULAR BAIL CONDITIONS WITHOUT STIPULATIONS, MEANING THAT NOW DON CAN RESUME HIS CARE GIVER STATUS FOR PATIENTS, AND ALLOWS HIM TO USE MARIJUANA FOR MEDICAL PURPOSES AS BOTH OF THOSE ARE LEGAL TO DO IN MAINE. DON HAS HIS DOCTORS AUTHORIZATION IN WRITING AS REQUIRED, AND HIS PATIENTS ALL DO TOO, AND HAVE APPOINTED HIM THERE CAREGIVER FOR THIS PURPOSE WHICH WAS PROVED IN COURT.
AS FOR THE RETURN OF PROPERTY, THE JUDGE GAVE BACK ALL ITEMS THAT DID NOT HAVE RESIN ON THEM AS HE SAID THAT "IT WAS POSSIBLE THAT SOME ROGUE FEDERAL PROSECUTOR COULD CHARGE HIM FOR GIVING DON BACK THE MARIJUANA UNDER FEDERAL LAW, SO HE DIDN'T FEEL COMFORTABLE BY DOING SO." HE ADDED THOUGH THAT IT WOULD MAKE AN INTERESTING CASE WITH THE LAW COURT AND ASKED TO BE NOTIFIED IF IT WAS BROUGHT UP TO THE MAINE SUPREME COURT WITH THERE DECISION ON IT."
THIS WILL BE APPEALED AND WE WILL INDEED LET THE JUDGE KNOW AS WELL AS ALL THE PEOPLE.
DON IS STILL WAITING ON THE 2004 CASE THAT IS NOW AT THE MAINE SUPREME COURT.
DECEMBER 18, 2008:
THE TRIAL STARTED ON DEC. 17TH AT 9AM, A SNOWY DAY IN MAINE. THE STATES ASS DISTRICT ATTORNEY, JIM MITCHELL, OPENED WITH A LAME OPENING STATEMENT, FOLLOWED BY THE DEFENSE ATTORNEY'S POWERFUL PRESENTATION OF WHAT WAS IN STORE FOR THE JURY IN THE COMMENCING TRIAL. WALTER McKEE, COUNCIL FOR THE DEFENSE WAS READY AND FROTHING AT THE BIT TO TEAR INTO THE STATES CASE, WHICH MOST ALREADY FAMILIAR WITH THE CASE KNEW WAS PURE HARASSMENT BY THE LAW ENFORCEMENT AND DISTRICT ATTORNEY'S OFFICE FROM THE ONSET LAST OCT. 4TH 2007.
THE STATES PROSECUTOR WAS DOOMED FROM THE START AS HIS WEAK CASE UNFOLDED WITH THE ONLY PRESENTATION BEING THE ACTUAL BUST, WHICH THE DEFENDANT NEVER DENIED DOING IN THE FIRST PLACE. WHY THOUGH, WAS WHAT THE WHOLE CASE WAS ABOUT AND McKEE WAS QUITE THOROUGH WITH HIS PRESENTATION FOR THE JURY.
AFTER THE ASS DISTRICT ATTORNEY CLOSED FOR THE STATE, IT WAS APPARENT THAT THEY HAD NO CASE, ONLY THE BUST WHICH WAS THEN SHOWN TO BE A REAL CASE FOR THE JURY TO CONSIDER ABOUT MEDICAL MARIJUANA. McKEE SHOWED THAT CARROLL CUMMINGS WAS INDEED A LEGITIMATE MEDICAL MARIJUANA PATIENT AND THAT DON CHRISTEN WAS INDEED HIS APPOINTED CARE GIVER.
WHEN THE CASE CLOSED, THE JUDGE IN THE CASE RULED THAT CUMMINGS HAD MET THE REQUIREMENTS TO BE DECLARED A MEDICAL PATIENT, AND THAT CHRISTEN WAS AN ELIGIBLE CAREGIVER, BUT DID NOT ADVISE THE JURY OF IT BUT DID ISSUE THE AFFIRMATIVE DEFENSE FOR THE CASE THAT THE JURY COULD CONSIDER.
THE JURY WAS THEN ON THERE OWN TO DELIBERATE, AND 1 1/4 HOUR LATER DECIDED THAT IT WAS INDEED A NOT GUILTY VERDICT FOR DON CHRISTEN.
THANKS TO THE JURY AND TO GOD AS THIS CASE CLOSES.
NEXT IS THE HEARING FOR THE ALLEGED PROBATION VIOLATION, WHICH NOW SHOULD BE MOOT AFTER THE VICTORY, A BAIL CONDITIONS HEARING TO SEE ABOUT CHANGES TO ALLOW DON TO USE MEDICAL MARIJUANA AS HIS DOCTOR HAS APPROVED AND AUTHORIZED AS WELL AS TO ALLOW FOR HIM TO CONTINUE HIS CAREGIVER STATUS FOR LEGAL MEDICAL PATIENTS WITH LEGAL DOCUMENTED AUTHORIZATION PAPERWORK, AND A HEARING ON RETURN OF PROPERTY WHICH WAS TAKEN FROM HIM DURING THE BOGUS RAID OF HIS HOME.
THESE HEARINGS ARE ON THE 31st OF DEC. AND WILL BE JUST AS IMPORTANT FOR EVERYONE AS THE TRIAL WAS WITH IT'S VINDICATION OF THE MEDICAL MARIJUANA EFFORTS OF DON. THE OUTCOME WILL BE POSTED ASAP.
March 5, 2008
Don went to court today and judge LaVerdier ruled that his doctor had not listed his medical problems on the paper work so it was no good, even though it stated Don had one of the approved medical uses by law, and all other information was correct with the doctors authorization he denied the change of bail to allow for medical use. Never mind what the doctor has authorized and recommended, he just didn't care. This is just one more instance to show that the system is corrupt and has no regard for the patients or doctors, just their authority and mindset of refer madness. Their seems to be no doctor patient confidentiality with this medical marijuana law, putting all patients business out in the public for all to see. This is not done with any other prescription medicine whatsoever.
Also it was discussed that Don's status as a provider be reinstated, having met the requirements of the medical marijuana stipulations of 2 prior judges, Studstrunk and Marden to have the proper current medical documentation for each patient, but LaVerdier did not even want to look at it and refused to comply with any prior judges ruling. He did leave the door open to have Justice Marden hear the issue again and rule on it but would not himself do it. He could care less about the sick citizens who need a provider to help them get their medicine, and this is what we have to work with. Some day this will come back to haunt him is usually how this works, karma... The States Ass DA Mitchell was his usual mad dog self, and could care less about the sick people involved in the case, or any other person for that matter. He is a sick individual who definitely doesn't work for the people who pay his wages.
Meanwhile Don is now scheduled for a probation violation hearing on May 9th at the Somerset County Court. If it is ruled that Don is in violation then he will probably end up back in jail for an undetermined time which will be decided by the presiding judge at that time. Remember people this is all stemming from a case that is still on appeal and could be reversed in the end, but hard to give back the time once it is served in jail. We the people voted for medical marijuana, but the powers at large have done everything they can to stop all from being able to use the current law. The current law needs to be changed big time, and if it isn't these types of problems will continue which is just what the authorities want. It is time for every one who cares to speak out and get involved to make the needed changes. Write letters to the editor of the news papers, and talk to everyone you know about this issue, Be Vocal...
Feb. 27, 2008
Don has a hearing on his case for the alleged probation violation on March 5, 2008. The hearing will be at the Skowhegan Somerset County Superior Court House at 8:30 AM, and is before Judge LaVerdier. At this hearing Don has to show that the marijuana at his home on Oct. 4, 2007, was not in violation to the law and that he acted according to the laws and ruling by a previous justice who stipulated in his probation paper work that Don could provide medical marijuana to legal patients as provided by law. Don has a ruling from Justice Marden, that his paper work was as good as could be expected under the current law that is vague and hard to follow from his bail hearing in Oct. 2007. Don's lawyer has the transcript of this ruling for the hearing, and all previous documentation for the new judge to examine for the case. Don's medical patients will be in court to testify to the facts that Don was indeed growing the marijuana for them, and providing them with their medicine at that time.
Now it is time to see if the Courts will abide by the law the citizens created and want. Don has done all he can to follow the law as is written, and it will now be ruled upon. Don is optimistic and ready to proceed and get this law workable for the citizens of Maine, which the authorities, DAs, Law Enforcement do not want to work for our citizens and have done all they can to fight this and stop it from being used for the people who voted this in.
Other motions are also to be heard, but this one above is one that could decide Don's freedom. The others are to bring forward the medical documentation for the patients and Don's new medical marijuana paperwork for medical need forward to change the bail, so that Don can use the medicine his doctor recommended, medical marijuana, which will change his bail conditions, and allow him to provide for the patients that have appointed him as their provider, who are all legal patients as they have been since the beginning of the case, with basically the same paper work from their doctors, and the appointment papers that have been notarized to give Don permission to provider them their medicine.
Nov. 28, 2007
Don is brought up from Cumberland County and given his Bail and Stay of Execution of the Sentence Hearing at the Somerset County Court House. Bail is given again with the same conditions. During the trip to the Clerks Office to sign the Bail papers, an altercation between the transport officer and Pam, Don's wife and Bob Don's brother took place in which the transport officer was an arrogant asshole to Pam, and Bob who tried to defend her almost goes to jail. This showed Bob just how arrogant the authorities can be and changed his perspective for sure. A complaint is now being lodged with the county commissioners.
Nov. 26, 2007
No hearing for Don as the Jail
administration had failed to notify the clerk of courts that they had
shipped Don to Portland for the rest of his tour, shortly after the bail
and revocation hearing. Why? Because Don had made complaints in the jail
as to problems at the jail that needed to be taken care of.
3. This same individual, Anderson was also a problem while using the telephone. He would Put His Hands down his pants and play with himself while talking on the phone, which of course we all had to use that phone, so we made it known we didn't want him to do that. He didn't care and continued to do it. The guards were informed that someone was doing that and we were given disinfectant to use to clean the phone before we used it. Complaints were made and we were told it was a racist problem, but the administration could see it all happening on their cameras down in the control room and did nothing to stop it. Don filed 3 reports about this problem, 1 a medical one as the Sgt. thought that would be the route to go, but no the administration wanted a grievance form which they got, signed by most of the guys in the cell block.
4. On Sundays the jail has to run a generator to make sure it is in working condition to run the jail should the power go out. The generator is not properly exhausted and during the period that it is in operation, depending on which way the wind is blowing outside, the exhaust fumes are sucked into the ventilation system and fills the D-Block Cells up with the fumes making it quite unpleasant for the inmates who are trapped in there. It gave us headaches, made our eyes red and sick to our stomachs, but the administration says their is no such problem and I am the only one complaining, a trouble maker. With this problem, what would happen if the generator were to have to run for an extended period of time when the exhaust was coming into the vents? Their would be some dead inmates at that rate, and the jail administration just wants to ignore the problem. Don went to the press with this problem and the Dept. of Corrections.
Instead of fixing the outlined problems at the Jail, they decided to ship Don to Cumberland County Jail to fix their problem, but it only added to it. Now the County had to foot the new bill which more than doubled the price of Don's incarceration, at the Cumberland facility as compared to being housed in Somerset, and Don is still going to pursue the issues with the Dept. of Corrections.
On Oct. 4, 2007 the Cops raided Don again, and Don refused to take a piss test which landed him in jail on the spot within 10 minutes of the bust. While one of the lead pigs- Rourke took Don to jail, the new bust took place. The new charges were again trafficking, (changed to furnishing) cultivation of marijuana, (Aggravated) and violation of probation, which wasn't even in effect till the refusal of the piss test that morning! They also charged Pam Christen with the same charges as Don because they can, but Pam was not a named caregiver and was not involved.
Don was incarcerated at the Somerset County Jail and given a hearing on the new charges within a couple of days, and was given bail of $1000.00, but because they had revoked the Bail and Stay of Execution of the Sentence imposed from the prior charges he would have to sit in jail until a hearing on the revocation was heard, which was scheduled for the Oct. 25, 2007 in front of Justice Marden.
At the revocation hearing the evidence was presented to the judge and Don's medical marijuana paperwork was at that time reviewed and determined to be as good a "good faith effort as could be presented." by Judge Marden. In his order Marden said that Don could continue his efforts when released on bail provided he had his patients update their doctors records to keep a current history which one patient, Carroll Cummings had already done for this hearing. But Judge Marden put Don back in jail for the refusal to take the piss test for another 30 days till Nov. 26, 2007, which was about a 2 month term for his refusal to give up his constitutional rights to not provide any evidence against himself, the 5th amendment to the US Constitution. After all, Don had signed the Bail papers to give up those rights, didn't he, even if it was an Unconstitutional condition of Bail.
Aug. 25, 2007
Sentencing in Don's case
APRIL 24, 2007
Don's trial ends up with a dismissal on
count 2, trafficking in marijuana by sales to someone after the state
failed to provide anyone that allegedly was sold to. Count 1 Don was
found not guilty of by the jury, and the least of the charges of
cultivation the jury found Don guilty and didn't find that he met the
requirement of authenticity of either his care giver status or of the
patients doctors papers authenticity to prove they were qualified
patients. The DA never said that the paper work was not signed by the
doctors, or patients, only that they had forgot to dot an I, or cross a
APRIL 4, 2007
APRIL 2, 2007
Went to court today for another motion to dismiss.
Reason for Dismissal?
It is quite obvious that I had reason to have the marijuana in our home, and it was for medical purposes, not what the authorities planned on when they came to the house. Their so called info was seriously flawed, and it was obvious to the cops who were their to bust me that they were either duped or their perception of me was mistaken. I was not the threat they alleged I was and now they have a different case on their hands. Now it is almost time to get to the bottom of all this before a jury who are not quite like the system and can use some common sense to see through their BUSHIT. The people of a jury will see through their smokescreen and react to the facts and truth just as they did when they voted for medical marijuana in 1998 much to the dismay of the legislators courts and police who are milking this prohibition for all its worth.
Dec. 15, 2006
All motions were denied in Oct. and now I am waiting for
a trial date.
I will be going forward pro se and will put any upcoming
dates up here on this page as soon as
Sept. 12, 2006
Call to the Docket. Went to court the 11th and the
courts postponed the case once again as my lawyer was not available on
the 11th to pick a jury. Although my case is the oldest case on the
docket, they could not bring in the jury for picks any other day when
they had 2 dates to have trials this month. The jury could been asked to
come in at any time and in order to take care of this case including the
week of the 24th which was when they planned to have more trials. This
was not even considered though I suggested it for that week
and we were ready for trial. Now the case will be set aside for till
probably after the new year.
This was also in a motion that they produce all the discovery which includes any statements and recordings whether video or audio. They have sworn they have none. That's not the way they do things. In order to maintain an actual record of the case, any statements or recordings that are made by undercover or informants and they always do, in order to prove what was actually said or done in the future and that statements match in testimony. They also swore they didn't have any more, but sent tapes two weeks later, that extended the case in order to give me 21 more days to file motions which have not been decided or heard before the court.
I will be filing another motion with the court to see about this and one in support of my current motions seeing as they are still pending. Will also be preparing for trial as I don't have much faith in the court to even grant the Franks motion though it is pretty blatant how they have not been at all truthful in their statements.
July 31, 2006
Have finally been given a hearing date on my motion to dismiss. Should that motion fail, I have a couple of more motions that will also be heard at that time as the DA has given me more discovery after he swore he didn't have any more. More lies from Mr. Mitchell which will be argued this time to see if we can get to the truth and I should be granted another 21 days to get my motions in. I have already actually done this, but they refused because the judge said the filing time had run out so I couldn't get the right to attack the warrant which is bogus and is one big lie from front to rear. If there was one ounce of investigation in this case it would startle me. They didn't have a clue as to what was going on as the "franks hearing" I have requested would prove. It's no wonder they don't want to allow me to have a hearing on the warrant as it would show that they have sanitized the affidavit, which allowed them to get a warrant in the first place. Without it they have no reason to be at my our home. They do this all the time with warrants, and get away with it, only a few fight it and are granted the franks hearings to be able to fight against sanitized warrants.
Motion date is Aug. 9, 2006 at 8:30 AM, but will probably be heard later as all who are familiar with the court system know. All support is welcome.
April 24, 2006
It has been some time since the Court Ruled against me for the motion on granting full discovery, which the Ass. DA said full discovery had been given in Aug. of 2005, and my time for motions had expired 21 days there after. Now comes the Ass. DA with more discovery which he assured the court their was none to come forward with at the last hearing, so my question is, where is the discovery that I am requesting, which is, the tapes, recordings and written statements used to get the search warrant which are always taken at the time to assure that the story can't change. Again this is done all the time, but not this time the Ass. DA says. Oh Really. I don't believe him as he also has tape of my statements to officers at the station when I was arrested which have yet to be presented.
I have filed new motions for dismissal, compel the rest of discovery, and requested a Franks hearing to show the deception and discrepancies leading to the search warrant being issued. I have already testified in court as to some of the reasons, that are right in black and white on the oath of affirmation where officers lied and now the Ass. DA has been untruthful also, and is still with holding evidence/discovery from me.
I am now waiting on a hearing date for the above mentioned motions.
Motion Denied on Oct. 25, 2006
I FILED MOTIONS TO TRY TO
HAVE A HEARING ON THE WARRANT, FOR DISCOVERY WHICH THEY WITH HELD FOR
OVER 1 1/2 YEARS, DISMISSALS UP TO NOW, BUT THE COURTS DID NOTHING...
November 10, 2004
How Much is Enough???
5:45 AM. I had just got home from work, and gotten to bed and asleep, when I woke to voices outside our home. I got up and went to the door, and my wife was standing there with the cops all around her apologizing for busting us as they all knew she had cancer. When I appeared things changed and they turned their attention to me. I secured the dogs and in they came. You all know how it goes from there. Although the authorities treated us with respect, they violated our home and property which is not a nice thing and it leaves its mark on your mind forever about your government and system.
Posted at my door was/is a sign for all of law enforcement, and a packet of
a medical file of people I have been appointed to help procure their medical marijuana
that is also signed by a notary to make it a legal document. With that, is a
statement from the patient's doctor or records of the patient to verify that
they are a medical patient. This was presented to the Officers upon entrance. I
have done this to try to make this as legal as possible, verifying every
patients appointment of the provider status, because the law is ambiguous and
vague in several areas. (The question here is, being a legal medical marijuana
patient, can one buy marijuana, and is it a crime for someone to provide that
marijuana to the patient, at cost, with no profit for providing the medicine,
only for what it costs?)
The patients don’t want to smoke leaf , seeds or the stalks and sticks, as they have no medicinal qualities and
don’t work. PLUS, Leaf is also more carcinogenic then tobacco products. Also,
the Gov. says when they bust someone who is growing, that each plant that they
have = at least 1/4 lb of processed marijuana when mature. So. maturity is when
the plant flowers/buds. The leaf and all other before mentioned parts of the
plant are not usable marijuana, only the flowers/buds are and that is what
marijuana is. Not unlike many other plant that grow, only the fruit or
My wife told them that the home grown marijuana in the house was hers, but they didn't care and charged me for the medicine we grew for her, and her six plants that were legally growing at the time. I admit to having other "commercial" marijuana about 1/4 lb for the patients that I was helping get their medicine. This medicine was pd for in advance as I could not afford to purchase it due to being short of funds, and was to be picked up by the patients that weekend. Picking up the product is much cheaper if all can get it at one time pooling the funds to by at least a 1/4 lb at a time. (Approx. $500) It also helps to be using cash as most know that fronting as they call it may be more money to the patients.
Shortly there after, the patients including my wife filed with the court to
have their marijuana returned. This was denied. Other supplies had to be
obtained at cost to all for the needless intrusion into several lives that are
already over taxed to deal with their conditions to have to dig deeper into
their pockets to provide what they need. What kind of people are we supporting
that treat patients like this? They didn't look into the medical aspects of this
case, even after they had been made aware of the facts, they didn't care about
the law that the people had voted on and passed by over 63% which is a good
majority of the voters. The intent of the voters was to have a medical marijuana
bill that citizens would get some marijuana or grow their own.
All patients are ready for court and will testify. I was busted Nov. 10, 2004. It has taken them over two and a half years to get me to trial. The Federal Gov. allows 90 days from indictment to trial for a "speedy trial", but the State of Maine has no problem with over 900 + days. They have not brought anyone forward that I have allegedly sold anything to so that I could confront them at court though I have tried to compel them to have a hearing on it 3 or 4 times up till now. They have some marijuana that they confiscated from our home and a tale that I was a salesman, but no buyers. Well, I have a different tale, and it is far from what they have for a story. The question is, who is telling the truth and what are the facts. That will be up to the Jury to decide here in the near future. Is this the case that the authorities say it is, or is this action according to the will of the people, when they voted for medical marijuana in 1998. Come on out and hear for yourself...
Soon to be at your Somerset County Superior Courthouse in Skowhegan, on April