This is an amazing case, because not only was a woman named Patricia Smith imprisoned for taking marijuana for medical purposes, but the jury that convicted her knew she was taking it for medical reasons. Also, even though they were informed that they did not have to convict her under the principle of  jury nullification, it still convicted her.

Jury nullification is the right of jurors (a right under common law that precedes even the founding of our nation) to state that a law or its' application is unjust or even unconstitutional. This case is out of New Hampshire, a hotbed for jury nullification and medical marijuana activism.

After all, the state's motto is Live Free or Die. Strangely, though New Hampshire might be the most libertarian state in the Union, it still has not passed a medical marijuana rights bill. Patricia Smith, a registered nurse, had supposedly "no expectation of privacy" in her own backyard, a court had ruled. Actually, the government does make the case that your property, even if fenced in, is not protected under the 4th Amendment's protections against unreasonable search and seizures.

See, since the 4th Amendment doesn't explicitly state that an "open field", or private property that is not your actual house, is protected from an unreasonable search, than those who advocate a strong police state to oppose our civil liberties, use that as an exception to the 4th Amendment.

Indeed, a scary thought since the 4th Amendment only states that individuals are free from unreasonable searches in their "persons, houses, papers, and effects", an overzealous police officer might search a car randomly, arguing that this too is not protected. A disturbing thought. So while a cop might be trespassing, it is somehow fine that he is trespassing because the 4th Amendment doesn't say he can't.

So, this woman suffered a questionable search by the government, in order to get seize a drug that takes away the back pain that she suffers. Who does this benefit? Who benefits by sending her to prison for a few years? Nobody. It's absurd, it's so incredible in how stupid it is in fact. ~ Milwaukee Progressive Examiner

One of my regrets is not following up on the Nurse Patricia story due to the State’s prosecution of me. Fortunately, there is this update from lat month:

Patricia Smith’s appeal was denied several months ago. This New Hampshire-based nurse with no criminal background is currently serving the next 2 – 4 years in the New Hampshire Department of Corrections for growing marijuana in her own home. Financially she was nailed too, paying over $35,000 in fines.

Letters to inmates help considerably with morale, self-esteem and connectivity to the “outside world.” And it only takes a few minutes.

In general, it’s best not to go on endlessly about the injustice surrounding her case (she gets it, trust me), but instead write about yourself, incidents in your life, interests, etc. Think of writing to a pen pal in a really crappy situation. Keep it informal, supportive and friendly.

Sabrina from NORML passed on this information:

Please write to hospice nurse and MMJ patient Patricia Smith who was sent the NH State Prison for growing medicine. She is serving 2-4 years. Please send her a letter of encouragement and solidarity today. Patricia Smith, Inmate #90724, NHSP/W 317 Mast Rd, Goffstown, NH 03045. If you wish to send her books or magazine subscriptions, they must be sent directly from recognized mail order companies or publishers. The receipt must be included within the packaging or it will be returned to the sender. Let’s support our struggling but brave sister.

Videos and more on Nurse Patricia Smith’s story at FreedomIsGreen.com.

Ridley breaks the news on the search of former State Representative Harriet Cady‘s home for an audio recorder by armed agents of the Deerfield Police Department on the Free State Project forums:

A pro-freedom, former state rep reports Deerfield police have entered her home to confiscate recording devices! This after she openly audio taped at a government building! [...] Her cheeky and bold bills in the early to mid oughts were an inspiration to me during my early days in New Hampshire.

I spoke to Cady today by phone. She says she’s been trying to do some sort of freedom of information request activity. Trying to tape that process apparently was what got her retaliated against. The recordings were made with an audio recorder, she says, not a video recorder. She also reports that she was recently kicked out of a town meeting. This was caught on video which is not yet uploaded.

Police successfully nabbed the only copy of the audio recording, from what I gather. A government attorney is refusing to release it, says Cady.

Here is the account that Mrs. Cady e-mailed to Dave Ridley:

On Feb. 9 about 3 PM my husband answered a loud knocking at our door. Two Deerfield Police officers, Dyermond and Hughes were there and told us they had a search warrant for my property. I aske dwhat for they gave me a copy and it said for my tape recorders, tapes and contraband. They were looking around and I said the tape recorders and tapes are in my car. (I needed to take to Molly sound to enhance the sould).

Deerfield, NH Law Enforcer Joel Hughes

Officer Dyermond took possession of my two hand held tape recorders and the four tapes. He then proceeded to search my car and pocketbook and then came back in the house to search the house. At that time Chief Greeley arrived and of course I was protesting this illegal search warrant. Dyermond and my husband went upstairs but Hughes said he was staying with me in the kitchen because we had a shotgun on the counter which my husband had taken out that morning so he could teach me to load and aim and shoot should someone try to break in.

Deerfield, NH Law Enforcer Daniel Deyermond

Shortly thereafter Officer Dyermond made out a receipt and put tapes and tape recorders on hood of the cruiser and at the same time I took pictures.

Later I went to Candia District Court to see the file on how they got a search warrant what was the complaint. The clerk said I couldn’t see the file till the date of return which is 7 days or the following Thursday.

I was to learn that our town administrator, Leslie Boswak swore out a complaint because when I went to the town office to get a copies of the Feb. 5th deliberative session CD’s which the modertaor had the chief remove me from the meeting hall, because I was trying to correct a lie by Selectman Steve Barry. I asked her for a reciept and when she wouldn’t give me one I tape recorded her refusal. She told me I couldn’t tape her without her permission and I said yes I can and thank you and left. Apparently shortly after I left her in the town offices she walked down to the police and wrote out a complaint about being recorded with out permission. The police then asked the county attorney could I be arrested for wire tapeing. He told the chief I could be according to the chief.

So as you can see the police asked for a search warrant not only for the tapes and recorders but for contraband (that word means smuggled goods) and I guess that’s why they continued searching even after they got the tapes and recorders.

Since her complaint was only to being tape recorded what right did the Judge have to sign a search warrant for contraband. The worse crime I have ever committeed is a stop sign violation.

So here I sit waiting to be arrested or in limbo waiting to find out what the Deerfield Police intend to do about their getting a search warrant.

The Seacoast Sunday edition has boldly published an editorial penned by former state senator Burt Cohen, which calls for an end to the disastrous war on drugs. In the wake of recent police-involved shootings around the state, some directly spurred by the drug war, Mr. Cohen overviews how the drug policy, and not the drugs themselves, are the root cause of the violent trends.

Garret Ean of Free Concord TV reports:

Film students making a documentary at Keene State College are forced to delete video around the time of the completion of the proceedings by bailiff Tebo at Cheshire County Superior Court in Keene. They were granted a motion by the judge prior to the trial to be the sole media crew for the trial and Tebo had no authority to detain them or demand that footage be deleted.

Here’s what Dave Ridley wrote on the Free State forum:

Jason Talley of Talley.TV is reporting that one or more court personnel forced a KSC documentary crew to erase video.   The alleged incident took place inside Cheshire County Superior Court, about 5 blocks north of the college.  The students are part of a substantial filming project aimed at documenting the edgy “liberty struggle” of activists in this once-quiet western New Hampshire city.

They were apparently attempting to film court proceedings against Talley himself.  He was arrested in 2011 and charged with contempt of court for having a video camera in the lobby without permission.

Talley made his claim April 17 on the syndicated Free Talk Live radio show around the 19 minute mark.

It may have come up again later during the broadcast, but the controversial move appears to have largely escaped notice.  A trailer for the students’ documentary appears to be located here:

Speaking of interesting video, court security cam images of Talley’s “camera possession arrest” last year….has recently been released:

But Talley’s own camera remains in the hands of the authorities.

There are reports that after leaving the State House, several celebrants went to a nearby liquor store to sing more carols where a camera was attacked. I’ll post this video when I find it online.

Also the Terence McKenna inspired video by the YouTube channel Gram Rastag:

The trial did not last long on Monday, April 16, 2012 in Cheshire County Superior Court. Jason Talley had been arrested in September of last year for possession of a camera in the courthouse, while he was in the process of going to the clerk’s window to fill out the permission slip to record a hearing. The prosecutor did not fill out the proper forms for lowering the magnitude of the charges in the days prior to trial. This motivated the judge to dismiss the case.

Words and Speaking State :: Charges Dropped Against Jason Talley for Recording Video in Court :: Prosecutor Throws the Case :: Plea Deals and Dropping Charges :: People with their Society-Molding Fantasies :: Being The Media :: Camera Crew Threatened :: Courtroom Magic Words :: Banned Forever From State Liquor Stores :: Chronic Christmas Carols :: Singing On Air :: Business Owners and Standing Up to the State :: Health Inspections