The SEPTIC System

REPOST: One of Dumanis’ Victims, Eugene Davidovich

In District Attorney on January 13, 2010 at 8:11 am
Originally posted Tuesday, January 12, 2010 by San Diego Americans for Safe Access

The Cultural Wars Continue in San Diego

By: Rocky Neptun

In his brief 28 years, Eugene Davidovich has followed all the rules, adhered to the law and lived an exemplary life. Yet, today, he stands broken, alone, homeless, persecuted and in daily pain. Clean-cut, honest spoken, go-getting; he was a child of the American dream, going from good son to impressive student to serving his country in the military. Afterward there came a fine loving marriage, a young son and a promising career in the computer programming field.

When the migraines came several years ago, he followed convention; visiting his doctor, prescription after prescription, with side-effects, until a friend turned him on to the benefits of medical cannabis.

Again, following all the rules; Davidovich joined a medical marijuana collective, got a doctor’s recommendation and a city issued patient card. Self-medicating, effectively and cheaply, he continued his family’s support, confident that he was a law-abiding citizen following the guidelines issued by the California Attorney General as outlined in Proposition 215 and adhering to the city codes and ordinances that legalized and regulated medical marijuana use.

Early this year, along with other legal patients of citywide medical collectives and cooperatives, he was swept up in what appears to be an illicit conspiracy by the Police Chief Lansdowne and the ambitious Dumanis, to use the power of the badge and the prosecutorial muscle of the D.A.’s office to overturn and nullify city ordinances adopted by our elected officials.

Representative democracy appears to be under attack in San Diego as the Police Department, under the apparent orders of the D.A., has broadened a legitimate campaign against drug use on military bases and our campuses called Operation Endless Summer into a witch hunt against medical marijuana users, particularly in our LGBT community.

Week after week, Davidovich and other legal cannabis users, trudge down to City Council meetings, hoping for fairness and justice, using the open forum period to plead their case. And week after week; eight sphinxes sit, roll their eyes, study reports and continue to ignore the persecution of San Diego citizens or the usurpation of the representative process in San Diego by dictatorial powers. Now, they have added insult to injury by withdrawing a mandate for city action on any kind of protection from the predatory D.A. and leaving the 30 or so dispensaries in legal limbo at risk of more attacks by Chief Lansdowne’s twisted priorities.

If the Police Chief can attack legal protected patients, as he is doing in Operation GreenRX; if the District Attorney‘s office can tell a judge that they have arbitrary and tyrannically decided that San Diego’s ordinances and laws are invalid [which they did at the preliminary trial of Donna Lambert] without ever informing the City Council or using the legal process to go to a Superior Court or Federal judge to get them overturned: then we have moved ever closer to an Orwellian state.

“I believe in our justice system, in the rule of law,” Davidovich told me over coffee when I interviewed him in late 2009, “If I had did anything wrong, if I had broke the law, then I would simply plead guilty, accept a plea bargain and end this nightmare.” His fight back, is, indeed, our struggle. If his rights, his legal protections are not valid and can be withdrawn on a prosecutor’s whim or ambition; then, are any of us safe?

Davidovich, who followed the rules, yet ended in this Kafka-like nightmare, and all the other ill San Diegans, who thought they were protected by law, only to be attacked and prosecuted by those very authoritarian forces that should be protecting their legal rights, need our help.

Eugene Davidovich’s Trial Starts January 21 in Department 11 in the San Diego Superior Court at 220 W Broadway San Diego CA 92101

What we Can Do to Help Our Fellow San Diegans in Pain

1. Call, write or e-mail your Council person and demand that quite hiding from the issue and develop ordinances that protect the rights and access of legal users of medical marijuana.
2. Contact the District Attorney’s office and insist that this blatant political use of her office to persecute and prosecute legitimate medical marijuana users stop.
3. Contact San Diego Police Chief William Lansdowne and suggest that department manpower spent lying to doctors, falsifying documents, and infiltrating professional co-ops and collectives should cease – scarce funds could better be used to fight real crime against persons and property.

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