Chief Probation Officer
11564 C Avenue, DeWitt Center
Auburn, CA 95603
Probation Email (firstname.lastname@example.org)
RE: Refusal to agree to terms of probation
Dear Ms. Suzuki,
After several weeks of attempting to qualify for alternative
sentencing, I find that I am unable to physically, financially, or morally
complete electronic monitoring, probation, or payment of any fines assessed
against me. At the time I was offered probation, I believed I could
comply. However, as I found out the extent of the restrictions and the
cost, my wife and I came to the decision that our family could not survive
and I would be under even more threat than before, if I were to accept the
terms of probation.
This letter is to inform you that if I do not find judicial
relief, I intend to show up for my jail date April 10th, 2001. Below
are the details of the reasons for my decision:
I refuse to pay the fine or probation fines that have been
ordered, because the police and prosecutors bankrupted my family by falsely
arresting me for growing medical marijuana. Because I cannot grow marijuana,
I am forced to spend thousands of dollars each month on the black market,
just to stay alive.
I refuse to agree to house arrest, because I cannot find a
house in which to serve my arrest. My wife and I were forced into bankruptcy
by this raid, after a lifetime of excellent credit. Now, nobody wants
to rent to us since we are unemployed and have bad credit. This leaves us
no alternative but to send my wife and the two small children, back to British
Columbia, where we have a home, business and friends. Thus, I would be forced
to serve out my home detention on my own, without my family or caretaker/wife.
Under the terms of electronic monitoring, I would only be allowed
2 hours a week to go out and shop. Without a caregiver and car, I can't do
that, because I need such a specialized diet. Also, I would be unable to
exercise each day, as required by my illness in order to avoid dangerous
or lethal buildups of adrenaline. (My doctors have testified under oath
that I could drop dead at any time from a stroke or heart attack, so these
heath concerns are no small matter.)
I refuse to serve three years of formal probation, because
I've learned that a person on probation has no rights, and it would only be
a matter of time before a medical pot patient like me would be visited by
police exercising their "right" to a warrantless probation search.
Despite proving myself innocent of all marijuana charges, I
believe that my wife and I have never received justice or protection for lawfully
asserting rights we helped to win in an open democratic election. Instead,
probation would place a suffocating layer of hoops and threats upon us, which
further endangers me and my family.
I believe that sentencing me, when I am medically disabled
and suffering from terminal cancer, two conditions that threaten my life,
for misdemeanor possession of a mushroom stem and some tiny cactus buttons,
not only needlessly endangers me and burdens my family, such a sentence is
a violation of my Eighth Amendment protection against cruel and unusual punishment.
As a result of my decision, I am hereby notifying the Placer
County Probation Department that I refuse to agree to any of the terms for
my probation electronic monitoring, or the payment of any fines.
I have spoken to Terry Franchimone, your Probation Manager
regarding these issues. Mr. Franchimone was actually very understanding
and helpful. After some discussion of the matter, I told Mr. Franchimone
that I intend to bring a motion in front of Judge John L. Cosgrove to spell
out these issues. Because we are broke, I will have to write and present
the motion myself. However, I am optimistic.
In fairness to Judge Cosgrove, the prosecutors in our case
withheld their decision to request a full dismissal of all marijuana charges
until after the judge gave his sentence. If the Placer County District
Attorney is now saying that the marijuana charges cannot be prosecuted,
I'm going to ask the judge to throw out my convictions, because the police
had no business being in my house to begin with.
It seems to me that if we were lawfully asserting rights, for
a law we helped to pass, and the District Attorney has failed to show any
marijuana crime ever took place, accepting any form of probation would be
a violation of everything we and this country stands for.
Finally, I refuse to comply with the terms of probation, because
of my profound belief that the threat of jail is being held over my head to
coerce me into "voluntary compliance" with a criminal justice system that
The law that my wife and I helped pass was easy enough for
the voters of California and the jurors of Placer County to understand.
Only narcotics officers, prosecutors, and others who benefit from the drug
war have difficulty understanding a law that grants new rights. I find
it amazing how difficult it is for people to understand something when their
careers depend upon them NOT understanding it.
I understand that I have until April 10th to comply with sentencing
instructions and that after that, I will be "subject to immediate arrest,
imprisonment and denial of any medical marijuana."
Naturally my wife and I find such prospects distressing, especially
since my life is on the line, but we will continue to stand on our principles
and Constitutional rights. I wrote a book called 'The Politics of Consciousness,'
that salutes the courageous people who helped fight tyranny during the early
days of the American Revolution. My final statement about refusing probation
is best summed up by words uttered centuries ago by one of those early Americans
who gave their life to defeat tyrants:
"Give me liberty, or give me death."
Let freedom grow,
Cc: Sheriff Ed Bonner
Frank Wolff, KCRA Sacramento
Matt Robinson, FOX News
Eric Baily, Los Angeles Times
Alan Bock, Orange County Register
Wayne Wilson, Sacramento Bee
Henri Lee, San Francisco Chronicle
Tom Elias, Washington Times
Deric Roth, Auburn Journal
Joel Miller, WorldNetDaily
And other distinguished members of the media.