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by AVA News Service, June 4, 2014
BALLOTS LEFT TO BE COUNTED
JUNE 3, 2014 PRIMARY ELECTION
Mendocino County Assessor-County Clerk-Recorder Susan M. Ranochak announced Wednesday that as with any other election, there are ballots left to be processed as part of the official canvass.
Mendocino County has 6,721 Vote By Mail ballots to process, and 201 Provisional ballots to review and process. Of the outstanding ballots left to count, the approximate race breakdowns are: Measure K – Brooktrails Township CSD (Fire Tax), 379 ballots; Measure L – Round Valley USD (Bond Issue), 256 ballots.
The Supervisorial District breakdowns are as follows:
1st Supervisorial District – 1,339 ballots;
2nd Supervisorial District – 996;
3rd Supervisorial District – 1,536 ballots;
4th Supervisorial District – 1,161 ballots
And 5th Supervisorial District – 1,689 ballots.
Per State law, we have 28 days to complete the canvass. The Statement of Vote, which breaks down results by precinct, will be available at that time. If you have any additional questions, please call our office at (707) 234-6819 or (800) 992-5441, when prompted; enter 4370.
(Assessor-County Clerk-Recorder Press Release)
NO SURPRISES in the local elections except, perhaps, in the contest for Superintendent of Schools, a laughable sinecure that pays $131,689 a year for presiding over an office that does not perform a single task that couldn’t be done better and cheaper by the individual school districts of Mendocino County. Native son Warren Galletti of Point Arena almost won the race outright and will easily trounce the agency’s preferred successor to long-time superintendent, Paul Tichinin, arguably the least competent person ever to hold public office in Mendocino County and, of course, among the highest paid. Galletti probably can attribute his strong showing in the low turnout election to the Jock Brotherhood. He coached basketball at Point Arena High School for many years and, in that capacity, got to know people in every community in the county. It will be interesting to see Galletti’s vote totals in his hometown of Point Arena where he left his job of many years as high school principal for a position with the Ukiah schools.
5th DISTRICT SUPERVISOR Dan Hamburg, unfortunately running unopposed, was auto-approved by only 1560 voters and suffered the added indignity of 89 write-ins, which we assume are protest votes mostly from the Anderson Valley where Hamburg is invisible on crucial issues, particular the issue of the sleeplessness provoked by vineyard frost fans.
BY COMPARISON, Hamburg, running in the June 2010 primary against Wendy Roberts, Norm de Vall and Jim Mastin, received 1838 votes out of about 5200 cast. According to Ms. Ranochak, there are about 1700 uncounted 2014 votes in the 5th District, so that would translate to about 3250 votes cast in the 5th in 2014 compared to about 5200 four years ago, a drop off of 5th District voting by almost 40%. So not only did Hamburg get 89 protest votes, almost 2,000 5th District voters who voted in 2010 didn’t vote for anyone in June of 2014.
IN THE NOVEMBER 2010 run-off between Hamburg and Wendy Roberts, Hamburg ended up with almost 4,000 votes to Roberts’ almost 3,000 votes (and only 32 write-in/protest votes). Of course Hamburg’s lower vote total (3250 running unopposed) for 2014 are partly because of the lower turnout and the lack of an opponent. But the lower turnout and the lower vote totals in the 2014 5th District results also reflect a notable lack of enthusiasm for Hamburg.
I ALWAYS LOOKED FORWARD to the Mendo election nights of yesteryear when all the political people gathered in the Courthouse where election returns were hand-posted on a big chalkboard. Right, left and mostly the prevalent middle-of-the-road extremists who still prevail, always had a good time exchanging insults. That was one more local tradition that gave us a distinct sense of place but is long gone in favor of the mechanistic anonymity of cyber-space. The Enemies of the People — the club-like cadre of Northcoast Democrats who select our state and national officeholders for us — probably gathered at some upscale place in Sonoma County to celebrate the elevation of the mediocrities they’ll send on to the State Assembly, State Senate and Congress. Here in Mendo, Robin Sunbeam, unsuccessful candidate for County Clerk, gathered with friends and supporters at the Mendocino Environment Center, and that was it for the elections of June 2014.
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ONE OF THE ODDER STATS of Election Night: As of Wednesday morning, 287,590 Californians had cast ballots for indicted state Sen. Leland Yee for secretary of state. That’s good for nearly 10 percent of the vote. That’s also more votes than five other secretary of state candidates who haven’t been indicted received. Never mind for a second that the San Francisco Democrat has been indicted on multiple federal money laundering and weapons charges. Yee DROPPED OUT of the race in March. Folks were voting for an indicted man who didn’t even want their votes.
WANNABE A MENDO DEPUTY?
Deputy In Training Positions Open
The Mendocino County Sheriff’s Office (MCSO) is pleased to announce the reinstatement of their Deputy-In-Training program. Sheriff Allman and 4th District Supervisor Dan Gjerde have been working together to make this a reality. Sheriff Allman is hoping to attract local citizens from our communities to fill vacant positions along the Mendocino Coast. The expectation is by hiring individuals who are already vested in the community, these candidates will complete a long and honorable law enforcement career with the Mendocino County Sheriff’s Office. Too often, deputies trained in Mendocino County are lured to other, higher paying counties. Sheriff Allman stated, “Hiring and training local citizens makes sense all of the way around. Using local tax dollars to hire local people who will help make our County safer is a goal which Supervisor Gjerde and I share.” Once the candidates have been selected and have passed a thorough background investigation, they will be hired on as extra-help deputies-in-training. The department will pay for them to attend the Police Academy, beginning in January 2015. Once they have successfully graduated, they will move on to the Field Training program, which is approximately three months. For more information, including job description and salary, or to submit your application online, please go to http://www.co.mendocino.ca.us/hr/openings.htm no later than June 30, 2014. For other related questions, contact Arlene Peterson in the Professional Standards Bureau at 707-463-4411.
— Liz Evangelatos, Administrative Secretary, Mendocino County Sheriff’s Office
THE 49ERS have agreed to a six-year contract extension with Colin Kaepernick that will pay the 26-year-old quarterback more than $100 million, according to multiple reports. Kaepernick, who will be under contract to the team through the 2020 season, landed a deal worth up to $126 million with a record $61 million guarantee, the NFL Network reported. The news of the deal was first reported by BayAreaSportsGuy.com. The deal could make Kaepernick the NFL’s second-highest paid quarterback behind Green Bay’s Aaron Rodgers ($22 million). Atlanta’s Matt Ryan earns an average of $20.75 million per season and is followed by Baltimore’s Joe Flacco ($20.1 million), New Orleans’ Drew Brees ($20 million) and Denver’s Peyton Manning ($19.2 million).
IN MEMORY OF RADIO
Who has ever stopped to think of the divinity of Lamont Cranston?
(Only Jack Kerouac, that I know of: & me.
The rest of you probably had on WCBS and Kate Smith,
Or something equally unattractive.)
What can I say?
It is better to have loved and lost
Than to put linoleum in your living rooms?
Am I a sage or something?
Mandrake’s hypnotic gesture of the week?
(Remember, I do not have the healing powers of Oral Roberts ….
I cannot, like F. J. Sheen, tell you how to get saved & rich!
I cannot even order you to gaschamber satori like
Hitler or Goody Knight
& Love is an evil word.
Turn it backwards/see, what I mean?
An evol word. & besides
Who understands it?
I certainly wouldn’t like to go out on that kind of limb.
Saturday mornings we listened to Red Lantern & his undersea folk.
At 11, Let’s Pretend/& we did/& I, the poet, still do, Thank God!
What was it he used to say (after the transformation, when he was safe
& invisible & the unbelievers couldn’t throw stones?) “Heh, heh, heh,
Who knows what evil lurks in the hearts of men?
The Shadow knows.”
O, yes he does
O, yes he does.
An evil word it is,
— Amiri Baraka
Feedback on your shifting policies—
When I first read your announcement several weeks ago that the survival of the newsprint version of the Advertiser was going to require doubling the out-of-state subscription rate to $100, I decided that roughly a dollar a week was not so great a sacrifice and that I would go ahead renew in December when my current sub runs out. But then, when you quickly followed up with your decision to reduce the paper from twelve to ten pages, I reversed my decision. The extra dough AND the drastic reduction of column inches was more change than I was willing to accommodate. So, naturally, I was very glad to see the first edition restoring the twelve page format in my mailbox this morning. (Yes, it takes that long to get here. But I don’t really mind the delay.) I take you at your word that you intend to do everything you can to carry on with the twelve page paper, and will happily renew in December at the new rate, if you are still delivering twelve pages when my current subscription runs out. I’ve enjoyed your paper for quite a long time now and although I know you won’t be able to keep it up forever, I’m glad to see that we’re not done quite yet.
Michael DeLang, Golden, Colorado
MEMO OF THE WEEK
You Can Opt Out When We Tell You You Can Opt Out. Meanwhile, Shut Up And Pay
To: Susan Gorin <firstname.lastname@example.org>, Shirlee Zane <email@example.com>, Efren Carrillo <firstname.lastname@example.org>, David Rabbitt <email@example.com>
PLEASE look into this. I went to opt out. I put in my zip code 95409, my proper ten digit acct number and my last name. I get a paragraph of red ink telling me I can NOT opt out at this time, and won’t be able to opt out (OR EVEN JOIN, IT SAYS) until 2015 or 2016.
I then called SCP and talked to a rep. He knew nothing of my inability to opt out. He said he would pass it on to management. The rep told me i could not opt out at this time anyway.
I’m over in Rincon Valley. I pay taxes. I vote. I live in Santa Rosa, don’t I? Will somebody please explain? I mean, how can the opt out numbers that the Press Democrat honks in that editorial in the Sunday paper be right IF we can’t even opt out? Please?
I tried it again today; still can’t do it.
Is Santa Rosa getting into the power business or not?? This makes me even more determined to opt out.
Sonoma County Resident
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Subject: Your email dated March 30– SCP website NOT allowing SR opt out 95409
Date: Mon, 31 Mar 2014 17:26:42 +0000
Your email was forwarded to us. Thanks for testing out our website and local call center as you tried to opt out. Below is a the letter we put in the mail to you today in response for [sic] your request. As the letter states, the customer service rep and the website were both correct. You cannot opt out now because your account is not included in this current Phase 1 of enrollment. Your opportunity to opt out will likely be in late 2014 or early 2015. And, hopefully, by then you may reconsider your desire to opt out and stay with SCP as you hear from friends, neighbors and local businesses about the money they save having their power generated by us.
Thanks, Jonna Ramey | Sonoma Clean Power, Communications & Customer Service Consultant
Direct: (707) 978-3465 | Customer Service: 1 (855) 202-2139
Date: March 30, 2014 2:11:34 PM PDT
Subject: SCP website NOT allowing SR opt out 95409
* * *
We recently received your request to opt out of Sonoma Clean Power (SCP). We are unable to process your request at this time. Our records indicate that your account is not yet eligible for service from SCP, which means we can’t process an opt out request. But here’s the good news: you will continue to receive your power from PG&E, just as you wish. We will also notify you at least 60 days before enrollment with Sonoma Clean Power. This will likely happen in late 2014 or early 2015. You will receive at least four mailed notices and have a total of 4 months to make a decision without any cost. Two notices are mailed prior to the start of service and two notices are mailed during the 60 days following the start of service. These notices provide information about us, our terms and conditions of service and instructions for how to opt out of SCP should you decide to do so at that time. If you want to take longer than 4 months to decide you can, and the fee for switching providers is $5 for residential accounts and $25 for all other accounts. If you still want to opt out when you see our great prices, you can. Currently, our 2014 CleanStart rates are 4 to 5% lower than PG&E’s – so it’s better for your wallet, the planet and Sonoma County! For more information, please visit sonomacleanpower.org or call us Monday through Friday, 7am to 7pm PST at 1 (855) 202-2139.
Sincerely, Geof Syphers, Chief Executive Officer
ON-LINE COMMENT OF THE DAY
I travel to Russia and Ukraine once a year on business. There are obviously many problems there, social and economic, but confusion about their place in the world and the nature of their relationships is not among them. They have awareness of how they relate to each other that has been long forgotten in USA and they want no part in the confusion that reigns here. They may be poor, but they by and large, have dignity and integrity in social life. You can see it in their appearance – thin, firm, good skin and hair. As soon as you arrive back in an American airport one immediately notices the difference – fat, bad skin and hair, sloppy dress, silly gestures, nonsensical speech. One can speculate endlessly on the strength of a nation’s finance, military, education (by the way, the literacy rate in slavic countries is almost 100%), but at the end of the day, the character of the people will always win out.
COASTING TOWARD ZERO
In just about any realm of activity this nation does not know how to act. We don’t know what to do about our mounting crises of economy. We don’t know what to do about our relations with other nations in a strained global economy. We don’t know what to do about our own culture and its traditions, the useful and the outworn. We surely don’t know what to do about relations between men and women. And we’re baffled to the point of paralysis about our relations with the planetary ecosystem.
To allay these vexations, we just coast along on the momentum generated by the engines in place — the turbo-industrial flow of products to customers without the means to buy things; the gigantic infrastructures of transport subject to remorseless decay; the dishonest operations of central banks undermining all the world’s pricing and cost structures; the political ideologies based on fallacies such as growth without limits; the cultural transgressions of thought-policing and institutional ass-covering.
This is a society in deep danger that doesn’t want to know it. The nostrum of an expanding GDP is just statistical legerdemain performed to satisfy stupid news editors, gull loose money into reckless positions, and bamboozle the voters. If we knew how to act we would bend every effort to prepare for the end of mass motoring, but instead we indulge in fairy tales about the “shale oil miracle” because it offers the comforting false promise that we can drive to WalMart forever (in self-driving cars!). Has it occurred to anyone that we no longer have the capital to repair the vast network of roads, streets, highways, and bridges that all these cars are supposed to run on? Or that the capital will not be there for the installment loans Americans are accustomed to buy their cars with?
The global economy is withering quickly because it was just a manifestation of late-stage cheap oil. Now we’re in early-stage of expensive oil and a lot of things that seemed to work wonderfully well before, don’t work so well now. The conveyer belt of cheap manufactured goods from China to the WalMarts and Target stores doesn’t work so well when the American customers lose their incomes, and have to spend their government stipends on gasoline because they were born into a world where driving everywhere for everything is mandatory, and because central bank meddling adds to the horrendous inflation of food prices.
Now there’s great fanfare over a “manufacturing renaissance” in the United States, based on the idea that the work will be done by robots. What kind of foolish Popular Mechanics porn fantasy is this? If human beings have only a minor administrative role in this set-up, what do two hundred million American adults do for a livelihood? And who exactly are the intended customers of these products? You can be sure that the people of China, Brazil, and Korea will have enough factories of their own, making every product imaginable. Are they going to buy our stuff now? Are they going to completely roboticize their own factories and impoverish millions of their own factory workers?
The lack of thought behind this dynamic is staggering, especially because it doesn’t account for the obvious political consequence — which is to say the potential for uprising, revolution, civic disorder, cruelty, mayhem, and death, along with the kind of experiments in psychopathic governance that the 20th century was a laboratory for. Desperate populations turn to maniacs. You can be sure that scarcity beats a fast path to mass homicide.
What preoccupies the USA now, in June of 2014? According to the current cover story Time Magazine, the triumph of “transgender.” Isn’t it wonderful to celebrate sexual confusion as the latest and greatest achievement of this culture? No wonder the Russians think we’re out of our minds and want to dissociate from the West. I’ve got news for the editors of Time Magazine: the raptures of sexual confusion are not going to carry American civilization forward into the heart of this new century.
In fact, just the opposite. We don’t need confusion of any kind. We need clarity and an appreciation of boundaries in every conceivable sphere of action and thought. We don’t need more crybabies, or excuses, or wishful thinking, or the majestic ass-covering that colors the main stream of our national life.
CATCH OF THE DAY (scant by Mendo standards) for Wednesday, June 4th
TROY IRICK, North Bend, Oregon. Under the influence of a controlled substance.
ANITA JIMENEZ, Ukiah. Methamphetamine, driving on a suspended license.
POLICE CALLS AS OF THURSDAY MORNING
PILLOW DIALS — A 911 call was placed and hung up from a cell phone on Jones Street at 7:59 p.m. Sunday. When the dispatcher tried to call back, the phone’s voicemail picked up. Beginning at 11:30 p.m., six more 911 calls were placed from the same phone until 1 a.m. Monday when a woman finally was reached who said the dials were accidental and the phone was under a pillow. A 1:11 a.m., an eighth 911 call was made from the phone.
TREE IN ROAD — Caller in the 900 block of West Clay Street reported at 9:41 p.m. Sunday that a tree was down, blocking the road. City employees were notified.
VEHICLE PROWL — Caller in the 1000 block of North State Street reported at 10:18 p.m. Sunday that her vehicle was burglarized. An officer responded and took a report.
DOMESTIC VIOLENCE — An officer responded to Walmart on Airport Park Boulevard at 2:39 a.m. Monday when it was reported that a couple was fighting and arrested Rebecca Haines-Stephan, 25, of New York, on suspicion of domestic violence.
WINDOW BROKEN — Caller in the 200 block of North School Street reported at 6:34 a.m. Monday that a window had been vandalized. At 7:40 a.m., another caller in the same block reported that a rock had been thrown through a window.
PEOPLE CAMPING — Caller at Low Gap Park reported at 9:51 a.m. Monday that people in the parking lot were possibly camping there. Officers responded and contacted the subjects, but no violations were observed.
STRAY CAT HAD KITTENS — Caller in the 1100 block of Mulberry Street reported at 9:58 a.m. Monday that a cat gave birth on her porch. An officer responded but was unable to retrieve the cats.
DOG BITE — Caller at Ukiah Valley Medical Center reported at 9:59 a.m. Monday that a dog bite victim was being treated. An officer responded and took a report.
DOMESTIC VIOLENCE — Officers responded to the 2200 block of South State Street at 12:13 p.m. Monday and arrested Francisco E. Gonzalez, 24, of Ukiah, on suspicion of domestic violence, possession of drug paraphernalia and violating his parole.
SHOPLIFTER — An officer responded to Safeway on South State Street at 12:26 p.m. Monday and arrested a 22-year-old Potter Valley woman for theft. She was cited and released.
DA EXPLAINS PROP 215
AVA News Service
DA Susan Massini was on the Ed Kowas “On The Record” show on KZYX the week after Proposition 215 passed in California. Kowas asked her what a person who wanted to use the medical marijuana defense would have to do to avoid prosecution under the Proposition 215 guidelines. The late Ed Kowas, KZYX interviewer and defrocked Judge from the Midwest due to failure to pay taxes, tried to pin down Massini’s views on the question even though it was very early in the post-Prop 215 era.
* * *
Kowas: You have said that the marijuana initiative thus far provides an affirmative defense. That means that a person can allege that at trial as the reason they may have, technically, violated a law. When that happens, in my view, the system has failed. Because in my view that is something that should be nipped in the bud. If there’s going to be a successful affirmative defense, that should be found out clearly in advance and either prosecution dismissed or prosecution not brought.
Massini: Exactly. I agree.
Kowas: So. Let’s use this forum to tell somebody who feels they have a legitimate type situation. They have a legitimate illness. And they have asked their physician to prescribe it. The physician has prescribed it. What should they do in terms of preparation, by that I mean paperwork, letters, affidavits, that would allow them to present that to you in the event they were charged or arrested for it. That they would be able to come to you and say here’s my file, here’s my evidence. I have prepared for this moment in order to stop prosecution. What should be in their file? What do you want?
[Massini then told Kowas that it was still illegal to operate a vehicle or be in public under the influence of marijuana. Prop 215 is not a defense to “being found with this stuff.”]
Massini: Now, let’s talk about those things you consider it [Prop 215] a defense to. All that would have to happen is either you, you could wait until you’re appointed an attorney, if you have an attorney, or if you are charged with a crime and if one is appointed to you, then that attorney can represent you, come to my office with your medical file, the proof that you have been diagnosed as having a condition that needs some treatment and that the doctor has recommended and then that will be considered. So you need to have your doctor in line with agreeing that his name… the doctor has to be, um, in agreement. You just can’t come to me and say, “Well I went to a doctor and he said it was OK to use it.” That is not going to be sufficient.
Kowas: Alright. Did you just indicate then that if somebody is arrested for possession of marijuana, and they feel they have this defense, they can’t talk to you until after they’re having an attorney. They can’t somehow nip this in the bud?
Massini: Yes, they can.
Kowas: Pardon the pun.
Massini: Of course. Yeah, I know. That was very funny. Yes they can. I’m just suggesting that sometimes… it’s oftentimes… An attorney knows what I need to know. A lay person doesn’t know what I need to know, necessarily. And I don’t want to have people find themselves in a position where they are simply incriminating themselves more by coming to talk to me. I think that would be counterproductive and not fair. That’s the ony reason that I said that. That if they wanted to wait for an attorney that it would always be wise. And um, there are just so many technicalities that you have to learn over the number of years over how you can present evidence, what evidence is admissible, those kinds of things, but I don’t want people to just kind of walk in my office, and kind of lay it all out there and then find themselves, that they have just exposed their, for example, medical history and it really doesn’t qualify. A defense attorney could evaluate that. And then could bring that to me. That’s the only reason. I’m not trying to confuse or make things even more convoluted. I’m just trying to make things fair and clear, so that we can move forward without causing people any more problems than they have already had.
Kowas: Ok. Can’t we make some progress? It sounds like you are making this possibly unnecessarily adversarial when we already have an overcrowded system. I mean, we’ve got smart people out there. These people file TROs, and lawsuits, and argue themselves in court, and get themselves arrested… they know the law. We’re talking about reasonably sophisticated group of people…
Massini: Absolutely. Well, not exactly.
Kowas: …who can understand how they can prepare for a commonsense approach once their neighbor calls and reports them and a police officer comes out. Should they have a file ready?
Kowas: Should they open it up for the police officer?
Kowas: Or maybe they should wait for somebody on a higher level? They want to avoid going to court. They want to avoid an actual arrest. They want to avoid, very possibly, there being an incursion by the feds. Once there was an arrest there would be an official file. They would have access to it and they could find out who the doctor is and go hassle the doctor. They want to try and work with this on a goodwill, commonsense basis.
Massini: Well. Number one, the police officer isn’t in a position to make that evaluation. They are not going to avoid being arrested, under the, for the most part. There may be some situations. But the police officer isn’t in a position to evaluate whether the medical records are sufficient to create a defense. That’s not their job. Their job is to see whether or not that the person has violated the technical portions of the law. And um, developing… or deciding whether or a murder or a homicde was done in self defense, or was justifiable, or whatever… that may be the end result, but that is not up to the police officer to make the determination at the time of the investigation. They get all the statements… And I think it would be very important for the person to tell the officer at the time, and make sure, that it’s included in the report that they are using, or they are growing, or they have in their possession, their marijuana for medical purposes. Because if that’s not told to the police officer, then it’s going to appear, or could appear, like, “Oh! Gee. I’ve got this arrest now, maybe I should use that medical marijuana defense.” But if you tell the officer right up front, that will be included in the report and then that will be part of the information that will come to me. We’ll trigger the concept that that will be a defense at the time of whatever hearing, if we ever have a hearing, and if there is a defense attorney involved, I can then, or my deputy can then, approach the defense attorney and say, “Listen, your client says that he was, he or she was using this marijuana for medical purposes. Do you have the material available so that I can review to see if this is a legitimate defense so that we can get rid of this case before it goes to court?” There are all those kinds of things that we can do. So that I think is the best advice, that if truly you are using it for medical purposes and you do have the records and you do have a doctor who will be able to come forward and say that they recommended it and have their name used and I know that there are doctors who are willing to do that so that’s not any problem, and that there are medical records to back up the kind of medical condition that you have and that the doctor has evaluated you and said this is the kind of medical condition that could benefit from marijuana, then that could be presented.
Kowas: Ok. So we’re making some progress now. You’re saying that a person should, if a police officer comes up to them and asks for a consensual search. That as that progresses they should clearly get it across to the police officer that they have a right to, that they have an affirmative defense, that they have a right to have it in that arrest report so that…
Massini: Oh yes.
Kowas: …when it comes to you, or your deputy, that would be presented to your deputy, and the deputy would be alerted that this is a possible affirmative defense, and that will then trigger a special type of investigation…
Kowas: In which the person has asked to come into the District Attorney’s Office and explain to the deputy what information they have.
Massini: Well, I’m certainly not going to call up the defendant and ask him to come down and talk to me. And, I mean…
Kowas: No. They would have the right to call you and say they’d like to come down and talk to you and bring their file.
Massini: Yes. Yes.
Kowas: Okay. Is there a possibility that the system could reach a level high enough such that, again, I’m talking about the absolute white case, not a gray area case…
Kowas: In which a person has all of the qualifications for it and wants to avoid an embarrassing situation. Is there the possibility that they would be able to get assistance… let’s say from whoever… I don’t think Redwood Legal Services could, but let’s just say that there’s somebody prepared to help them put this file together… that they would be able to, on a pre-emptive basis, go to Alan Van Stralen [a deputy DA] or whoever, call and make an appointment or whatever…?
Massini: No. No.
Kowas: And on a particular date…
Massini: No, no, no no no…
Kowas: And bring in a file and say…
Massini. No. No.
Kowas: That makes too much sense.
Massini: No. That makes, um, I mean… No.
Kowas: Why not? I mean…What we’re trying to do…
Massini: Because, number one, Alan is already so busy. Alan is already so busy… he is more than a full time attorney over there working his little tail off. He does not need a line of people, that he then has to sit down and evaluate the medical records and then call the doctors on a pre-emptive strike, in case they happen to, for some reason, get arrested, some time in the future… That is a burden that I don’t intend to put on any deputies.
Kowas: Well is there anybody in your office that would do that? You’re saying the only reason he’s not going to do it is because he’s too busy.
Massini: Well, it’s also silly. It’s all so silly.
Kowas: Why is it silly? It seems to me… Let’s just say that I had cancer. And it was recommended to me. And I wanted to do that. And I definitely did not want to get arrested. I would want to take preventative steps.
Massini: Well, now, under what circumstances do you think that you would be arrested if you had cancer? And in the privacy of your own home were smoking some marijuana to do whatever the doctors say it will do. Under what circumstances do you think that you could possibly be arrested with the marijuana on you?
Kowas: Oh! I think very easily! Let’s just say I’m going from the doctor’s office which is somewhere on Highway 101 and it’s the marijuana bust spot, and I have a taillight that’s out and the officer wants to search the car, I don’t think there’s anything wrong with…
Massini: Well, if the officer wants to search the car, why would you be foolish enough to say, ‘Sure, go ahead’?”
Kowas: Because of the fact that we want to do things right. If you don’t want to search… I don’t know. I’m fishing around here.
Massini: Well you don’t have to have a… If an officer asks you, “May I search your car?” and you’re silly enough to say Yes, knowing that you have marijuana in your car, then you get what you deserve. We’ll deal with it after later.
Kowas: But if you’re legitimately carrying marijuana… We’re just not getting to the point on this thing. If I’m legitimately, if the citizen is legitimately…
Massini: No. What you’re doing is asking to create a scene. And, I don’t, or asking to create an incident so that, and I think that would be very counterproductive to someone who has cancer, and is already under a great deal of stress.
Kowas: I think it’s a lot more stressful to fear that you’re in violation of the law, when, in fact, you’re not. If you could get some kind of a clearance on this thing. I don’t know. Maybe [Sheriff Jim] Tuso is even willing to do something.
Massini: Yes. Ask him. See if he’s willing to do anything.
Kowas: The multi-million dollar bureaucracy ought to be in a position who are already in a very frail condition, whose judgment is not all that good, whose lifestyle is not going to be enhanced by the fact that they might get arrested, and they fear being arrested… It seems like it could extend a little distance here in order to give insurance on a case-by-case basis. I don’t think you’re going to have a whole long line of people…
Massini: Oh yes you would. In Mendocino County you would have a whole line of people. I guarantee it. And if you don’t think so then you’re not being real.
Kowas: Why don’t we try it?
Massini: No. I don’t think so. You can ask Sheriff Tuso if he’s willing to try it. They are the officers who do the arrests. Perhaps he could have a whole list of people who weren’t allowed to be arrested for marijuana. Then he could pass it around to his deputies. Then they wouldn’t even need to get arrested!
Kowas: Ok. All right. Well. We’re just about out of time here.