Day Brown's essays, novels, & reporting as of August 7, 2013.

Test opening of digital narrative, "Kucha" is

KUCHA

An experimental narrative, and way to present one.

Marijuana test case report below.

I've not edited, but merely appended newer news so the record of what has been posted is complete. The charges for the trial August 8, 2013, have been dropped. There is still the matter of the appeal of the conviction on 6/25 which my lawyer says wont begin until he gets a copy of the transcript in "60 or 90 days". I wont go into my memory of it, which deviates from proper procedure in important ways, but let that ride until I see the transcript. What I recall does not matter, just the official record.

You'd think the newspaper would send a reporter to a felony trial going on across the street, but the Van Buren County Democrat has yet to say anything about this process; demonstrating how obsolete that newspaper, and many others, are. "Day Brown" on Facebook has, and will have, postings trying to unravel how its really been working and what to do about it.

(as of June 29, 2013) Below, you should see the front and back of fliers or other documents I & supporters have distributed in this area bearing on marijuana & the trial now set for August 8, 2013. Somewhat redundant, but I wanted what was posted to completely represent what else had been put out.

The latest offer from the court looks very reasonable. But while I was in jail in the fall of 08, not having the bond money, the guards let me into the law library to examine the criminal code. Other prisoners realized what I was doing and came to me with their paper work. I saw how often it was some error in the documentation resulted in them being in the jail or prison.

But, as in so much else government does, sometimes the paperwork is not correct and there is very little, if anything, a citizen can do. While the judge and prosecution may want to do the right thing, after they close the case, an error later on results in arrest they may not know anything about. Lawyers and court dockets are so swamped with work nobody with the powre to do anythng about it has the time to correct these problems. The only way I can ensure my rights is to go for a jury acquittal.

I was reminded of this going thru the documentation for this latest case in which I see an "affidavit explaining dates filemarked..." that had not been properly recorded.

Computer printouts have vastly increased the volume of the paperwork. Just my own case, going on since October 08, adds up to several hundred pages no lawyer, what with the demands of more recent cases, has time to go thru and think carefully about. Sometimes, the logical inconsistencies are only evident in comparing a document with another produced months later, so there may be a hundred or whatever pages of other material between them.

My object in seeking acquittal is to get drug cases out of the criminal court and into the civil where families that are harmed by drug use can sue the vendors and supply chain for damages. Just as with alcohol and tobacco, adults able to meet their family responsibilities should be able to decide what recreational drugs they can safely enjoy in their own private lives.

The guilty verdict I got instead begs the question of whether a jury of 100% Republicans is a "Jury of my peers". There are also questions about how the prosecution exceeded its allotment of excused jurors. Curious also is why, in a rural district, out of 88 in the Jury pool, only 3 were farmers- all of whom were immediately excused by the prosecution.

The flaws in the fair trial model our republic is built on begs an appeal for a writ of mandamus to stop all prosecution of out door manufacture of marijuana until some means of protecting land owner rights because all that is going on now, is not an attempt to control drugs, but asset seizure for the benefit of the state, law enfocement, & the courts.

If you read the law, the administrator of Arkansas drug enforcement is spozed to "consider the state of the science in enforcement policy, and with marijuana he clearly has not. I dont really expect the higher courts to obey their own law, but would like to see them on the record fail to do so.

If you want to join in a class action suit, and perhaps have a share in damages, lemme know. Below the following fliers, other issues are dealt with.

- no title specified

                      THEY ARE RUNNING THE DRUGWAR LIKE A SPEED TRAP!

The takeway here is that, for one, have caught them at it. They've been getting away with it because the media loves the sensational drigwar reports that result- build ratings.

 

Whether you think pot should be legal or not, we all agree that if pot use causes problems, the family should have the right to sue the dealer. That is the way the law is. But  Google it. Not a single case. The reason is, no matter what  the problems were, by the time civil action can be brought, the criminal court already has all the drug dealer assets. Nothing to sue for. Clearly, the solution is to let such civil action go first, but that change will never be enacted because lawyers run all legislatures and it would reduce the incomes of  their brothers at the bar, criminal defense lawyers. We need to quit electing lawyers.

 

Since I am post polio, which doctors cant do anything about, I became a herbalist, and marijuana was one of the herbs I found useful. I expected a test case, just not like this, and got it October 10, 2008. Since I didnt trust a lawyer, I defended myself, and would not cop a plea. But they kept setting the trial date up, so I didnt go to trial until Sept 17, 2010, 23 months later.

Why begins with my new neighbor Tyler Bigelow, who snooped on my land, stole the pot patch in the woods (an experiment to see how the new dwarf variety does) then called the cops to get me busted for plants in the garden. I wasnt worried about getting busted because I was not a commercial grower and only had a few patients, who the doctors had already cleaned out, seek my advice. Besides, these were dwarf, mostly 3ft high. While I was in jail, not having the bond money expected from pot dealers, Tyler was bulldozing and cutting trees on my property.

 

This is a head's up for landowners. These dwarves will sprout and grow among the weeds on a fence line simply by having the seed cast out while driving by. They are too small for the owner to notice, but a drug dog will smell them, and he doesnt know there's a problem til the cops show up- arrest him and seize his land. There's problems for search aircraft also. We've all seen the images in the media of seized pot plants 8-12ft tall. Easy to see from the legal lower altitude limit of 500 feet. But now, they'll be flying right over the roof of your house at treetop level. I know of them hovering so low they blew down a corn field. They prolly thot it was funny, but lodged corn cant be harvested by a corn picker; hasta be done by hand.

We see the reports on the arrogance of the IRS, FBI, BATF, CIA, & EPA. Nothing we can do about that. But that same dismissive attitude of our rights is going on with local law enforcement, Arkansas State Drug Taskforce, and the state patrol. You'd think the high crime rate in lower class communities would fully engage their attention; but those defendants dont have any money or real estate to seize. I advised both Judge Clawson and prosecutor Winningham of the drugwar as a speedtrap, and how whatever they do will be posted on the social networks, which has been done. They chose to play hardball.

 

Trial was delayed 23 months because they were moving people into the district to stack the jury. They did not know an Internet people search would reveal the tampering. The Arkansas court of appeals ordered a new trial, concurred by the Arkansas Supreme court. Now, a year after, and having the court date repeatedly postponed again, trial is set for June 25.... Sort of. There were two more searches after 08. One time they took me to jail to see that I was still out on the appeal bond and immediately released. Both times, they just took the pot, didnt bother searching the house, and left. In neither case did I receive any paperwork. And now, I get an email from my appeal lawyer saying the 6/25 trial is for another charge.  I'd show up in court on the 25th ready for the wrong case. No wonder they say lawyers are slick.

- no title specified


Moreover, there is another issue. Before trial, the defense is spozed to get a copy of the discovery, copies of the paperwork, lists of evidence & witnesses. It may be that one of my appeal lawyers got this, but I am defending myself in this case, and have not. ( I just received an email from my appeal lawyer saying he'll meet with me &

bring whatever he has on Friday, 6/21. I dont think he knows what he has. All the procedural delays and appeals produced too much paperwork for anyone to go thru it all to see what is there. Course, I had more time... doing so, found evidence the prosecutor had withheld. My previous appeal lawyer, Sharon Kiel, told me this other case had been nul processed... ie dropped. Can they reopen it?)

 

I can see how they'd like to convict me on a later case since I have the evidence which the prosecutor withheld from the 08 case. I also have the documentation to show he and his witnesses committed perjury against me. At that trial, Judge Clawson had attorney Mel Jackson sit with me to prevent me from doing anything that might disrupt the process. But when my X said I threatened to shoot her if she pulled my pot plants, this is terroristic threatening, and should have stopped the trial right then to deal with that charge. Mr. Jackson said nothing. He is either a fool who does not know the law, or in cahoots with the prosecution. Apparently, judge Clawson does not know the law either.

 

Whoever is on the jury this time will be identified by friends online. Last time, I asked each juror if they owned property in Van Buren county. Some, it turns out lied. This time, I'll try to be sure to have a jury of my peers, which is rural landowners. If I win, it'll be defacto legalization of marijuana. However, that will not prevent any family which feels pot use created problems from suing me or any other vendor. Such civil litigation has already driven many US businesses into bankruptcy.

 

 No matter what the jury & the court does, they dont have the power to take down (http://daybrown.org & http://assetseizure.org, or stop the reporting on Facebook, “daybrown”. I contacted the FBI, US Marshal, Arkansas State Atty General, ACLU, NORML, The Van Buren County Democrat, the Arkansas Times, and Judicial Discipline & Disability Commission in Little Rock. I didnt even get a call back- with documentary evidence of felony malfeasance.

In January 09, we made a presentation to NORML in Little Rock. I outlined the challenge created by the new dwarf strains of marijuana. The silence was deafening. Only later did I realize they did not want the support of landowners because that would produce legalization, and they'd need to find a new cause to ask for donations. There are other movements that likewise dont ever get anywhere. Lawyers get paid for
advocating. Once the issue is settled law, they need to find new cases; so the higher courts keep opening them for them.

 

I'm surprised the AR court of appeals ordered a new trial. They may know of other cases- media hasnt reported- but will be seen on social networks and go into the permanent Internet archive. If the corruption from Main Street all the way to Wall Street & Pennsylvania avenue does not cause a revolution, the record of cases like this will be there to be read by the grandchildren of the public servants involved. Ordinarily, higher courts'd cover for the local boys, they'd send me back to prison, and that would be that. Ordinarily. But if it was that, I wouldda been an ordinary pot grower  who would've copped a plea and they could've carried on- However, this will all be posted at http://daybrown.org or FB daybrown.

In any case, if you value property  rights, you mite send someone to watch the trial in the Van Buren County Courthouse, on Main street, in Clinton AR.

FARM MATH

a scan of an 1885 one room schoolhouse 8th grade math book.

ARTIFACTS

Really look at whats been found.

GIBBON

The Decline and fall of the Roman Empire, Vol I.

OBITUARY

I'm so far below the radar I may as well be dead.

EUGENICS

The way women will run it.

VILLAGE LIFE

The way it can be reconstructed.

Novels available on request, but withdrawn for updating which- was postponed to deal with the court case.