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FOR IMMEDIATE RELEASE: March 3rd, 2008
California Dr. Mollie Fry to be Sentenced for Medical Marijuana
Sentencing scheduled for March 6th at 10am in Sacramento Federal Court
COOL, CA
The federal sentencing of medical marijuana defendants Dr. Mollie Fry and her husband, Attorney Dale Schafer will take place on Thursday, March 6th at the US courthouse in Sacramento (5th and I St.). The sentencing is at 10 AM. There will be a press conference afterwards at Noon in front of the Court House. The couple was denied the right to defend their actions that were protected under the Laws of the State of California.
WHO: Sentencing in Federal Court of Dr. Mollie Fry and her husband, Attorney Dale Schafer for
cultivation and dispensing medical marijuana under the Laws of California.
WHAT: Press Conference to follow at NOON
WHEN: Sentencing is Thursday, March 6th, 2008 at 10am
WHERE: Federal Court House, 501 I St., Sacramento, CA
“We never would have grown marijuana had it not been sanctioned by the Laws of the State of California, the Attorney General of California and the District Attorney and Sheriffs’ of El Dorado County. Why aren’t they being charged with conspiracy to violate Federal Law?” Dr. Fry asks a group of patients who are waiting to see
her at her clinic.
Dr. Fry and her husband face a likely 5-year mandatory minimum sentence for conspiracy to cultivate and dispense medical marijuana for a small number of Dr. Fry’s patients. They ran (and continue to run) a popular medical marijuana clinic in El Dorado County that provides ecommendations for many needy patients in the Sierra Foothills: http://www.docfry.com. Go to articles link for background.
Like other federal defendants, they were denied the right to mention medical marijuana or Prop 215 in their trial. Both are in fragile health - Dale has hemophilia and suffers from chronic back pain, and Mollie is a breast cancer survivor. They are currently caring for three beautiful children and two grandchildren in their home.
They were among the first medical marijuana providers raided by the Bush Administration, just a couple of weeks after 9/11 (9/28/01), but were not successfully indicted until June 22nd, 2005 after the Raich decision was overturned by the Supreme Court. Dale Schafer had also run for District Attorney in 2001.
The sentence they face is particularly egregious compared to other defendants who have grown far more marijuana. They are liable to a five-year mandatory minimum because they were convicted of growing (not a lot more than) 100 plants over a period of three years, a number far smaller than is usually prosecuted by federal authorities. The jury was forced to add three different years worth of gardens to come up with the 100-plant count. They were not allowed to mention at their trial that local law enforcement had (deliberately) entrapped them by telling them it was OK to grow their relatively modest garden or that they had received advice of counsel supporting their right to grow and care for others under the Law in California. The Attorney General, Bill Lockyer, the District Attorney and the Sheriff in El Dorado County were all aware of and supportive of Dr. Fry and Schafer’s activities, but the jury was also denied these truths.
Dale Schafer is still meeting with the local Task Force (2/29/08) made up of local law enforcement and medical marijuana advocates to further implement the State and County guidelines regarding medical marijuana.
Fry and Schafer’s case aptly exemplifies the kind of DEA enforcement abuses bill SJR 20 condemns.
Patients and medical marijuana rights supporters are welcome to attend.
Bobby Eisenberg-FRY/SCHAFER Defense Committee • Bobby@docfry.com • 530-823-9963
SacBee: Serra no-show delays couple's pot sentencing
By Denny Walsh - dwalsh@sacbee.com
Last Updated 6:05 am PST Friday, March 7, 2008
Story appeared in METRO section, Page B3
Source: http://www.sacbee.com/eldorado/story/767593.html
Sentencing of an El Dorado County couple on charges of conspiring to grow and distribute marijuana was aborted Thursday in Sacramento federal court when flamboyant defense lawyer J. Tony Serra did not show up.
U.S. District Judge Frank C. Damrell Jr. was not pleased.
Co-defense counsel Laurence Lichter informed the judge that Serra was in Stockton waiting for a jury to return a verdict in a "shaken-baby murder case."
Serra, well known in California courts for his oratory and passion in defending tough cases, represents attorney Dale Schafer, while Lichter represents Schafer's wife, physician Marion "Mollie" Fry.
Schafer and Fry face a mandatory minimum five years in prison after a jury in August found them guilty of conspiring to grow and distribute at least 100 pot plants at their offices in Cool and their home in Greenwood.
Damrell fumed at Lichter, then summoned Schafer to the podium.
"Do you see that door?" Damrell asked Schafer, who replied that he did see the side door of the courtroom indicated by the judge.
"It leads to a holding cell," Damrell said. "If I sentence you, this may be your last day of freedom for a long time. And your attorney is not even here. What do you think of that?"
"I'm not happy about it," acknowledged Schafer, who said he had not spoken to Serra recently. "But I don't blame Mr. Serra. I understand it. He's waiting on a murder verdict."
Assistant U.S. Attorney Anne Pings told Damrell that she had been told by a member of Serra's staff that he did not inform the judge in Stockton that he had a matter before Damrell on Thursday morning.
Damrell noted that Serra had filed a number of motions bearing on Schafer's punishment that were to be argued before Thursday's sentencing, and he had not asked for a continuance of the hearing.
"I find that conduct reprehensible," the judge said.
"You have not been well served by Mr. Serra," Damrell told Schafer. "This is big casino for you."
Damrell told Lichter and Pings to let him know if they could agree on another sentencing date – at which Serra can be present – sometime in the next 18 days. If no date is set within that period, the judge ordered that all three lawyers be in court March 24 to either set a sentencing date or proceed with the sentencing.
About the writer:
Call The Bee's Denny Walsh, (916) 321-1189.