The Compassionate Coalition

WHATEVER HAPPENED TO “TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?”

Fry/Schafer Awaiting Trial
July 23rd, 2007
by Bobby Eisenberg-Fry/Schafer Defense Committee

After almost six years of persecution, Dr. Mollie Fry and her husband, Attorney Dale Schafer will soon have their day in court. A trial date of August 1st, 2007 has been set and the trial will take place at the Federal Courthouse, 501 I St., Sacramento, CA.

Supporters are welcome and encouraged to come.

Dr. Fry was diagnosed with breast cancer and ended up surviving a double mastectomy over eleven years ago. After unsuccessfully dealing with the side effects of chemotherapy and radiation, Dr. Fry turned to medical cannabis. Her success with cannabis compelled her to provide others with the same opportunity. She and her husband set up a consultation and recommendation practice in Cool, CA. dealing with the laws surrounding cannabis and it’s medicinal use.

On September 28th, 2001, the DEA raided their home and their office, seizing all of the attorney-client and doctor-patient confidential files and the witch hunt began. The couple feels that the El Dorado County Sheriff’s department played a major role in entrapping them as they worked side by side with the Feds for several years, all the while encouraging the couple to continue their work. The federal government failed to get an indictment against Fry and Schafer until two weeks after the Supreme Court ruled against Angel Raich in June of 2005. On June 22nd, 2005, they were indicted for conspiracy to manufacture and distribute 100+ plants with known and unknown persons back in 1999 through 2001.

As part of the terms for release, Dr. Fry was ordered “to remain gainfully employed” and continue her practice.The basis for the government's entire case rests, for the most part, on the testimony of a felon convicted of drug dealing who has been offered leniency in his own sentencing. This informant has alleged that Fry and Schafer were growing hundreds of plants in their backyard yet only 32 plants were found, legal under Prop 215. Additionally, the convicted felon claims that the couple was dealing in thousands of clones (rooted cuttings), yet none were found.

The fact of the matter is that local law enforcement was apprised regularly throughout the development of Dr. Fry's clinic by Attorney Dale Schafer in an effort to maintain compliance with the law. The couple also sought and received approval from the Attorney General's Office in Sacramento. The Federal magistrate, with no medical training and no constitutional authority to prescribe medicine, has denied Fry and Schafer the right to use medical cannabis which has been recommended by their physicians. Fry and Schafer have been randomly drug tested since June, 2005, despite the Ninth Circuit Court of Appeals ruling that it is unconstitutional to randomly drug test a person who has not been convicted of a crime ( we are supposed to be innocent until proven guilty). Fry and Schafer have been forced to replace the cannabis, a harmless herb with tremendous medicinal value, with no less than a half dozen deadly and highly addictive FDA approved and Physician prescribed drugs. Drugs like Methadone, Norco, Oxycontiin, Valium, Dilaudid, Prozac, Clonapin, Flexiril, Ativan, Compazine and Dexadrine.

Furthermore, the courts are denying Fry and Schafer the right to use Marinol, which is legal in all 50 states for everyone in the country except these two people who have not yet been convicted of a crime.

The Federal Government has stated that these two people are major west coast drug dealers. The government did not find an appreciable amount of marijuana nor did they find any cash, two things generally assumed to be in the possession of drug dealers.

The undercover tapes also reveal that Dr. Fry was hoping to have clones to offer her patients for $5.00 a piece in the future. These sales actually never occurred. Nor did the government undercover agents ever succeed in buying marijuana at the cliniceven though they tried repeatedly, over and over and are still trying to this day, without success.

One has to wonder why the government failed to secure an indictment against these “dangerous” criminals for almost 5 years if the case against them is so strong? And why would the government allow Dr. Fry to continue operating her Medical Cannabis Consultation and Recommendation Service if she was posing some sort of imminent threat to the community?In the most recent hearing that occurred on July 13th, 2007, the Judge and the U.S. Attorney’s office have both agreed to deny the jury the right to know that Californian’s voted medical marijuana into law by way of proposition 215 and the initiative process back in 1996. While the Judge suggested that there is controversy surrounding the medical efficacy of marijuana, he stated that he must follow the law. The assistant U.S. Attorney stated with regard to medical marijuana patients that “they just want to get high and forget about their pain”. Judge Damrell stated that if he allowed someone to use the medical necessity defense, he would also have to allow a robbery suspect a similar opportunity. In other words, stealing should be allowed if it makes the thief feel better, even though it’s against the law. This is outrageous when one considers that stealing anything ends up damaging someone but using marijuana doesn’t harm anyone!At one point, Attorney J. Tony Serra asked the Judge to order the prosecutor to produce a witness list so that he could prepare a defense. It’s been six years since the DEA, with the El Dorado County Sheriff’s help, ransacked the home and office of Dr. Fry and Dale Schafer and two years since the Feds indicted the couple and two weeks before the trial is to begin, the Assistant U.S. Attorney declared that she really didn’t know who she was going to call to testify against them. Serra, infuriated, described her response as appalling and arrogant. Whatever happened to “tell the truth, the whole truth and nothing but the truth”?

In 2001, the Feds threatened Fry and Schafer, both, with 40 year sentences. Now, after almost six years of persecution, the government has offered Schafer five months and Fry, NO jail time if she stops practicing medicine for the next five years. The couple seeks complete vindication. A demonstration is being organized and all patients and advocates are invited to show up and carry signs of support.

The time is 8 AM on August 1st at the courthouse located at 501 I St., Sacramento.

For more info: www.DocFry.com
1-866-4 Doc Fry