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Re: Ferndale Clinical Relief preliminary exam is over

While I was only there for the direct of the OIC, because we had done reenactment at the Clinic, I felt much of the story was being told. Ryan did a great job of putting the scenes in action. While there was a lack of detail from the OIC (what do you expect from the prosecution ), what was presented seemed accurate

The lawyers did a great job of keeping the alleged transactions that occurred on the parking lot out of the case. That was huge.

Great job Cheryl and team. As I said to Cheryl, I am vested and glad to help. After reenactment (which was so real I was feeling adrenaline during the scenes), I hugged Ryan and told him I loved him even more than I did before. He is sympathetic.

Let's work together more and thank you for letting me help

Mike Steinberg

Check out my new website http://michigancriminallawdefenseattorney.com
www.mikesteinberglaw.com

Sent from my Verizon Wireless BlackBerry Storm

From: "Cheryl A. Carpenter" <cheryl@carpenterlaw.us>
Date: Fri, 05 Nov 2010 16:33:21 -0700
To: Marjorie Russell<marj107@me.com>
Cc: Faraj Haytham<haytham@puckettfaraj.com>; josh@mielcarr.com<josh@mielcarr.com>; tmloeb@mich.com<tmloeb@mich.com>; <mykoesq@aol.com>; Christine Photenhauer<photenhc@cooley.edu>
Subject: Ferndale Clinical Relief preliminary exam is over

Thought you might want an update on the case you helped us with.

After almost two full days of preliminary exam, we are done.  We won't have a decision on bind-over until March, 2011!  However, Judge Longo already told the attorneys that he does not believe a section 4 defense is proper at district court level.  He said it is a question of fact for the jury, has ruled that way on previous cases and will most likely rule the same way in this case.  I'd love your thoughts on this.

Mikey was in court this morning.  Unfortunately, he only got to see the boring direct exam of Det Myers who was the undercover detective we met in discovering the story.  He's the OIC and the one who sold the overage to Clinical Relief and then held the door open for the SWAT team to enter.

I have to say I have a new nickname for Tom - Professor Tom.  He artfully persuaded Judge Longo to admit the Certificate of Occupancy and L Brooks Patterson memo from a website about how local communities should be allowed to determine allowance of MM dispensaries.

Haytham, I thought of you today.  I remember what you said in discovering the story about if your gun is drawn, you are ready to shoot.  I had Det Myers show how he was holding his gun.  He put his arm out but pointed mostly downward.  I then said, "You had your finger on the trigger?"  This seemed to spark something in him as he quickly and loudly said, "No, that would mean I wanted to shoot."  I then asked where his finger was.  He said it was along the handle and safety was on.  He admitted that the employees were on the ground but he said he didn't see the gun on Ryan's head.


 I kept having Det Myers characterize his interaction on the day of the raid with Ryan as an educational session.  I went over all the botany terms Ryan used and how he was trying to educate a patient to get better medicine next time.  What I got a kick out of is when prosecutor Beth Hand on her re-direct asked Myers, "So when Ryan was educating you . . . "  I love it when prosecutors adopt my words.  

I seemed to get a lot of objections on relevance but I think I got the story across.  I got pretty much through how much time and hours Det Myers and his team spent on investigation so far.  He said it would be fair to say over 100 hours.  I got an objection as I tried to further this point and I responded with a speaking objection about the taxpayers money being wasted on this investigation.  I think this is the time Judge Longo said my response wasn't legally valid.  But it was more for the press and the story to tell the jury.

I got Ryan to show his medical necklace and Det Myers acknowledge that Ryan was having some sort of medical crisis right after the raid.  Det Myers was quick to point out that it was him who allowed Ryan to use his medicine.  

I'll let Prof Tom share his cross if he wants.  He started us out with each witness and did a great job.  He definitely won over Judge Longo on legal arguments.

Please keep these comments amongst us.  I'm sharing because I feel like you guys are part of Ryan's story now.  

Cheryl






Cheryl A. Carpenter, PLLC
Attorney at Law
25742 Schoolcraft Road
Redford, MI  48239
(248) 229-9359
(248) 671-0477 (fax)
cheryl@carpenterlaw.us
 For more information, visit our website www.carpenterlaw.us


-------- Original Message --------
Subject: Re: your help
From: Marjorie Russell <marj107@me.com>
Date: Mon, November 01, 2010 11:48 am
To: "Cheryl A. Carpenter" <cheryl@carpenterlaw.us>, "tmloeb@mich.com"
<tmloeb@mich.com>
Cc: Faraj Haytham <haytham@puckettfaraj.com>, "josh@mielcarr.com"
<josh@mielcarr.com>

Thanks
We're ok on the $



I have been thinking of the issue of the $
Is it ok to make a profit and
What your student said about it looks like a business

As we know from other states the real key to hooking support is the tax benefits
Local govts always lead in this
It is easy to paint the pic of the contrast between what happens without places like the clinic
And what happens with them

Drug dealer with guns and other bad stuff
V
Good neighbor local business trusted by govt officials
Paying taxes
And paying employees who pay taxes

Which do we prefer?
That is the Q
Ferndale didn't call Cooper and Bouchard in
They nosed in on their own
For their own reasons

If they had asked the folks who gave the clinic their certain of occupancy
Or the mayor 
Or fire chief
Or city council
Or the dept of community health folks who reviewed the mmj applications for pts who saw the clinic docs
Everyone would have told Cooper and Bouchard
This is a good neighbor biz
Trusted and taxpaying 
Go find the bad guy street drug dealers and leave these guys alone!

So work with this:
This biz opens up
Gets permits
Has the mayor, city council, and fir chief in
Visiting and using the publicity
As positive about Ferndale

They have books like any other business
Operate in the open like any other biz
Pay biz and income taxes like any other biz
Operate like the other businesses
Licensed and welcomed by the city officials
Have security and carefully check the people they deal with using the tools available to them

Now prosecutor Cooper and sheriff Bouchard
Have made their own decision about this business
They have decided if they call it a drug operation 
If they lie and cheat 
to get in 
and to make Purchases and sales of medicine

If they send in masked troops armed with automatic weapons 
They can get some of their own publicity
And make over the law
Instead of doing the will of the citizenry they are supposed to serve

Would we rather have
Mmj patients
Going out on the street?
Buying from dealers who have weapons, crack and meth too?
Having all of the money earned by the dealers and their employees
Stay in the black market?
No taxes paid?
No good licensed trusted citizens to transact with?

Should the guy like Ryan 
Who now works there
Still be getting unemployment?
Unable to work?
Unable to pay his medical insurance?
Unable to get mmj except for an illegal sale with a street dealer?
Or would we rather have him as he is now?
( or was until Cooper and Bouchard stepped in to 'help')
Employed
Paying taxes
Paying for his own health insurance and medicines
at rite aid and at the clinic
Working for a business that is not in back rooms 
On the street 
Underground
Where, when the mayor or fire chief or city council comes by
They all smile and shake hands
And enjoy each other as good citizens of Ferndale

Which do we want?
Ferndale and the state of Michigan have declared this biz and these caregivers
As trusted citizens
Just like the guy with the liquor

And they did not betray that trust
They followed the law
They required mmj cards 
And required id
They kept business books and records
They paid taxes
Their employees paid taxes
And nobody was having to interact with the
Violent criminal drug dealer on the street
Who is also pushing crack and meth and pills

That is who we want Cooper and Bouchard to go after!
It is Cooper and Bouchard who have betrayed the trust of the people 
Instead of going after the bad guys
They decide to try and make 
These good citizens look like bad guys
Because they don't like the mmj law
They are the ones who forged documents
They are the ones who lied
They are the ones who bought and sold illegally
They are the ones who acted like the thug drug dealer on the street

They may not like it
But the voters of Mi made this law and they have to support and protect it
Not undermine it
Their storm troopers have no place in a biz
Properly operated for X months without any trouble at all
The place we want citizens to be safe
Getting their medicine
Instead of out on the streets
That Cooper and Bouchard ignored
To make their media show 

Let me know if/when you want to do more. 
Reenactment of city fathers' visits might be fun!

M

Sent from my iPad

On Nov 1, 2010, at 11:08 AM, "Cheryl A. Carpenter" <cheryl@carpenterlaw.us> wrote:

Marj,
 
Thanks so much for helping us yesterday.  It was a huge help.  Mikey called me today and said how much he cares for my client after going through the re-enacment.  I've liked my client from the beginning.  Now I feel like I was there during the raid.  It's in my muscle memory and I won't forget it.
 
Would it be okay if Tom I each paid you $400.00 for the prep for a total of $800?  I know you've already reduced your fee but I thought I'd have at least two other attorneys splitting the costs.  That's not your issue, I know. 
 
Cheryl
 
 
Cheryl A. Carpenter, PLLC
Attorney at Law
25742 Schoolcraft Road
Redford, MI  48239
(248) 229-9359
(248) 671-0477 (fax)
 For more information, visit our website www.carpenterlaw.us