home>>>

Eddy Argues for His Release on Religious Grounds

Ann Harrison's Blog Entry

San Francisco, CA Feb. 28, 2005 -- Cannabis grower Eddy Lepp's first attempt to make a religious argument in his federal cultivation case today resulted in a denial of his request to be released on bond. Lepp presented documents to U.S. Magistrate Maria Elena James supporting his argument that the federal charges filed against him for marijuana cultivation were a violation of his religious freedom.

Lepp's federal defender, David Fermino, explained in court that the documents confirmed that Lepp is an ordained minister and represents a religious group and that his prosecution "runs afoul of First Amendment and other Constitutional protections."

Lepp requested that the documents be read into the record. But James instead recessed for ten minutes to read the papers and then returned and rejected the argument. "He has reoffended and the documents demonstrate that he feels he has a right to continue this activity," said James who ruled that Lepp was a "danger to the community" and likely to break the law again.

Lepp has been in custody at Santa Rita Jail since February 16 when he was arrested by the DEA for allegedly growing 6,300 marijuana plants. Federal prosecutors also alleged that that they have a recording of Lepp selling a pound of "high-THC marijuana" to an undercover agent in January. At the time of his arrest, Lepp was fighting two earlier cultivation charges stemming from a raid last August when federal agents seized what they say were 32,000 marijuana plants from his farm. In that case, Judge Marilyn Patel released Lepp on bond. Lepp asked that Patel again rule on his detention for the current charges, but her calender for the day was full.

Federal prosecutor David Hall argued in court today that Lepp's "danger to the community" was illustrated by "the defendant's insistence on repeatedly violating the laws of the United States." Hall added that "the defendant maintained to Judge Patel that he was growing the 32,000 cannabis plants under proposition 215 and had a list of the people he was caring for." But Hall alleged that when Lepp negotiated the sale with the undercover officer, "there were no religious undertones or mention of medical marijuana laws."

Lepp says he was pressured to sell cannabis by another grower who had earlier been arrested. But Lepp said he turned the offer down and another person stepped in to sell the pound to an undercover agent. Hall said in court today that the undercover agent, accompanied by an informant, recorded his negotiations with Lepp to purchase the cannabis and told Lepp that he planned to sell the cannabis in Los Angeles and Seattle. Hall said Lepp allegedly told the undercover agent that he could sell Lepp's cannabis for $4,800 in Los Angeles. Daniel Barnes, who allegedly delivered the pound of cannabis to the undercover agent, was also arrested and released on $100,000 bond February 25.

Lepp said that the government has started forfeiture proceedings against one of his fields and fears they will move to seize his house as well. Hall alleged in court today that Lepp has extensive property and has been able to add significant additions to his large house. He added that the undercover agents witnessed three large color television sets taken into the house during negotiations for the alleged sale. During the discussion of whether to release Lepp on bond, Hall argued against release saying, "Lepp is a significant risk, his Web site indicates that he was growing this marijuana, he was selling it to undercover agents and enriching himself." Hall said he would present a superseding indictment in front of Judge Patel indicating that he will join together the two sets of charges against Lepp.

Fermino disputed the allegation that Lepp presented a danger to his community if he was release from custody. "This is a man who has very strongly held religious beliefs and there have been no allegations of physical violence or weapons," said Fermino who added the Lepp presented no threat if he were was carefully monitored and supervised. "He should be told what he can or cannot do in pursuant to the law and not kept in custody. The danger to the community  in this case is fiction. Ms. Patel allowed him to travel to Europe and he is otherwise a law abidding citizen."

Lepp has been charged with distribution of marijuana, conspiracy to distribute marijuana and maintaining a premise for the purpose of cultivating marijuana. In an interview inside Santa Rita Jail on February 25, Lepp said that he would represent himself and present a religious defense based on the Religious Freedom Restoration Act and the legal precedents established by the Native American Church. Lepp said he made a covenant with God that if He gave his wife Linda the will to survive thyroid cancer, Lepp would devote his life to growing cannabis for sick people. Lepp said his church took donations from 4,000 patients and grew medical cannabis for them. But so far, no patients, or anyone else for that matter, has visited Lepp at Santa Rita Jail except this reporter and Stacey Swimme, field manager for Americans For Safe Access.

Lepp's wife Linda says she has focused on assembling Lepp's legal papers and notes that it is a three a half hour journey from her home to court and another hour and half to the jail in Dublin. "I've been severely ill and traveling is not helping," said Linda Lepp.

Lepp said he has no money to hire counsel and has appealed to attorney Tony Serra to help represent him on the current charges pro bono. According to Lepp, he wants an attorney to file a motion for an injunction against federal prosecution similar to that which was filed on behalf of the Wo/Men's Alliance for Medical Marijuana in Santa Cruz. Fermino said the federal defenders office was not comfortable with the idea of serving as Lepp's co-counsel on the case. "It's important that I be able to defend myself, but I need help," said Lepp.

Appearing thin and disheveled in court, Lepp also repeated an earlier request that the jail allow his family to send him need denture adhesive. He said he would raise lack of proper dental treatment and restricted access to legal material as arguments for release. "I'm begging you, you honor, can I get the stuff so I can at least eat, please," said Eddy, holding back tears. "That's not my call," replied James coolly. "I don't control the prison Mr. Lepp."

Lepp will appear in front of Magistrate Joseph Spero for an arraignment at 9:30 am on Wednesday during which Lepp will enter a plea. Lepp will then appear again in front of Judge Marilyn Patel on Monday at 9:30 am. The judge will be asked to decide whether Lepp can defend himself and hear an appeal of his detention and denial of bond.