Update
By Edward Snook
Investigative Reporter

Eastern District of California - As you read this, realize it is a fact that California passed Proposition 215 in 1996, which makes it legal for Patricia Albright to grow medicinal marijuana after she obtains a prescription – she did this. Further, the State of California passed SB420 in 2003, which prompts growers to grow medicinal marijuana and created a good-faith belief for growers that they could sell their “overages” to dispensaries and other prescription holders - Albright thought this was legal due to advise from professionals.

Using a strict and factual interpretation of the United States Constitution, federal prosecutors have absolutely no jurisdiction to prosecute Patricia Albright or her son even though they have usurped the right. The prosecution of Albright and others like her is wasting billions of hard earned tax dollars each year. And, Albright’s prosecution is just plain wrong, ethically and morally.

What was Patricia Albright doing with her marijuana?

Patricia Albright's deceased son - Trevor

As I wrote in our previous press release, Patricia Albright’s use of marijuana started with her 8 year-old, deathly ill son Trevor. She used marijuana to treat Trevor due to the prompting of an oncologist, in order to alleviate Trevor’s pain and improve his quality of life. Trevor had terminal cancer – Trevor tragically died… The US Attorney’s Office should look long and hard at this picture of young Trevor – and then ask themselves, what if this was my child?

Patricia made butters for baked goods, oils and tinctures for people with Hepatitis C, on dialysis, AIDS, high blood pressure and cancer. We do not want to reveal the names of these individuals as we do not want to draw a road map for the federal government to wrongfully harass and possibly arrest them.

It takes many pounds of medicinal marijuana to make butter, oil and tinctures. So, when prosecutors talk of “pounds” and “great numbers of plants,” it is important to realize that this is being done for the sole purpose of exaggerating the circumstances, simply to make Patricia Albright look bad when she is in front of her jury.

Patricia never charged for these things, she called it "part of her ministry." Two of the following three people who used marijuana grown at Patricia’s farm were part of her “collective” of growers and had their prescriptions posted, as did Patricia, on the gate at the entrance to her farm and they believed they were acting legally according to California State law.

One person who received substantial pain relief from the marijuana that Patricia grew has had a massive stroke and is riddled with cancer – unfortunately, due to Patricia’s false prosecution he no longer has access to her organic medicine, which could alleviate much of his pain and discomfort.

Two other individuals who used marijuana grown at Patricia’s farm for pain relief have now died - one of aids and the other of bone cancer. Both of these individuals made substantial claims regarding the pain relief the marijuana provided. I should note that we are looking into numerous other instances where Patricia Albright helped extremely ill people who possessed prescriptions for marijuana, cope with their pain through the use of medicinal marijuana.

Who is responsible for this miscarriage of justice?

Patricia and son Jordan

Patricia’s Federal Public Defender Matthew Scoble of Sacramento, California, was recently provided cooperating witness Jacob “Jake” Donahue’s statement against Patricia and her son Jordan Wirtz. According to Albright, “my attorney Matt was working with prosecutor Michael Beckwith to postpone our trial in order to give Matt enough time to investigate Donahue’s statement, which was full of lies and very damning to us.”

Albright continued, “When we met with Matt and after I told him about the US~Observer article he became very agitated over the fact that I would speak to the US~Observer and that they had published. He told me it could cause the judge to give me additional time on my sentence and he told me that I had better hope that the judge doesn’t see the article. He then stated that the judge would look at my statements to the Observer as witness tampering. He went on to tell me not to talk with the Observer or any press again.”

Here you have it folks! Patricia Albright has not had a trial yet, virtually no investigation of her case has been conducted by her public defender, she has been under strict supervision since her arrest (which actually equates to serving a sentence), her public defender is attempting to restrain her absolute 1st Amendment rights, and her conviction and actual sentencing is already a foregone conclusion according to her own attorney. What justice – what freedom…

Back on track - Matthew Scoble reportedly had a call from Assistant United States Attorney (AUSA) Mike Beckwith while Albright was at his office wherein Beckwith began recanting on his tentative agreement to continue the trial. According to Albright, “later that same day Scoble informed me that Beckwith told him that he would not agree to continue and that he was going to pursue other tactics, which could only be interpreted as vindictive. Scoble stated that Beckwith probably didn’t want the continuance because he was trying to cover his “butt” with his boss (US Attorney Wagner) for waiting to give Scoble crucial discovery until just days before trial, leaving them no time to investigate the discovery. AUSA Beckwith had possessed the discoverable material for well over two years.

I thought that defense attorneys were supposed to vigorously defend their client throughout the case, not merely during the three weeks prior to trial. It is very alarming that her attorney would reportedly tell her, you have no case, when responding to her question as to why she was in his office on March 18, 2013. How can Scoble explain why he is reportedly going on vacation the week prior to her scheduled April 2, 2013 trial? Patricia’s own attorney is becoming responsible, in part, for her false prosecution.

Patricia has already informed us that Scoble told her to pack up her home and get ready to go to prison. According to Albright, she doesn’t have any defense because Federal Judge Garland E. Burrell Jr. has stated that he won’t allow a “medicinal marijuana” or “legal according to California State law” defense. This is pure insanity! Even people charged with federal tax evasion are afforded the “good faith belief” defense of believing they weren’t required to pay the federal income tax. And there are no state laws making tax evasion legal, whereas California State law makes Patricia’s medicinal marijuana grow perfectly legal. If this is indeed Judge Burrell’s position, he will be responsible in great part for her false prosecution.

AUSA Michael M. Beckwith is responsible for the false prosecution of Patricia Albright. If Beckwith has acted coercively, like Patricia’s account of what her attorney has stated to her implies, then he is a great danger to freedom and the principles that once made America a great nation. His attempted false prosecution of this innocent American will permanently hang around his neck like an albatross… Beckwith is the main person at this juncture responsible for Patricia Albright’s attempted false prosecution.

United States Attorney for the Eastern District of California Benjamin B. Wagner, in the end, will share the greatest responsibility for the Albright false prosecution, should he allow it to continue. If Mr. Wagner looks closely at the facts of this case, he will easily see that a single lady possessing a shot gun and a revolver out in the wilderness have nothing whatsoever to do with growing a medicinal marijuana crop. If he takes the time to look into this case, all he will have to do to understand the false structuring charge that is tied to the medicinal marijuana charges, is to ask Patricia Albright for her explanation as I have done. He will then dismiss this case in the interest of justice.

The greatest responsibility for this absolute travesty of justice lies with President Barack Obama, his Justice Department and the United States Congress. President Obama is the one who instructed his “Justice Department” in 2009 to announce to the public that the feds would not be going after medical marijuana growers who were following state law. This public announcement was actually nothing more or less than “entrapment” in many cases.

U.S. Attorney Benjamin B. Wagner

It is Congress that makes unconstitutional laws. It is Congress who empowers the federal police state to trample states rights and totally violate the 10th Amendment.

Out of fairness, it is possible that US Attorney Benjamin Wagner doesn’t know all the facts of the Albright case, unlike his AUSA Beckwith, who has had the time and ability to properly investigate the facts. Wagner now has the opportunity to investigate and then right this wrong – he is informed… I want to stress that it will take men like US Attorney Benjamin Wagner to stop the insanity that is going on within our justice system.

I do not smoke marijuana and I’m certain that none of our investigators use it for medicinal purposes, or for any other reason. However, I believe in freedom and I absolutely hate hypocrisy. While our federal government continually talks about deficits and money shortages, they continue to waste countless tax dollars on victimless crimes. They continue to spend billions upon billions to prosecute and jail exceptional people like Patricia Albright and it is time that all Americans start screaming for them to stop, before our nation is completely bankrupt, both financially and morally.

I just received the following email from Patricia Albright:

“My attorney just called me to tell me that he has read the US~Observer article on-line a number of times and he has decided that he is going to file a motion to remove himself from my case because he doesn't appreciate his name being dragged through the mud. He says he hasn't heard anything from the judge on his motion to continue my trial. He also stated that I'd better hope that the judge has not yet read the article because when he does I am going to be very sorry.”

Is Scoble implying that Judge Burrell is prejudiced and vindictive? Is he implying that the judge is unconcerned with Patricia Albright’s Constitutional rights? I would think better of Judge Burrell – I am very skeptical when someone speaks for another, especially when that someone is a public defender who has done nothing to prepare or better yet, fight for a defense for his client…

War on Drugs, Patricia Albright & Common Sense

After a very thorough investigation of the charges against Ms. Albright it is clear that this lady never knowingly and intentionally committed the crimes contained in her Indictment. She did knowingly and intentionally care for others who were predominantly sick people in much pain.

Patricia is one of the most honest and open people I have investigated over my past 22 years of publishing the US~Observer – almost to a fault… Patricia was not out to get rich by growing marijuana, she had a purpose and that purpose was good.

This writer is keenly aware that many drugs are dangerous, they come from very dangerous sources and they do great harm to Americans - to those who use drugs such as Methamphetamine, Heroin, etc., to the tax payer who funds the “War on Drugs” and to those who are victimized by the criminals who traffic in dangerous drugs. By any stretch of the imagination, medicinal marijuana just doesn’t fall into the category of “dangerous drug.”

I am quite aware that US Attorney Benjamin Wagner is staunchly opposed to drugs and to the profiteering that goes hand in hand with drug dealers. He has been quite successful in fighting against dangerous drugs and should be highly commended for many of the dangerous criminals that he has removed from society. However, in the case of Patricia Albright - and I want to stress Patricia Albright - his Office and law enforcement made a mistake and he needs to make the correction.

As for the proverbial “War on Drugs,” there is a common sense side that few address. Most professionals would agree that marijuana is no more harmful than alcohol, while many claim that it is much less harmful, in fact beneficial. Prohibition did not work with alcohol and it clearly won’t work with marijuana.

If we are to correctly address our national debt, which is nearing a staggering 17 trillion dollars, we need to start with minor spending and all government officials must be held accountable. For example, a million dollars today is not really important to government. An expensive prosecution simply falls by the wayside and no one notices. This is wrong and it can’t continue or America as we know it will not continue.

I would urge US Attorney Wagner to continue going after criminals and dangerous drugs and I support him for doing his job well. I would also urge him to stop prosecuting the "Patricia Albrights" of California.

BREAKING NEWS

Patricia Albright appeared in federal court Friday March 22, 2013 where Judge Burrell granted a defense motion allowing public defender Matthew Scoble to withdraw as her attorney of record. Judge Burrell appointed lawyer Kelly Babineau of Sacramento, California to represent Albright and a new trial date was set for July, 30, 2013.

To read the previous article, click here.

Please contact me if you have any information regarding this case or the players involved. Edward Snook – 541-474-7885 or ed@usobserver.com

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