Medical Marijuana Prisoners Seek New Federal Trial, Bail

NEWS ADVISORY from Americans for Safe Access – FOR IMMEDIATE
RELEASE

Medical Marijuana Prisoners Seek New Federal Trial, Bail

Hollywood Actor One of Three Alleging Entrapment by San Francisco
Police



(San Francisco) Monday, October 18, 2004 – Two of the few
remaining federal medical marijuana patients will be in federal court
Tuesday afternoon seeking their freedom. Noted Hollywood actor Kevin Gage
and Thomas Kikuchi will be back before Judge William Alsup – who
sentenced them in July 2003 to 41 months in prison and three years
supervised release for growing medical marijuana – arguing that they were
entrapped by San Francisco police and received inadequate counsel.



They seek a new trial and bail pending its outcome. Included in the court
proceeding Tuesday is Stephanie Landa, a co-defendant who was also
sentenced to federal prison but is being allowed to wait on serving her
time until Mr. Kikuchi’s release, so she can take care of their child.



At issue is a meeting the three had on March 11, 2002 with San Francisco
police, including Captain Kevin Cashman and Inspector Marty Halloran,
about how to grow medical marijuana legally. Based on the assurances they
received, the three began cultivating a few blocks from police
headquarters. But on July 18, 2002, a SFPD team led by Inspector Halloran
raided the warehouse and arrested them. Captain Cashman subsequently
ordered their release as documented medical marijuana patients, but two
weeks later all three were indicted by the federal government.


At the time of their sentencing, Judge Alsup ordered an investigation
into SFPD involvement in their federal prosecution. Then-District
Attorney Terence Hallinan denounced SFPD’s apparent role in the case,
saying, “It’s absolutely improper for San Francisco law enforcement to
turn people in to the federal government.” And members of the Board of
Supervisors wrote a letter on their behalf, requesting leniency, as did
former Screen Actors Guild president Ed Asner.


A noted actor, Kevin Gage was growing medical marijuana for his own back
injury, his cancer-stricken sister (who has since died), his brother who
has MS, and others. Prior to taking a year off to care for his family,
Mr. Gage had appeared in the movies Blow, Heat and G.I. Jane, and such TV
shows as Nash Bridges and L.A. Law. Ms. Landa had medical marijuana
recommended to her after a car accident left her in constant pain and
without use of her right arm. Mr. Kikuchi also has a doctor’s
recommendation to use marijuana for chronic pain.


What: Motion hearing for new trial and bail for federal medical marijuana
prisoners.


Who: Kevin Gage, Tom Kikuchi and Stephanie Landa. Defense Attorneys: Bill
McPike, Dennis Roberts, Allison Margolin, and Jeff Skalan


When: 1:30pm, Tuesday, October 19, 2004


Where: Courtroom of Judge William Alsup, U.S. District Court, 450 Golden
Gate, San Francisco


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Americans for Safe Access is a national coalition of 10,000 patients,
doctors and advocates. For interviews or more information, contact Kris
Hermes at (510) 486-8083.