VALLEJO, CA -- Medical marijuana patient and caregiver Damon Frach appeared in court yesterday for a scheduled arraignment on charges of cultivation, possession with intent to sell, and maintaining a place for the manufacture of a controlled substance.
Coming as it did on the heels of Groundhog Day, Frach's court appearance had more than just a hint of déjà vu.
For the engaging 24 year-old, the situation was all too familiar.
Frach had already been arraigned on these same charges, stemming from the very same bust, well over a year ago.
Damon Frach
His ordeal began January 5th, 2006, when officers of the Benicia Police Department came to Frach's apartment under authority of a search warrant he says he was never shown.
While being handled with such force that his shoulder was dislocated, Frach watched helplessly as his home was ransacked. A long-time sufferer of severe neck injuries, Frach's rough treatment exacerbated his pain and left him in agony.
The search revealed a 20-plant collective garden belonging to Frach and five other medical marijuana patients for which he was a designated caregiver. Officer Damien Sylvester confiscated the documentation but was dismissive of its legality, reportedly telling Frach and his roommates, "Medical marijuana is a scam."
The judge, however, was not so sure.
When Frach's case was dismissed in Solano County Superior Court last spring, he rejoiced. He thought his legal troubles had finally ended.
Unbeknownst to Frach, the Solano County District Attorney promptly refiled the charges against him. Notices to appear were sent to an invalid address, and as a result Frach missed a scheduled court date in October 2006. He was unaware he was being prosecuted again, and also unaware that a warrant for his arrest was issued when he failed to appear.
Frach's wake-up call came shortly afterwards, when he was once again ambushed by arresting officers.
"They didn't know which address to send the notices to," Frach observed astutely, "but they sure knew which address to come to when they decided to arrest me."
After bailing out of jail, Frach immediately renewed his efforts to defend himself against the same old charges.
And they are precisely the same old charges.
Reviewing the criminal complaint handed over in court yesterday, defense attorney Valerio Romano seemed surprised that the current charges are identical to the ones filed a year ago. "This is all the same stuff," he noted as he perused the document.
Outside the courtroom, the defense attorney commented optimistically that there is established case law for fighting Frach's charges. Romano, who served yesterday as a temporary replacement for attorney Omar Figueroa, was straightforward about strategy. "We're going to file a demurrer," Romano explained, "and hope that goes through."
But, as this circular case continues to revolve, the next point of activity is the arraignment.
Though it was scheduled for yesterday, the Honorable Donna Stashyn delayed the arraignment until Figueroa could be available to appear as counsel. As such, the next court date will be at 1:30pm on March 1st, 2007, in Room 106 of 321 Tuolumne Street in Vallejo. At that time, Frach will officially be arraigned a second time.
The whole ordeal has developed the mood of a recurring bad dream. And by Frach's account, the most disturbing part of the nightmare is the harassment he continually receives from local law enforcement. The situation has become so dire that he is currently in the process of relocating outside of Solano County.
"The police want to have him on probation, and to have a search clause," Romano said plainly about Frach. "That's why it's great that he'll be moving out of the county."
Though he'll be residing in safer territory, Frach has not lost sight of the plight of medical marijuana patients in Solano County. In fact, he is keenly focused on these struggles and determined to fight a broader battle.
"Everything in my case is a stepping stone to showing what's wrong in this county," Frach said after yesterday's appearance.
And for many Solano patients who are living in fear of their local law enforcement, exposure is the first step towards justice.
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