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Quick Hits (page 4)


15-year-old achieves Superior Court dismissal

By: Citizens Against Corruption

NEWPORT, Wash. -- 15-year-old high school student Joshua Krawiek represented himself against the state of Washington on charges of possession of paraphernalia and won. Joshua was able to prove to the court that he was charged with a crime that does not exist in Washington state.

On October 11, 2001, Joshua went to his locker between classes to retrieve books from his backpack only to find that his backpack had been taken to the main office. Joshua asked why his backpack had been taken from his locker. Three law enforcement officers insisted that the K-9 drug dog had signaled the presence of marijuana on two of the three 35mm film canisters found in his backpack.

When asked about the film canisters, Joshua's explained that he used them to store fishing tackle, such as flies and hooks, as he would sometimes fish on the way home from school. He procured film canisters free from various photo processing establishments around town and stated that there was no marijuana in the canisters to his knowledge.

The officers found a trace of a green leafy substance in one of the canisters, one canister was empty, and one contained a fishing fly.

A field test showed positive for THC in one of the containers. However, because there was not enough marijuana present to be charged with possession, Joshua was charged with possession of paraphernalia.

To help prove his innocence, Joshua had a drug test performed at the local hospital. He submitted these negative test results to the prosecution, but to no avail.

Joshua then contacted Citizens Against Corruption (CAC) of Newport. The CAC directed him to the local library and assisted him in pulling up Internet sites for legal research, such as LOIS Law which is offered free by the county as provided by law.

Joshua found in his Internet travels that "possession of paraphernalia" in Washington State is not a crime as quoted in State v. McKenna and State v. Welker. Joshua also pulled up the entire section of the statute under which he was charged, RCW 69.50.412. This statute clearly states that it is unlawful for any person to use drug paraphernalia for illegal purposes.

Possession of drug paraphernalia is not a crime.

According to Washington state law, the use of drug paraphernalia is classified as a misdemeanor and all misdemeanors must be witnessed. No one saw Joshua using containers for drugs. Several people have, however, witnessed Joshua using film containers to store fishing tackle.

Joshua was assigned court appointed attorney Tim Trageser who had no contact with Joshua until his first hearing and did nothing to defend him. At the first hearing, Trageser lied to the court about his communication with Joshua and his father.

Joshua chose to fire Trageser because he not only lied to the court on the record, but did nothing toward defending him.

The court also refused to allow Joshua's father, his guardian and first friend, any right to defend Joshua, a minor, who has no legal standing in the court and must be represented by counsel of choice, in this case his father. Representation by a parent on behalf of a minor has repeatedly been allowed in the federal courts because it is a constitutional right to counsel.

After several pre-trial motions for dismissal had been rejected by Superior Court Judge Rebecca Baker, she reluctantly dismissed the charges at the trial on January 3, 2002. Judge Baker stated on the Order of Dismissal, "the court heard the State's offer of proof and concludes (1) the charging document is deficient and (2) the proof is inadequate under Knapstad to establish the presence of drugs."

Judge Baker, apparently irritated at the prosecution's inability to outsmart a minor in her court, reportedly stated to Joshua, "Don't laugh when you leave this courtroom, thinking you have beat the system because you have looked these things up yourself. We are going to get you down the road."

The CAC concluded that this 15-year-old boy had his reputation tarnished, and was suspended from school for using 35mm film canisters to store his fishing lures. "This tells us that the drug dog needs a new nose, and Newport City Police officers need to get a life and a new job they can handle," commented CAC founder Leonard Browning.

The Pend Oreille County Prosecutor's office charged Joshua with a crime that is not a crime and prosecuted him maliciously without probable cause. The county's actions caused strife and dissention in Joshua's family and his father was forced to transport him to a special school while this matter worked its way through the legal system.

"I think everyone should thank Joshua Krawiek for exhibiting the character and patriotism it takes to stand up for his God-given and constitutional rights. We need more young people like this in our society to insure lawfulness and justness in our legal system and to preserve our way of life here in America. If enough people, young people and adults alike, will stand up to this type of malicious persecution, government officials will be returned to their rightful place as public servants," Browning said.


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Growin' Our Own (page 4)


Triumph from Tragedy

By: Nina Cole

Triumph from TragedyAhhh ... college! What wonderful days. Days of extreme poverty, extreme partying, extreme politics, extreme just about everything.

It wasn't any different for my roommate and me. We were severely under financed. Boiled alphabet pasta for breakfast. Meat was a rare treat. But the pot was always there. The music was always there.

Both of us were mass communications majors - TV and radio. We were going to be famous! We were at least going to be the next Wolfman Jack! We were delusional.

Jonathan Peabody Pukenasty, my roommate, had visions of being a huge radio personality. He grew up in Brooklyn. He had always used the mass transit systems there, so had never learned to drive. (I tried to teach him, but that's a story more to be written by Stephen King.) This was not without benefit. All the money he might have used for purchase and maintenance of a car he poured into record albums. Yep, vinyl. I'm talking a wad of years ago, folks. He had about 3000 albums of various sorts. Everything from hard rock to jug bands. He could talk knowledgeably about all different kinds of music - classical, jazz, fusion, country - you name it, he knew it.

Unfortunately, that was about all he knew. He wasn't a complete slob, mind you, he just wasn't very good at keeping things real clean. Our place didn't look like it had been bombed, but things tended to get 'forgotten'.

That was the case with the infamous shoebox. Times had been particularly tough as far as cash flow. I mean more than the normal broke. We couldn't afford toilet paper - had to steal it from the local McDonalds. Needless to say, the pot dried up along with the funds. We had good friends, but they were broke too. No money, no smokee. Bummer!

One afternoon JPP (the roomie) was digging in the back of his dresser drawers trying to find something. He found a treasure instead! I heard him scream "Jesus' Penis" from the back of the house. I ran back, fearing to see him without a finger or something. Instead he was sitting on the floor grinning from ear to ear. "Do you know what this is?" I said no, but I was sure he would enlighten me. I get a little bitchy without something to calm my nerves, y'know?

He went on to explain that when he had been flush with funds (more than a dollar 3.98 in his pocket) several months previously he had bought some ditch weed from a friend who needed money badly. He just did it as a favor to the guy. He figured since we had some fairly righteous stuff at the time, we didn't need to tear up our throats with that garbage. Well, since we didn't need it, he put it in an old shoebox and stashed it in the back of his bottom dresser drawer. We began to celebrate immediately!! Time to sing and dance!!

Then he opened the box. Bleeeccchhh! It had molded over completely! Not-so-Mr. Clean had evidently spilled something in close proximity to the box. The moisture and cool temperatures where we lived did their mean work. The entire top of the weed was covered in grey fuzzy mold. Talk about bringing you down. We had to look up to see a snake's ass.

He scrabbled through the box in hopes that the bottom wasn't ruined as well ... no such luck. Almost an entire box full of weed, molded and wrecked. Life is so cruel.

Jon is half Italian, half Jewish and very thrifty. He decided to try an experiment. The ruination came from moisture, maybe if we dried it out??? We dug out all the cookie sheets we could find in the kitchen (one), and borrowed a couple more from a neighbor. After spreading the ugly glop out as best we could we put it in the oven on the lowest temperature setting. He checked it after about two hours - no joy yet. By now it was three in the morning and we both had class the following day. He turned off the oven and we turned in. Electric ovens tend to keep on baking for quite a while after you turn them off. We didn't think about that, just left the stuff where it was.

When we got back from classes that next day, Jon took a look at our mess in the oven. "Hey! Its starting to look dry!" So back on goes the oven and we sat, quite literally, staring at it hungrily. About three hours later it looked dry enough to twist one up. I was really scared. What if the mold was poisonous? What if he died? (I wasn't about to smoke it.) After many admonitions and questions as to what hospital to take him to and how to contact his family, I finally gave in and let him play hero. Big of me, yes?

He put on his favorite comedy album, Firesign Theater. We figured you may as well go laughing. Then he sat down and rolled a pinner. Damned good thing, as it turns out. He took a hesitant hit. "Doesn't taste too bad. Doesn't taste too good, but it won't gag you." Oh yay! I don't care about the gag part - is it going to kill you?

Presently Jon began to conduct music that wasn't playing. He started to describe to me the various colors and patterns on our scarred, bare hardwood floor. He was trippin' majorly! The high lasted him about four hours - not bad for a couple of hits off a pinner. After I saw he didn't die, I tried it. (Okay, so I'm a wuss - sue me.) I had the audio and visual hallucinations too, as well as some very pleasant olfactory ones.

We had almost a shoebox full of pure gold. We sold a little (damned little) to friends, kept the rest for ourselves and used it very sparingly. The problem was that we were now everyone's best friend, living or dead. After telling people for the thousandth time that we had no idea what kind of mold it was, or even what kind of weed it really was, I think we finally got through to them. The only thing that turned them off, though, was when we told them it was all gone.

We could have gotten lonely after that ... if we hadn't had that half a shoebox in the bottom of the dresser to keep us company.

Happy trails to you!


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Pipeline (page 4)


0013 hrs. communique from the front

By: General Lee Doofy

General Lee Doofy's flagHere in the trenches it always pays to stay informed. In that regard I was watching one of those real life cop shows on TV the other night. Yes, that's right, I watch some of that. You should always attempt to know how the enemy is thinking. The closer to the front lines that you are the more it pays to know of enemy activities.

There was a time when I could have told you who was on shift in my area and when, how many kids any given officer had, how his marriage was etc. etc. etc. This along with what kind of weapons they were using and most important of all - who was bucking for promotion to the narc squad, how many were on, and what area they were working.

Some of the information came from the the good old boy syndrome; this works well when you are dealing in your own home town. Some information came from The Policeman's News. Yes, that's right, I subscribed - fifty bucks for four issues. It was published quarterly. Hey, its like this, those guys like to talk and, in some cases, brag. I am getting far afield of what I am trying to relay, so I'll get back to the point.

The cop show I was watching was hosted by a guy and a gal and narrated by one of those unseen voices. A typical we wear guns show. See how we are protecting you. In this case they were featuring drunk drivers. The usual staggering, mouthing off, and falling on their ass drunks being hauled off to the tank. Now keep in mind that they were ostensibly arresting these drunks for driving erratically. I am watching them haul off women, men, young, and old. It is kind of strange because even though they are being arrested most are laughing etc., up to a point. What I mean is, even the cops have all been wasted once or possibly twice in their lives so there is a certain amount of understanding passing between them and the drunks.

Then they got to the guy. What guy? The pot guy. You did know that there would be a pot guy, didn't you? So they are giving Pot guy the sobriety test and the unseen narrator says: "This guy was passing the test and doing alright, but watch his pocket." At about that time a small metal pot pipe falls to the ground and the gleeful cops go through their gotcha routine. This doesn't make any sense at all. They have pulled a guy over. They are looking for drunks. Pot guy is passing the god damned sobriety test and is fit to drive but they get him for possession. The narrator continues, "He is off to the slammer with the rest of them."

So there you have it. You tell me where the logic is in that situation. What you must remember when pulled over is try not to look like a deer with its eyes caught in the head lights. Don't do something stupid like trying to ditch the paraphernalia. You must also bear in mind that you and the cops are not likely to have the same experience, comradeship and special affinity that they share with the drunks. It does not matter that you can drive. Although the drunks are responsible for untold numbers of deaths and maimings, they are an accepted and shared evil. You are not.

There it was, and from the enemy himself. An admission that the smoker was in better shape to be on the road than the drinkers. The problem is that they do not even realize how stupid and illogical that makes them appear to be. Remember that an obtuse enemy is not to be taken lightly, especially when he holds the gun and the power.

Smoke it if ya got it.. grow it if ya need it ...... At Ease, the General


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