Marijuana Laws and corruption Denied a Man the Right to a Fair and Public Trial
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In 1991 I was approached by a guy looking for my cousin. He told me this attractive girl wanted some weed. I asked him if she was single and he said yes. I hustled up and found a joint worth of weed I paid $5 for. She showed up and I gave it to her. She said, " Didn't Mat tell you we needed 100 lbs." to which I informed her I had no idea where to get that and didn't even smoke it.
She suggested I speak with my cousin which I did. My cousin told a couple of guys who then stole $200 from them. They turned out to be cops and all they had was a joint. So they turned this into a full blown trial with one joint and a pack of lies.
They tried me for an offer to sell over eight pounds of marijuana. The officer said I offered to sell one hundred pounds which was a lie. They also tried me for conspiracy. The jury acquitted me of the conspiracy but because the prosecution had committed fraud on court and deceive my jury they found me guilty of the offer to sell over eight pounds. See they took a dangerous drug statute and made it say marijuana. Marijuana Laws require the amount being offered for sale to be seized. As there was never an offer made and only a joint seized that was given, instructing the Jury to marijuana Laws would have made a trial pointless. So they chose to deceive the court and the Jury. So twice they denied me a right to a trial.
At sentencing I showed the judge the law which required 8 pounds of marijuana. He determined I was not guilty of the crime. That was it, I was found not guilty of everything.
They schedule another hearing which I wasn't present for. Here they chose to without a charge, trial and in violation of double jeopardy judge me guilty of an offer to sell under a pound. A crime that never happened and no one said it did. They put me on probation which I violated for drinking. I was then sent to prison. Because there was never a verdict given to the jury as there was never a crime, there's no conviction pursuant to ARS Rule 23.3 which requires forms of verdicts.
In 1994 I was sent to prison without a trial, due process and in violation of ARS Rule 18.1 and ARS Rule 23.3. Because I never committed the crime they sent me to prison for they can't justify sending me to prison for 10 years over a joint they refuse to correct the error. They won't even acknowledge the issue.
There is no conviction in my record but there is a felony on my record. I want that felony removed. I also want people to know that our system is not flawless and our Constitution is far from protected by Judges. The last thing they want is you to know they abducted a U.S. Citizen and threw him in prison. A man with no priors and didn't even smoke weed. This was over one joint and after a trial I won based on a fact of Law. They broke the Law, ignored the Constitution and threw me into prison.
After I was originally charged in 1991 I found a woman who gave me a son. She had two beautiful babies I loved as my own but that happiness was short lived. They took my freedom, my children, the mother of my children and all that I loved. The issue is so serious no lawyer will take the case so for 20 years I have fought and stood alone. I ask for the help of my peers to stand with me. The same peers who were never allowed to determine my innocence in a court of Law like our Constitution demands.
Stand with me and the thousands of men and women who died defending a Constitution they tore to shreds. Demand Arizona acknowledge the Constitution.
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Daniel Butierez needs your help with “Arizona's politicians. : Acquittal Entered and Felony Removed”. Join Daniel and 308 supporters today.