If you could save a honorable man from going to federal prison, would you?

topic posted Fri, December 19, 2008 - 8:45 AM by  Dismalqueen ...
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If you could save a honorable man from going to federal prison, would you?

You can help save an law-biding citizen from going to federal prison by simply writing a letter to his judge and asking for leniency in sentencing which is scheduled to happen January 12, 2009.

That honorable man is Charles C. Lynch the former operator of the medical marijuana dispensary called Central Coast Compassionate Caregivers in Morro Bay, Ca. By some estimates Charlie faces up 100 years in federal prison due to sentencing guidelines. However, anytime behind bars would be a travesty of justice in this situation. I've dedicated my personal time to help save him. I'm looking for media support, letters of support and any support you can offer, please read below:

Charles did everything he could to follow the laws governing medical marijuana dispensaries in California. He called the DEA months before opening his location to inquire about the laws. He was told by a DEA agent that "it's up to the cities and counties to decide how to handle that [medical marijuana dispensary] matter".

So Charlie worked closely with the city of Morro Bay and the county of San Luis Obispo to obtain a business license which clearly stated "medical marijuana dispensary" and a nursery permit to sell cloned medical marijuana plants. He followed all his business license requirements, city regulations, county restrictions and state laws.

However, the local San Luis Obispo County Sheriff doesn't like medical marijuana and apparently doesn't like following California law. And after 11 months of investigating Charles, his employees, his patients, and his dispensary and NOT finding anything to justify a state-issued search warrant, the local Sheriff called the DEA.

Together both law enforcement agencies forced their way into Charlie's house and place of business with para-military style actions, uniforms and weapons. At his home they forced Charlie to the ground naked. At his dispensary, they terrorized his patients and employees taking everything relevant.

Charlie was allowed to re-open his dispensary by local authorities but the DEA eventually sent a letter threatening to take all of the landlord's property away if he didn't evict the medical marijuana dispensary from the building.

CCCC was the only medical marijuana dispensary in San Luis Obispo County. Charlie was out of work and more than 2,000 patients with doctor's recommendation to use medical marijuana lost their safe access to medicine that helps their chronic conditions and terminal illnesses.

Eventually the DEA and local sheriff's department came back to arrested the Charlie at his home and violated his rights by covertly taping the incident and not allowing him to speak with his lawyer. This evidence was eventually not allowed into the case due to the illegal conduct of the DEA.

Charlie's family had to post $400,000 bail with their own property and money to get Charlie out of jail but he was still restricted to house arrest with an ankle bracelet. Drew Carey & ReasonTV did a video about this situation and have followed the story. Check out www.reason.tv for more.

If Charlie's bail amount seems excessive, that's because it is. Especially in comparison to the $5,000 bail set for a San Luis Obispo sheriff's deputy who is accused of child pornography and who only faces up 10 year in prison. (yes, the same department that investigated, raided, arrested, and eventually testified against Charlie)

The disparity in these two bails and sentencing shows the grave injustice of mandatory minimums, sentencing guidelines, bail amounts and the federal government's civil war on drugs as opposed to protecting our children from REAL predators.

The prosecution painted Charlie like a major drug cartel leader to the jury. They said Charlie made over $2 million but what they don't say is that he gave away roughly $100,000 in cannabis to his neediest patients, nor did they mention the expenses for running the dispensary, paying the employees and taxes far exceeded that amount and the dispensary was in debt at the time of its closure and remains in debt to this day.

The prosecution also tried to make it seem like Charlie was endangering children in his community by charging him with sales to minors. What they didn't say is that Charlie ONLY sold to adults over 18 years old or to the parents or guardians of patients under 18 years old. Or that the Federal Government considers any ADULT under the age of 21 years old a minor in drug cases.

The only evidence of wrongdoing presented in the trial was that of a CCCC's security guard and the only evidence presented connecting Charlie to that wrongdoing was that said security guard was employed at CCCC and the name of the strain (variety) sold to an undercover officer miles away from the dispensary location in a parking lot of a Big5 store. That strain name: Diesel.

Diesel was a name of a strain that CCCC had and it was also the name of a strain sold by the security guard to the undercover cop. However, upon inspection, the two strains were drastically different. And we all know how common the strain name Diesel is. I have some sitting next to me as I type this and I know I did NOT get it from CCCC or Charlie for that matter.

On August 5, 2008 Charles C. Lynch was found guilty of 5 cannabis-only felonies and faces 5-100 years in federal prison despite the Mayor and City Attorney testifying on his behalf as a law-abiding citizen.

He wasn't allowed to use the medical benefits of marijuana, state law, or all the facts as evidence in the case because of strict federal precedents. The jury only heard part of the story and was issued over 13 pages of more than forty individual jury instructions explaining to them how to deliberate in this case.

Within hours the jury found him guilty of conspiracy to distribute marijuana, two counts of sales to adults under the age of 21 years old, maintaining a drug premises, possession with the intent to distribute.

I also want to clear up one rumor. There is a DIFFERENT man named Charles LEON Lynch who is registered as a sex offender that is NOT Charles CORNELIUS Lynch who is facing federal marijuana charges for operating a medical marijuana dispensary in California.

So that brings me back to the subject title of this email: If you could save a honorable man from going to federal prison, would you?

If you answered yes, this is where you can help make a difference. By law, judges have to read every single correspondence related to sentencing that they receive for each case. So your letter will be read and will play an important role in securing Charlie's freedom.

His lawyers have asked for thousands of letters to come in on his behalf. In a recent federal medical marijuana case (Mickey Martin's), the judge stated that public support both in written form and court supporters helped her give Mickey a compassionate sentence (no time behind bars).

We're hoping that public support can save Charlie from going to prison. Charlie's probation officers has recommended 5 years behind bars to "teach others a lesson" and because that's what others have received in marijuana cases. And I say, 5 years is 5 years too many. This man doesn't deserve to be behind bars for helping patients (like me), he deserves to be honored.

And we all know long prison sentences do not deter others from committing crimes and that sentencing should be based off individual cases not off of what everyone else is getting sentenced to for cases with similar charges.

The personalized letter that you write doesn't have to be long. I've written 5 letters myself, all just one page long with supporting documents attached. It only took me about 20 minutes to an hour to write each letter.

The topic of the letters can be focused on educating the judge about drug policy errors, mandatory minimums, sentencing guidelines, prison life, the benefits of cannabis, the social harm of wasted tax payers' funds, etc. all with a plea for true justice & leniency. Form letters aren't as powerful as personal letters.

Supporters who wish to write a letter of support regarding sentencing should use the Letter salutation "Dear Judge Wu" and then send the letter to:

Reuven Cohen
Federal Public Defender
321 East 2nd Street
Los Angeles, CA 90012-4702

For a sample letter and guidelines go to Charlie's website: www.friendsofccl.com. All letters should have a professional tone. If you have a hard time figuring out what to say, just pretend that Charlie is one of your loved ones. What would you say to save his life and keep him from going to federal prison.



We often get overwhelmed trying to create positive change because there is so much to do. Writing a letter to Charlie's judge will help make a difference. Here are some other ways you can help make a difference in this situation:

1. Throw a Letter-writing party. Get your friends, classmates, and others together to help each other write letters. Provide snacks and make it a fun yet productive get-together. Join forces with local chapters of drug policy groups. Proof read each others' letters.

2. Send Charlie an email. Let him know that you support him and the other casualties of the Federal Government's war against medical marijuana.

3. Donate money. Charlie has been unable to find full time work since the DEA and Local Sheriffs department violently raided his home and business. Charlie is facing bankruptcy and foreclosure of his home. Every little bit will help.

4. Offer Charlie a job. He's a software engineer by trade and lives in San Luis Obispo county. Send an email to Charlie if you would like to receive a copy of his resume for consideration.

5. Share this email with your friends. "Share" it on facebook. Blog it. Post it on myspace. Help get the word out. Very few people know about this case and the more that know, the more that can help. No one can do it all by themselves.

6. Contact the media to tell them about this story and let them know how you feel. A number of sources have taken on the Lynch Saga, namely Reason.tv has done a short documentary on the case and followed the trial with daily updates. Rick Ray Films is currently working on a full blown documentary regarding States Rights and Medical Marijuana. CNN ran a news story on the trial of Charles C. Lynch. Also numerous other News Agencies have run stories on USA vs Lynch. Al Roker has also been in contact with Lynch and wants to do a hour long documentary.

7. Contact your congress people. E-mail, phone, write, and visit your Senators and your House of Representatives' offices.

If you don't know who your House of Representatives Congressional member is go to www.house.gov and put your zip code +4 in the upper left-hand corner. If you don't know who your Senators are go to www.senate.gov. You can even visit your congress member's offices fairly close to your own home because they have satellite offices throughout their districts.

Contacting Congress is vital because laws change in Congress and the only reason why the DEA and federal prosecutors are allowed to do what they're doing is because of a federal law; that law needs to be changed.

8. Pray for Charlie's freedom and for Judge Wu to use divine justice. Also pray for other patients and providers that are being prosecuted and thrown in prison by our Federal Government.

9. Spread the word about Charles Lynch. Talk to family, friends, associates, co-workers, classmates, schoolmates, roommates, lovers, anyone who will listen, etc. Ask them what they think about the situation. If they don't know that much, inform them.

Forward this email to everyone on your email list. Repost this on facebook, myspace, craigslist, live journal, blogspot, and any other website or forum you frequent.

10. Learn more about Charlie's case by doing a google search or visiting his website www.friendsofccl.com. Add Charlie as a FB friend. Add Cheryl as a FB friend. Join the Free Charles Lynch FB group.

11. Join organizations like Americans for Safe Access, Marijuana Policy Project, NORML, Drug Policy Alliance, Students for Sensible Drug Policy, CANorml, ect. These organizations are making changes in legislation so people like Charles C. Lynch do not have to suffer at the hands of the Federal Government.
12. Let Barrack Obama's transition team know your vision of the future for Charlie's case, medical marijuana, and drug policies in America.
posted by:
Dismalqueen is back
Los Angeles
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  • THANKS for posting this important info on helping someone who helped others !
    • You're welcome. Thank you for all your support.
      • Writing Letters to the Judge Tips

        To: Friends, family and concerned citizens of Charles C. Lynch:

        Re: Letters to the Judge in connection with Insert 2's sentencing

        As you know, Charles C. Lynch will be facing sentencing before United Federal District Judge George H. Wu in connection with his guilty verdict of 5 cannabis-only felonies. The sentencing is currently scheduled for January 12, 2009 (could change). Please consider writing a supportive letter about Charlie to the Judge in an effort to help him receive the lightest possible sentence.

        The purpose of this memorandum is to advise you of the proper manner of doing this in terms of when and where to send the letters, proper manner of addressing the Judge, and some do's and don't's about content.

        Prior to sentencing, you, your friends and relatives may write letters of support to the judge which the judge will consider in imposing sentencing. The judge is required to read all letters regarding sentencing.

        Strong letters of support can influence a judge to sentence a defendant at the low end of the guideline range.

        Supporters who wish to write a letter of support regarding sentencing should use the Letter salutation "Dear Judge Wu" and then send the letter to:

        Reuven Cohen
        Federal Public Defender
        321 East 2nd Street
        Los Angeles, CA 90012-4702

        The proper manner of addressing the Judge is "Your Honor" or "Judge Wu." The letter should refer to Charles C. Lynch by name either between the address and the salutation or in the first sentence. The letter should also contain your return address and the date. Generally, the letter should be between one and three pages long.

        As to content of the letter, we want to be able to show the Judge the many positive aspects of Charlie's character and background. Attached to this Memorandum is a brief outline that you can use to help you with your letter. Of course, it is important that you write your own letter in your own words. You should identify in the letter how you know Charlie and for how long. It might be good to include, from personal experience, a specific and heartwarming example of Charlie's generous, kind, and/or loving character. A more general letter about a lengthy and positive relationship in which Charlie has been a trustworthy and caring friend or family member is also helpful.

        And if you're a concerned citizen who has not yet met Charlie, write about how you found about his story and what motivated you to contact the judge.

        In contrast, it would not be useful to express resentment as to his treatment by the government or the Judge; there is always a risk that such sentiments will be attributed to him and be held against him.

        Very important: Please make sure that you DO NOT MAIL YOUR LETTER DIRECTLY TO THE JUDGE -- MAIL IT TO THE ABOVE OFFICE (at the address on this letter). This is critical because, although you of course will include in your letter only what you consider to be information that will be helpful to Charlie at sentencing, there is always a possibility that someone may unintentionally include something that could actually be harmful. Before his Federal Public Defenders send a letter to the Judge, they need to check it in light of their experience so that they are confident that they submit only potentially helpful material. In addition, they will want to submit all the letters to the Judge at one time in an organized way. They cannot do this if the letters don't all go through them.

        It is also very important that they receive your letters no later than two weeks prior to sentencing so that they can review them, suggest changes if necessary, receive any revised letters, and organize them all as part of a cohesive sentencing package for Charlie that they can submit to the Judge in advance of the sentencing date.

        Thank you all in advance for your help and support to Charlie in this important time.

        Here are some tips:
        I. Relationship:

        a. In what capacity do you know Charles C. Lynch? (i.e. relative, friend, concerned citizen)
        b. How long have you known him?
        c. Feelings for Charlie (Important to show love, friendship, respect)

        II. General statement of support:

        a. Do you understand the trouble Charlie is in?
        b. Have you talked with him about his trouble?
        c. Are you able to help him in any way? (Place to live, job, other support)

        III. Statement on character:

        a. What good things can you say about Charlie.
        b. Mention character traits (honesty, courage, love, etc. and examples)
        c. Offer any personal experiences or insights that may help the Judge understand Charlie’s true character.

        IV. Statements from people who do not personally know Charlie:

        a. If you understand that sending a non-violent person to jail for a victimless crime is a waste of tax payer’s money and does more harm than the crime he is charged with. Explain, from your heart, this info.
        b. If you have any experience with prison and/or can convey to the judge why prison is a bad idea, please do.
        c. Speak from your heart about what this prosecution means to you. How do you feel about putting a man like Charles C. Lynch in jail.

        V. Conclusion:

        a. Express to the judge in your own words how Charlie knows what has happened and wants to go forward with his life.
        b. Because probation is a possibility in this case, it is important to tell the Judge that you do not think society would benefit from sending Charlie to jail and that a prison sentence would be detrimental to all concerned. It is important to explain why you think this. Urge him to consider alternative sentencing options. Challenge him to serve justice at large and not the narrow scope of justice with the unjust federal drug laws mandate.
        c. Avoid aggressive, negative, rude tones and remember, it’s not always what you say but how you say it.

        DO NOT copy word-for-word another letter. That does not help. Personalized letters carry more weight.

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