8/1: Fry/Schafer Trial

WHATEVER HAPPENED TO "TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE
TRUTH?"

Fry/Schafer Awaiting Trial
July 23rd, 2007
by Bobby Eisenberg-Fry/Schafer Defense Committee

After almost six years of persecution, Dr. Mollie Fry and her husband,
Attorney Dale Schafer will soon have their day in court. A trial date
of August 1st, 2007 has been set and the trial will take place at the
Federal Courthouse, 501 I St., Sacramento, CA.
Supporters are welcome and encouraged to come.
Dr. Fry was diagnosed with breast cancer and ended up surviving a
double mastectomy over eleven years ago. After unsuccessfully dealing with
the side effects of chemotherapy and radiation, Dr. Fry turned to
medical cannabis. Her success with cannabis compelled her to provide others
with the same opportunity. She and her husband set up a consultation
and recommendation practice in Cool, CA. dealing with the laws
surrounding cannabis and it's medicinal use.
On September 28th, 2001, the DEA raided their home and their office,
seizing all of the attorney-client and doctor-patient confidential files
and the witch hunt began. The couple feels that the El Dorado County
Sheriff's department played a major role in entrapping them as they
worked side by side with the Feds for several years, all the while
encouraging the couple to continue their work. The federal government failed
to get an indictment against Fry and Schafer until two weeks after the
Supreme Court ruled against Angel Raich in June of 2005. On June 22nd,
2005, they were indicted for conspiracy to manufacture and distribute
100+ plants with known and unknown persons back in 1999 through 2001.
As part of the terms for release, Dr. Fry was ordered "to remain
gainfully employed" and continue her practice.
The basis for the government's entire case rests, for the most part, on
the testimony of a felon convicted of drug dealing who has been
offered leniency in his own sentencing.
This informant has alleged that Fry and Schafer were growing hundreds
of plants in their backyard yet only 32 plants were found, legal under
Prop 215. Additionally, the convicted felon claims that the couple was
dealing in thousands of clones (rooted cuttings), yet none were found .
The fact of the matter is that local law enforcement was apprised
regularly throughout the development of Dr. Fry's clinic by Attorney Dale
Schafer in an effort to maintain compliance with the law. The couple also
sought and received approval from the Attorney General's Office in
Sacramento.
The Federal magistrate, with no medical training and no constitutional
authority to prescribe medicine, has denied Fry and Schafer the right
to use medical cannabis which has been recommended by their physicians.
Fry and Schafer have been randomly drug tested since June, 2005,
despite the Ninth Circuit Court of Appeals ruling that it is
unconstitutional
to randomly drug test a person who has not been convicted of a crime (
we are supposed to be innocent until proven guilty). Fry and Schafer
have been forced to replace the cannabis, a harmless herb
with tremendous medicinal value, with no less than a half dozen deadly
and highly addictive FDA
approved and Physician prescribed drugs.
Drugs like Methadone, Norco, Oxycontiin, Valium, Dilaudid, Prozac,
Clonapin,
Flexiril, Ativan, Compazine and Dexadrine.
Furthermore, the courts are denying Fry and Schafer the right to use
Marinol,
which is legal in all 50 states for everyone in the country except
these two
people who have not yet been convicted of a crime.
The Federal Government has stated that these two people are major west
coast
drug dealers. The government did not find an appreciable amount of
marijuana nor
did they find any cash, two things generally assumed to be in the
possession of
drug dealers.
The undercover tapes also reveal that Dr. Fry was hoping to have clones
to offer
her patients for $5.00 a piece in the future. These sales actually
never
occurred. Nor did the government undercover agents ever succeed in
buying marijuana at the clinic
even though they tried repeatedly, over and over and are still trying
to this day, without success.
One has to wonder why the government failed to secure an indictment
against these
"dangerous" criminals for almost 5 years if the case against them
is so strong?
And why would the government allow Dr. Fry to continue operating her
Medical
Cannabis Consultation and Recommendation Service if she was posing some
sort of
imminent threat to the community?
In the most recent hearing that occurred on July 13th, 2007, the Judge
and the U.S. Attorney's office have both agreed to deny the jury the
right to know that Californian's voted medical marijuana into law by
way of proposition 215 and the initiative process back in 1996. While
the Judge suggested that there is controversy surrounding the medical
efficacy of marijuana, he stated that he must follow the law. The
assistant U.S. Attorney stated with regard to medical marijuana patients
that
"they just want to get high and forget about their pain". Judge
Damrell stated that if he allowed someone to use the medical necessity
defense, he would also have to allow a robbery suspect a similar
opportunity. In other words, stealing should be allowed if it makes the
thief
feel better, even though it's against the law. This is outrageous when
one considers that stealing anything ends up damaging someone but
using marijuana doesn't harm anyone!
At one point, Attorney J. Tony Serra asked the Judge to order the
prosecutor to produce a witness list so that he could prepare a defense.
It's been six years since the DEA, with the El Dorado County Sheriff's
help, ransacked the home and office of Dr. Fry and Dale Schafer and
two years since the Feds indicted the couple and two weeks before the
trial is to begin, the Assistant U.S. Attorney declared that she really
didn't know who she was going to call to testify against them. Serra,
infuriated, described her response as appalling and arrogant.
Whatever happened to "tell the truth, the whole truth and nothing but
the truth" ?
In 2001, the Feds threatened Fry and Schafer, both, with 40 year
sentences. Now, after almost six years of persecution, the government has
offered Schafer five months and Fry, NO jail time if she stops practicing
medicine for the next five years.
The couple seeks complete vindication.
A demonstration is being organized and all patients and advocates are
invited to show up and carry signs of support. The time is 8 AM on
August 1st at the courthouse located at 501 I St., Sacramento.

Donations to the Fry/Schafer Defense Fund can be sent to;
P.O. Box 397, Cool, CA. 95614
For more info;
http://www.DocFry.com
1-866-4 Doc Fry



======================================================

Background:
http://www.DocFry.com
These are important:

Articles From The Fry / Schafer Defense Committee
http://www.docfry.com/articles.html