SAN DIEGO (10 News) — A judge ruled the identity of a deputy district attorney who has admitted to being a member of a marijuana collective must be released, 10News reported.
On Tuesday, Deputy District Attorney James Pitts confirmed his membership in the now defunct Amsterdam Alternative Care. The collective was one of several shut down after being raided last September.
San Diego resident and Navy veteran Jovan Jackson is being charged with several counts involving possession of medical marijuana and the sale of medical marijuana. If found guilty, Jackson could spend several years in prison.
San Diego defense attorney Gretchen von Helms said it’s easy to see why Jackson’s defense wants to call Pitts as a defense witness.
“If the defense attorney can say, ‘Look, my client’s just doing what your deputy DA’s are doing,’ how in the heck do you prosecute someone like this? That’s a great strategy for the defense attorney,” said von Helms. “What you want to show is that all sorts of normal people utilize medical marijuana. They do so as lawfully as they can.”
Ms. District Attorney Dumanis, even your own deputy DA agrees with Prop 215 and uses medical marijuana in accordance with the law! Will you do the sensible thing and call off your crusade against medical marijuana, or will you do the petty thing and fire your deputy district attorney? Either way it works out well for us. Obviously we’d be thrilled with ending the crusade, but even if she fires Pitts, she opens San Diego up to a lawsuit from a bitter former deputy DA.
[...] San Diego DA Dumanis’ deputy belongs to medical marijuana collective [...]
The right to privacy law trumped the Judges Order and thusly, opened up the entire county to a potential lawsuit. Our private medical affairs are protected by several laws including HIPAA.