August 30, 1996
Dear Carl,
I've changed my mind, again. Sorry.
I would like a copy of your original DEA Petition for an exemption and the
appeal stuff. The reason is that, regardless of the outcome of my case, I think my
Sacred Mushroom Church has a real chance for an exemption - since Psilocybe mushrooms are
situated much more similarly to peyote than marijuana. Besides, I have used
them as a religious sacrament for 22 years and it's about time I was able to do so
legally.
We plan to incorporate our church also.
Having your original Petition, etc., would guide me in the process I need to follow.
I think my argument has a much better chance than marijuana, as, from the Spanish
Inquisition on, peyote and mushrooms have been used and persecuted/prosecuted
together. I think the religious use history, medical safety (Psilocybin is THE
SAFEST HALLUCINOGEN, 10 TIMES SAFER THAN MESCALINE; AND MUCH LESS TOXIC, EVEN, THAN THC),
and "pervasiveness" of actual use in the U.S. is so close to that of
peyote that we'd really be in good shape under the RFRA of 1993.
So, if it isn't too much of a problem, I would
like the copies you said you'd make.
This doesn't cancel the other items my last
letter raised on the FIJA stuff. If a new trial is necessary, I will want to raise,
not only the religious freedom issue, but want the jury to be "fully informed."
I have Jonathan Ott (PHARMACOTHEON, AGE
OF ENTHEOGENS, HALLUCINOGENIC PLANTS OF NORTH AMERICA, and other books) lined
up to come from Mexico as on Expert Witness. Also, Dr. John Beresford, retired
Psychiatrist who did psilocybin experiments in the '60s, and now heads The Committee on
Unjust Sentencing and The Albert Hoffmann Museum will be an Expert Witness. I'm
hoping for others, perhaps even Dr. Hoffmann, although his age, 93, might preclude his
being able to come. (He's close to both Dr. Beresford & Jonathan Ott)
I'm proceeding as if the new trial will be
necessary. Better to be prepared. And I am getting ready to do a first class
trial - and represent myself. The motions are done, with supporting briefs, and I'm
studying on trial presentation, objections, cross examinations, etc. I'm preparing a
trial notebook a'la F. Lee Bailey. And with the cops & prosecutors destroying
all 4,860 Mason jars of cultures, (knowing & ADMITTING I said I was growing
many types of mushrooms), 2 weeks after I got in their jail, but before I could ask for
preservation and independent testing - then lying on the stand about a "court
order" to destroy the jars when it was the prosecutor who told the cops to destroy
them - well, Mark Furman will look like a saint when I get through with the Quad City MEG
officers who lied and the prosecutor who let them!
No Iowa choo-choo train trial this time, my
friend. Oh, I'd take a stand-by counsel to help - but I am going pro se. Jury
voir dire will be extensive this time. Discovery motions, jury questionnaire motion
& 75 sample questionnaire, etc., etc., are all typed and ready to go.
They probably will decide not to even retry me
at first glance of all the motions. And each one is proper - not
"frivolous" or like most "jail-house" lawyers do. But then I am
a trained paralegal. I should have represented myself the first time - but, in
county jail, there was no way to prepare. Here in Anamosa ... I've got afternoons
and all day Thursdays and Fridays and have been using the time in the law library and on
the typewriters. It has been my only activity. Then, in my cell, I study for
trial presentation - the one area of law I wasn't trained in at paralegal school.
Lists of questions for "cross," for me "Experts," exhibits, order of
proof, etc., will all be in the trial notebook - ready to go. And, I've got the
luxury of the first trial's transcripts to prepare with. All they have to present
I've got time to prepare to counter.
Well, I rattled on for more than you probably
wanted to read. Thanks for all the help. Let me know about the FIJA stuff when
you send the "EXEMPTION" stuff. I can't tell you how big a help you've
been. Hope we get to meet someday - I'm sure we will ....
Namaste,
Skip