Please Write a Letter to Keep Peter McWilliams Alive
and
Out of Prison
We reprint the following
plea from author and friend of the movement Peter McWilliams, and ask your
support for him. You may recall a recent column by William F. Buckley
about McWilliams that we posted as a "ReconsiDer Tidbit". You can subscribe to
McWilliams' e-mail distribution list by visiting http://www.mcwilliams.com and clicking on
"Add Your Name to My E-mail List."
2-2-2000
Please help keep me out of federal
prison by writing a
letter to the
judge.
My name is Peter McWilliams. I am a
cancer survivor
living with AIDS. I was arrested in
July 1998 on
federal medical marijuana charges, even
though I
live in California, a state that approved
medical
marijuana use in 1996.
In November 1999, the federal prosecutors
success fully
obtained an order prohibiting me from
mentioning to the
jury that I have AIDS, that
marijuana is medicine, that
the federal government
supplies eight patients with
medical marijuana each
month, or that California has a law
permitting the
very act that I was accused of
violating.
As I never denied my medical marijuana
cultivation,
that left me with no defense
whatsoever. To avoid
an almost certain guilty
verdict and a ten-year
mandatory-minimum sentence, I pled
guilty to a
lesser charge. (The whole story is
at
<http://www.petertrial.com>.) My
sentencing for
this charge will be on March 27,
2000. The
deadline for turning in letters of support
is
February 20, 2000.
Would you
please take the time to send a letter, or
a fax, or even
an e-mail, to the judge on my
behalf? It would make
all the difference in my
world.
The letter need not be long or eloquent. One
sentence is sufficient.
The judge can sentence me to 0
to 5 years. The
federal sentencing guidelines place
my recommended
(but not mandatory) sentence in the 5-year
range.
It is probably unavoidable that I get a
sentenced
to some time -- perhaps the full five
years.
What I am asking the judge -- and what I am
asking
you to ask the judge -- is that I be able to
serve
my sentence under "home detention," also known
as
"electronic monitoring." (An
electronic
transmitter would b permanently fastened
to my
ankle and my whereabouts would be monitored
24
hours a day. I would not be able to leave my
home
except for medical or court appointments. As
I
live in Los Angeles, this will allow me to
write
my books, including Galileo
LA.)
In writing the Judge King, please observe
these
commonsense guidelines:
1. Please be respectful. The judge owes me,
or
you, nothing. You are
asking for a favor.
When Judge
King was asked to allow me to use
medical marijuana while out on bail, he said
to
the attorneys on both sides, in
a voice
trembling with compassion,
"I am struggling
mightily with
this. Please, struggle with
me."
Alas, there was nothing in
federal law that
permitted him to
allow me to break federal law,
even to save my life, but I believed
the
sincerity of his
struggle. Personally, I
don't
want judges rewriting law as
they see fit.
Judge King is a good
judge upholding a bad law.
My
sentence, however, is at his discretion.
I
believe he will be fair, that he
will read
the letter you send, and
he will be moved by
your heartfelt
request. I believe we owe
courtesy to the King.
2. Please focus on my
health
(http://www.petertrial.com/undetectable.htm)
and my contributions to society (through
my
books -- http://www.mcwilliams.com/books)
as
reasons why I should receive
home detention or
electronic
monitoring (the term can be used
interchangeably). The legal arguments will
be
made by my
attorney.
3. If you know me, please say so, and
state any
positive character
traits you may have noticed
wafting by from time to time. (This letter
is
not written under oath, so you
will not be
arrested for
perjury.)
4. If you have read any of my books,
please say
so. If they
helped you, please say how.
(Exception: Please do not mention
"Ain't
Nobody's Business If You
Do." See 5.)
5. Please do not give your
opinion of the War on
Drugs
(unless you're in favor of it), how
the
government treated me in this
case (unless you
approve), your
views on medical marijuana
(unless
you're against it), or anything
else
critical of the status
quo. Save those
remarks,
however well-reasoned and
accurate,
for
letters-to-the-editor. Such comments
may
be counterproductive in a
letter to a federal
judge.
6. If you can, please keep the letter to
one
page, and no longer than
two.
Actual letters (those things made popular in
the
last millennium, printed on paper, put
into
envelopes, and sent through the Post Office)
are
best. Typed is better, but handwritten is
fine.
Please use the most impressive letterhead
to
which you have legitimate access. (Your
business
stationery is better than your
personal
stationery, for example.) If you don't
have
stationery, you can create a letterhead on
any
word processor in about two
minutes.
Please address the letters to "The
Honorable
George H. King" and begin the letter "Dear
Judge
King,". Please mail the letters TO ME
at:
Peter McWilliams, 8165 Mannix Drive, Los
Angeles,
CA 90046.
If you know
you're probably not going to get
around to writing a
letter (and I know just how
you feel -- I don't know where
to find an
envelope any more, much less a stamp --
please
send a fax (signed, on letterhead, if
possible,
but if not, that's fine) to (323)
650-1541.
If you think you might not get around to
sending
a fax, please send an e-mail. Please write
at
the bottom of the e-mail "You have my
permission
to reformat this letter, print it, and sign
my
name at the bottom." Your name will be
signed
for you, next to which will be the initials
of
the person signing it. Please include
your
complete mailing address. The e-mail address
is
peter@mcwilliams.com.
Finally, please circulate this request as widely
as you
can -- post it on bulletin boards, send it
to receptive
people on your e-mail list, send it
out in newsletters,
put it on your web page.
Kindly use your creativity, but,
please, no
spamming.
If you
cannot post the entire message of this
missive, the online
address of this request is
<http://www.petertrial.com/letters.htm>.
Thank you from the bottom of my weary but very
grateful
heart.
Peter McWilliams
peter@mcwilliams.com