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Published 2008-06-25 16:20:00
 


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Judge Orders McCormick Released;
Held Illegally Without Hearing After Government Said He Failed Urine Test.
Now Federal Prosecutor Says, " He Was Not Aware Of The Test Results."

LOS ANGELES, April 14

U.S. District Judge George King ordered officials to release Todd McCormick from custody this afternoon. The decision came a day after a public protest by almost 200 friends and supporters, who rallied demanding that the federal government free the medical marijuana activist, who had been held illegally for almost two weeks.

On April 2, twelve heavily armed federal marshals went to seize McCormick at his home after the government claimed that he had failed a random "drug" test.
See

Arrest Warrant For Todd McCormick For Failing Urine Test Only Two Weeks After Order To Stop Using Legal Marinol!
McCormick, 27, had been ordered by the courts to stop taking legally prescribed Marinol only two weeks previously. McCormick was not at home at the time, but turned himself in the following morning.

The government was not ready at the hearing that afternoon, but in stead of releasing him, the magistrate ordered him held until a hearing on April 22.
See
Cancer  Patient Todd McCormick Jailed for 3 Weeks; Because Federal Prosecutor was "Not Ready for the Hearing"

McCormick's lawyers announced that expert analysis of a test taken two days before he was jailed showed no traces of marijuana. Assistant U.S. Attorney Fernando Aenlle-Rocha now says he was not aware of the test results, but said he had no reason to believe McCormick' camp is lying.

At yesterday’s rally near the federal courthouse in downtown Los Angeles, demanding McCormick’s release, Dennis Peron, said, "This is an outrage! They have put a sick man in jail for doing what he is entitled to under California law. Everything the federal government is doing right now is going to backfire on them."

Ann McCormick, Todd's mother, flew in from Rhode Island to attend the rally. She said she feels "betrayed" by her government.

"I'm here and I'm not going to leave until my son is home with his Marinol," she said. McCormick’s mother said she first gave her son marijuana as a child, during one of his many bouts with cancer. She said it helped him battle the disease and caused him to grow up to be a medical marijuana activist.

U.S. District Judge George H. King warned McCormick he could be arrested again, if found to be using marijuana. He is scheduled to stand trial later this year. King ordered McCormick back to court April 22 for a hearing.

``He's not a marijuana addict; he's a cancer patient,'' said his attorney, Eric Shevin.

(Ed note: I spoke with Todd this afternoon. He is in remarkably good spirits, considering his recent ordeal. I asked him if he had any comment. He said, "Yeah. Jail sucks!"   That's the old Todd!)

 
 

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