Roderick T. Harvey
Saline Co. Detention Ctr.
Harrisburg, IL 62946
Jan. 21, '96
Dear Mr. Olsen,
Thank you again for your concern, guidance, and for always
answering my letters so promptly. I appreciate the fall News
Letter (is there a new one?), and all the other pertinent
literature you have sent me; it is very informative, interesting
and enlightening. I am heeding your advice and trying to focus
my mind away from suicide by becoming actively involved in the
reform movement.
After you posted my letter on the Internet last November, I
received three letters right away and was very excited about it.
Unfortunately, that was the end of it, except for one very
faithful correspondent from San Mateo, CA, a Dr. Tom J.
O'Connell. And, of course, one very negative letter from David
R. McSporen of Columbia, MO, -- just to keep things balanced. I
shouldn't complain, but damn, after almost six months of
diligently trying, I have not been able to establish any kind of
social correspondence network whatsoever. I am "starving" for
some personal, semi-intellectual, like-minded correspondence, and
this kind of "hunger strike" I do not wish to be on. I believe a
lot of my despondency is born of a profound loneliness.
Excuse me, Carl, I digressed. The reason I am writing to
you concerns my jury trial which is scheduled very soon, Feb. 5,
a week from this Monday, in Benton, IL, near Southern Illinois
Univ. in Carbondale. I have a favor to ask, but time is so short
I don't know whether it is even within the realm of possibility.
You are probably quite aware of the reputation of Public
Defenders (Pretenders), so I'll refrain from belittling mine any
further. However, it is do disconcerting to know that my case is
very defensible, but only if I could afford a good attorney who
would excert some genuine effort, and then, no doubt, I could be
acquitted. My P.D. initially excited me with a lot of talk of
intentions of things he would do to prepare a competent defense.
Unfortunately, he hasn't followed through at all. During his
most recent visit I was informing him of the falsehoods being
presented by the DEA regarding the quantity, quality, and value
of said 148 marijuana (their spelling) plants. I, sadly, am not
going to be able to testify because of those pending charges in
Kentucky, but he said that if I could find a knowledgeable person
to act as an expert witness, he has the capability to pay
expenses for that person to come testify at my trial, including
being flown in from out of state.
You are the first person I thought of with the connections,
and I'm hoping you will put me in touch with someone. (By the
way, I have never had any response from the Fam. Council on D.A.,
do you suppose there could be a willing expert witness amongst
their group?)
I'll give you a condensed version of the situation and the
false claims to be refuted.
Facts:
148 plants, immature, the male (hemp) just beginning to
flower. 50% or more will be male, discarded, no value. The
remaining at this point have very minute THC%, very low potency
level, even mature leaves have virtually no street value.
I had been hospitalized for 7 weeks after a truck ran into
me on my 10 speed bike. I checked myself out and went to the
woods on crutches, and was apprehended within hours, but was
never observed around any plots of marijuana. The prosecution is
suggesting I was going to harvest then, sell it for millions, or
hundreds of thousands of dollars, and leave the country.
Actually, there was 2 - 3 pounds of green leaf, worth maybe $50
to $100 on the street, but nobody really wants it.
The DEA is trying to make this look like a big, high-profile
drug manufacturing operation, because they invested so much time
in surveillance (6 weeks), so much manpower and equipment (23
field agents, 2 planes, cameras, radios, vehicles, overtime
payrolls, etc.), and all they wound up with was one crippled
camper and enough marijuana for the personal use of a small
family, or a couple of average smoking adults.
In the indictment, I'm charged with 148 sinsemilla plants, -
- that is really stretching the truth. The feds now calculate
100 grams per plant, which makes this 33 lbs. An experienced
gardner, botonist, anyone knowledgeable (our expert witness) can
show how preposterous that is to the jury. After the males are
culled, the 74 (half) remaining plants out in the forest are
attacked by insects, animals and diseases, lack of water and
insufficient sun, and bing inundated with a myriad of wild
plants, vines and weeds leave only 30 - 40 harvestable plants.
The federal gov't. supplies for medicinal purposes 10
cigarettes a day, that's a quarter ounce (7 grams). 50 pot
plants (100 g. per plant) supplies a half ounce a day, for one
seasonal year; enough medical doses for two people. Evidently
this marijuana was being grown for personal use; not enough to
sell, much less a big drug operation.
We'll ask the judge to allow the jury to find me guilty on
lesser charges. If he'll do this, I believe justice will
prevail.
Carl, I apologize for running this out so long, I meant to
be much more concise and clear.
And now it's about five o'clock in the morning and I'm
trying to finish this before the mail goes out in about an hour.
My attorney suggested a reputable person without any felony
convictions, of course. Otherwise, I really don't know what kind
of qualifications an expert witness should have, except whatever
would impress the jury and not easily be discredited by the
prosecution. (Professor?)
I can be contacted via this message number (S.C.D.C. 618-
252-8661 - jail) at the jail, altho' I would have to return the
call collect. My P.D.'s name and address:
Phillip J. Kavanaugh
750 Missouri Ave., Rm. 110
East St. Louis, IL 62202
Ph.# 618-482-9050
I would have asked you sooner if I'd have known. I sure
would appreciate any assistance you can give. I do believe it
will make a significant difference in the verdict and the
sentencing range. There is a possibility that my court date will
be set back anywhere from one day to several weeks, that is a
very common occurance around here. So any recommendations or
suggestions are welcome, and I also have more input disproving
false gov't. claims. Thank you.
Sincerely,
Roderick