This story was reported for the San Diego News Network on April 8, 2010. This story received 147 Y! Buzz Up votes.
A former defendant in a medical marijuana trial claims the office of District Attorney Bonnie Dumanis is wrongfully holding his belongings despite his trial having ended with an acquittal.
Eugene Davidovich, who made waves in the local medical marijuana community when his home was raided and four charges were brought against him, claims the DA’s office’s refusal to return his possessions are political.
“I don’t know why I can’t get my property back,” he said. “I don’t understand but it seems to be politically-driven.”
Davidovich — one of 37 people charged with criminal offenses and netted during San Diego Police Department’s Operation Endless Summer in 2008 –- was found not guilty on March 25 by all 12 jurors on his case. Though he was acquitted, Davidovich said his belongings that were seized under the authority of a search warrant, and have not been returned despite attempts.
He said his attorney, Michael McCabe, who is best known for his victory in People v. Konow, contacted deputy district attorney Teresa Pham at least five times to obtain Davidovich’s belongings to no avail. Finally, on Wednesday, McCabe sent a letter to Pham with the formal request.
In the letter, McCabe writes, “since Mr. Davidovich was acquitted of all charges by the jury’s verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items. Thus, under the express power conferred upon the Court by Penal Code 1536, these items must be returned to Mr. Davidovich.”
The letter goes on to state that the DA is also required under law to return, “34.1 grams of marijuana contained within 11 separate plastic bags, as well as 14.59 grams of concentrated cannabis (hashish) contained within three plastic bags.” According to Davidovich, the DA is also holding on to his backpack, passport, scale and papers, among other non-drug items.
McCabe said he if the DA does not return Davidovich’s belongings, he will “file a formal motion with the Court” and will seek reimbursement for any fees associated with filing the motion.
Related Links: Medical marijuana patient Eugene Davidovich acquitted | More medical marijuana stories | Politics
But Pham said a motion must be filed in order for the items to be returned. Further, the San Diego Police Department has the full authority.
Deputy district attorney Pham said because the property was seized pursuant to a search warrant, Davidovich or McCabe must file a motion in order to retrieve his belongings.
“It was seized under a search warrant so the court would have to make a determination in order for the property to be released,” she said.
Additionally, a spokesperson for the DA’s office said the move is not politically driven.
According to a spokesperson for the San Diego Superior Court, the police department or DA’s office “could agree that the property be returned.” If the party holding the belongings does not agree, a “motion would have to be filed.” Additionally, the DA has the right to hold the property until a motion is filed, according to the court’s public affairs office.
McCabe said he isn’t buying it though and believes the move is politically driven against the San Diego medical marijuana community. His accusation has been widespread with advocates believing Dumanis to have an agenda against the medical marijuana law.
“We are entitled to the hold of the cannabis that was wrongfully possessed at the time,” he said. “For political reasons, as usual, this is part of the entire misguided motivation of the prosecution to make it as difficult as possible for patients to have access to medical marijuana and advance some type of preferred societal goals.”
“It’s just another smoke screen from the DA.”
Davidovich also said when he called the DA’s office a staffperson accused him of being a “stoner.” The DA’s office denies this accusation.
Hoa Quach is the political editor for the San Diego News Network. Contact her via email at Hoa.Quach@SDNN.com or on Facebook and Twitter.