Attorney Vernon Peltz points out two different concerns in Ron Johnson’s case: his unfounded arrest and the seizure of money, jewelry, his medical marijuana and more the night of May 10, 2013 (which is what triggered the lawsuit he filed this month on Johnson’s behalf), and the attempt of a Pima County prosecutor to prolong the criminal proceedings, despite proof Johnson didn’t participate in the shooting or drug transaction that evening.
The felony charges against Johnson were dropped June 2014, not due to the Tucson Police Department officers’ alleged unlawful seizure of some of Johnson’s property and his arrest, but because this prosecutor, for months, sat on evidence that could have cleared Johnson earlier.
Johnson has the transcript of a police interview with a the person involved in the armed altercation TPD cops responded to that night. In the transcript, a man who hung out at the 420 house from time-to-time, told police that Johnson was asleep in his bedroom when a drug-related transaction and then shooting took place.
“Ron was showing up in court month, after month, and what happened during this time, unbeknownst to everybody, the witness made a very detailed statement with the police and two of the prosecutors detailing his involvement and what had happened, and completely exonerated Ron,” says Peltz. “The defense attorney got winds of it …’ How come you had this for so long?’ That is precisely why the judge was upset.”
Prosecutors, “no matter what they did, no matter how bad it is, they are entitled to complete immunity,” he says. If it weren’t for this rule, the prosecutor, who shall remain nameless, would have been sued for holding back key evidence, according to Peltz.
“Police officers are entitled to qualified immunity, a step down from absolute immunity,” he says, which means if there is an obvious violation against a person, there’s grounds for a lawsuit.
The man’s testimony wasn’t the only thing that pointed to Johnson’s innocence in the whole thing.
In a report dated June 7, 2013, there is a description of what went down that evening and there is no mention of Johnson participating, aside from standing in the front porch without a shirt on.
(In “Legal Theft, Part I: Owner of 420 House files a lawsuit against TPD claiming illegal forfeiture,” April 23, 2015, we said Johnson was woken by loud noises and that when he opened the door, a TPD officer handcuffed him and shoved him in the back of his patrol car. But a police report says that Johnson said he heard loud noises described as “bam, bam, bam,” and that when he left his bedroom, the front door was already open. He made it outside the house when the police arrived.)
The same report mentions that a warrant was granted via telephone by a Superior Court judge to search the cars at the scene and the 420 house.
Per civil forfeiture laws, the mere presence of those arrested—even though Johnson had absolutely no idea anything illegal occurred at the house—law enforcement was in its full right to take Johnson’s computer, his gun, money, jewelry, etc. Forfeiture statutes say that any item at the scene of an alleged crime (and without much evidence of such alleged crime even occurring) is considered “criminal” and will be seized.
Regarding the money and jewelry, according to Peltz and Johnson, TPD did not list either one in a forfeiture claim you’re supposed to file within 30 days, if you actually want/can fight to get your stuff back. However, a seizure report from May 23, 2013, says the cops took close to $600 from one of the 420 House bedrooms, and $38,400 from inside a safe, presumably the one that was drilled without Johnson’s permission. (The jewelry isn’t listed.)
A TPD spokesman said the department is unable to comment on ongoing legal complaints against them, so we may not hear from them until the lawsuit is settled.
Peltz is getting ready to serve the three TPD officers and the Department of Public Safety agent who arrested Johnson in two separate occasions.
The complaint against TPD Chief Villaseñor and the department itself is to try to ensure law enforcement gets proper training when dealing with patients in lawful possession of cannabis and marijuana paraphernalia. (Although Johnson is a cardholder, TPD officers took away his medicine, plants, and other related items.)
This week, Johnson got some of his things back. By press time, he did not confirm which ones, but he did mention law enforcement said it would keep his gun in exchange for his computer.
The Tucson Weekly will examine that and other details of the complaint against TPD in upcoming weeks.
This article appears in Apr 30 – May 6, 2015.
When the Police can no longer be trusted there are serious problems. It appears that the Tucson Police Department has started a Crusade or Jihad against Marijuana users, medical or not.
The police work for the Tucson community, the community does not work for the police. This insane fedish of having to hassle and imprison Marijuana users has become so ingrained in the police department it’s like spots on a rabid dog.
Now combine that with the police propensity to steal money, jewelry and property has the citizens of Tucson scared and frightened of them. If the Tucson police had their way they would gun down every member of the 420 club or throw them in prison. Evidently they do not care what the People of Arizona vote for. Their Marijuana fedish overwhelms them and casts them into a Earth devouring rage for which there seems to be no cure.
The Tucson Police department has become out of control and is energized by the dogma of “reefer madness” and associated fables. It seems they will steal, hassle or beat you down to “save you” from the evil weed. If you don’t get a bullet in the back or your head split open like an over ripe watermelon it’s a miracle.
One way to put an end to these police thefts would be to start a city wide proposition/initiative requiring, for example, $ 5,000 dollars be given from the police department to drug rehab for every Marijuana arrest. This would stop the police harassment, bulling and thefts right now. As the Police hate Marijuana users but love money more than life itself.
Buy their actions the Tucson Police Department has brought lack of trust, evil regard in and upon themselves.
Civil forfeiture laws are a cancer. They make a mockery of due process and should be repealed.
What the Police and Prosecutor did in this case is called, “Spoliation of Evidence”. This is where the Police or the Legal system withholds, falsifies, destroys or turns aside evidence. There should be an amendment to the Arizona State Constitution that requires any Police or Prosecutor who are guilty of Spoliation of Evidence to serve the accused sentence. You lie, hide or destroy Evedence and work the system to gain a conviction, You serve the accused sentence!
Spoliation of evidence is a perversion of Justice and shows how far the Police and Prosecutor have fallen. I guess, the mantra for the Police and Prosecutor is, “Lie, lie, lie something is bound to stick or withhold and twist facts.
One time long ago in America you could trust the Police. I’m sorry to report that this is no longer true. The theory that an Internal Review Board can keep the Police honest is just a myth. There should be a Citizens Review Board to review any questionable actions by the Police Department.
If any member of the Justice system falsifies evidence or withholds evidence that would clear a defendant the individuals who are guilty of this should serve the accused sentence. Give them a taste of their own medicine.
The police who practice their black art of deceit, lies and Spoliation of Evedence are very dangerous individuals and are in fact serious criminals.
Lets take a minute if I can ask of a reader.
Can we take a look at law enforcement & prosecution appropriations/funding. It is very clear that Marijuana use is going to be looked at differently in the future. It is the vehicle that fuels and carries the a majority of cash flow in major ways. With out a law that mandates it use in any form a huge amount of funding will be loosened up.
So to ask myself what would I do as a manager of a income generating concern I would take precautions to protect that. So goes the multi agency tasks force huge amounts of confidential gather information and property. I would think that in it’s arbitrary expenditures would be flat. The Informant base would wither up and blow away. I would guess over 50 % of police funding would go away. Less court docket faster court time mean less extensions of cases faster judicial proceeding cut in funding. this amounts to protect my income HOW?
Take arbitrary from confiscations personal relations with promises. I would romance MPP and the ADA dispensaries along with Safer AZ get rid of the medical concerns. and set us up in operations and control till 2021 by that time we will have it sewn up. really can anyone say KEMPER MARLY or BRUCE BABITT or DENNIS DeCONCINI.
Regulate Marijuana Proposal stinks of inside fuck the public Carpet Bagging marketeering. Throw the Medical needy under the bus I can grow 6 seeds
Kemper Marley this is what the people supporting the “Regulate Marijuana imitative” This was the Alcohol board as it started and who and what it became.
http://www.apfn.net/dcia/marley.html
Do we need to do this again? This is going down the same path a well worn path of change and deceit. just changed the name of the street is all.
Do you want to know where you can see a video of a Tucson Medical Marijuana dispensary, i.e.. The Green Halo raided by a government SWAT team.
Watch the video it’s on Y tube titled:
GHCC Raid – Medical Marijuana Collective SWAT raid 2012