Dusty Costa's Prison Sentence for Pot

  by George Bachich

   In 2005 Dustin Costa was arrested in California for "manufacturing marijuana" and possession with intent to sell.

  He was convicted because his federal jury was prevented by the court from hearing the fact
that his was a medical marijuana grow in full conformance with California law.

   His case was transferred to federal court because California juries had been acquitting accused
growers under identical circumstances.

   In Federal court, defendants and their attorneys are forbidden to mention medical marijuana or state laws on marijuana and jurors are instructed (falsely, see www.figa.org for documentation).

   They are told that their duty is to determine questions of fact only and not to consider whether a law is fair or being fairly applied, which, contrary to common law and U.S. Supreme Court decision, is reserved for the judge to decide.

   Under these rigged circumstances it is much easier to get a guilty verdict. When this happens and jurors find out later they have been deceived, they often try to retract their guilty vote, to no avail.

   Even when jurors are tricked and deceived by the court, their verdict stands.

   Dusty was railroaded through this rigged system and sentenced to eight years for the same behavior for which other high profile candidates were either acquitted (e.g. Steve Kubby), or received a much lighter sentence (e.g. Ed Rosenthal, sentenced to one day).

   To make matters worse, an additional 5 years was added to Dusty's sentence because when the police searched his house, they found a shotgun.

    Using a gun to commit a felony mandates a minimum 5 year consecutive sentence, and rightfully so, if we want to punish and deter violent crimes.

   However, possession of a gun not used to threaten or harm any person is a Constitutional right, not a crime and should not result in a longer sentence.

   Dusty never threatened anyone with that gun, but was sentenced to an additional 5 years anyway, just because he owned it during the commission of a felony (growing marijuana).
  
    Had this abuse and misapplication of an otherwise useful not occurred, Dusty would have been freed a year ago, because he has already served 9 years.

   As it is, due to the bogus gun charge, he has another 4 years to serve behind bars.

   This is extremely unfair.  While others with nearly identical cases have gone free or served just one day, Dusty got 15 years.

   With time off for good behavior, he will serve 13 years.  Dusty Costa did not commit a violent felony!  He did not use a gun!  He is not a threat to society or any person! He does not belong in prison!

   To keep him there is an injustice!

   From the Editor:  George Bachich went to Calaveras High School, graduating in 1964, having served as Student Body President. His loyalty to his fellow student is evidence to the fact that George is still the outstanding person the Calaveras High School Class of 1964 always knew him to be.

   See also:  "Who is Dustin Costa-Local Boy" and "I know Dusty Costa" from a reader of the Sentinel to follow the complete story.  (To be continued)