Showing posts with label Loretta Nall Court. Show all posts
Showing posts with label Loretta Nall Court. Show all posts

Tuesday, March 13, 2007

Court Appearance Update

Today was suppossed to be the day that my attorney argued a motion for supression. If everything had happened like it was suppossed to, then my case would likely have been dismissed today. But, as we all know from past experience, when dealing with government employees (cop & teacher) things usually do not go as planned.

Last week my attorney sent out subpoenas to me, Kindergarten Cop Eric McCain, and Horseshoe Bend kindergarten teacher Beth Shaw to appear in court at 9 a.m. this morning. Well, I was there....and that was it. The cop and the teacher didn't show and as far as I know didn't alert the court to the fact that they would not be there. As a result we didn't get to argue the motion.

I asked my attorney whether or not we could request failure to appear warrants for both McCain and Shaw....we know this is what happens to non-government employees when they fail to appear in court. He said yes, we could, but declined to do so. I didn't press it. He likely knows my heart might physically burst from joy at seeing Beth Shaw and Eric McCain in handcuffs....and he wants me to remain alive long enough to see this thing through to the end.

From what I understand my case will come up before Judge Ray Martin on April 9 and we will argue the suppression motion at that time....or possibly something will be worked out before then.....like the state could drop the charges.

One strange thing did happen though. As I was sitting and waiting for my case to be called the former prosecutor, turned defense attorney, turned back prosecutor walked by and said, "Hey Loretta". I returned his greeting and commented on his return to the 'dark side' of prosecution. He laughed and said he wasn't up here much and started to walk away. Then he came back and leaned down and said, "You should go and see my boss sometime (the D.A., E. Paul Jones) and talk to him about getting a drug court and pre-trial diversion here."

I said I had heard that Mr. Jones was supportive of such things and that when I got all of this mess cleared up I would go by and talk to him.

When I mentioned this to my lawyer he thought the guy must have meant that I should take a pre-trial diversion instead of take it to trial. I told him I didn't think that was what he meant because, I can't really legally go in and talk to the DA while he is prosecuting a case against me. That would be ex-parte communication or something like that. If I were representing myself I could talk to him but, since I have a lawyer, I can't.

Looking back, I am not sure if the Asst. D.A. meant I should go and talk to the D.A. about pleaing out and going through pre-trial diversion, which I have no intention of doing and that is a well known fact to this particular prosecutor, or if he was telling me that the D.A. is interested in my work and wants to discuss with me how to keep non-violent drug offenders out of jail. I am hoping for the latter and leaning towards the latter because talking to the D.A. directly would not be legal and I don't think the Asst. D.A. would tell me to do something illegal.

If this turns out to be the case, then I would say that would be a huge reward for me. All of my efforts in fighting this case and and my activism pushing for real drug policy and prison reform, my campaign for Governor, my constant media presence and my relentless and tireless pursuit to bring common sense into the Alabama judicial system will be well rewarded by me being able to influence a drug court in this county.

I do believe I have gained the respect of mine enemy and that is a major step if real change is ever to be had.





Court Today

Friends and Supporters,

If all goes well then today could mean the end of my legal battles with the state of Alabama (at least for now). I return to court today where my attorney will argue a motion for dismissal. We both feel pretty confident that it will succeed. In the event that it does, my case will be dismissed today.

In the event that today's motion fails I will have to reappear in court on Thursday, March 15, to refuse the states plea deal and demand a jury trial (again). I believe that trial will be set for April 9.

Keep your fingers crossed for me.

Loretta Nall

Sunday, March 04, 2007

Loretta Nall Heads Back to Court

FOR IMMEDIATE RELEASE:

Contact: Loretta Nall

Telephone Number: 251-650-2271 or 256-625-9599

Email Address: lorettanall@gmail.com

Web site address: http://nallforgovernor.blogspot.com


Drug Policy Reformer and 2006 Alabama Gubernatorial Candidate, Loretta Nall, Heads Back to Court

Alexander City, AL, March 4, 2007 — 2006 Libertarian Gubernatorial candidate and widely known drug policy reformer, Loretta Nall, will appear in Tallapoosa County Circuit Court, located in downtown Alexander City, at 9 A.M. on March 15, 2007 to continue the appeals process in her misdemeanor marijuana possession case. On that day Mrs. Nall's attorney, Anthony Wilson, will argue a motion for dismissal.

Loretta Nall, who had no prior arrest record and maintains her innocence, was arrested in a November 2002 raid on her home less than a week after her Letter to the Editor of the Birmingham News was published. The affidavit in support of the warrant to search Nall's home used that letter as probable cause.The Tallapoosa County Narcotics Task Force, which conducted the raid on Nall's home, alleges that the raid yielded 0.87 gram of marijuana.

Nall was convicted of misdemeanor marijuana possession and possession of paraphernalia in February, 2004. Read the trial transcript here.

After her trial in Feb. 2004 Mrs. Nall filed a complaint with the Alabama Judicial Inquiry Commission (second page of complaint is here) alleging misconduct on the part of District Judge Kim Taylor after he commented about the facts of her case to the local media. The Judicial Inquiry Commission sided with Mrs. Nall and reprimanded Judge Kim Taylor for his actions.

In March of 2005 Mrs. Nall appeared in circuit court for her appeal. The prosecution offered her a plea bargain of 8 months in prison without the possibility of probation or parole in exchange for her guilty plea. Mrs. Nall refused to plea out and instead demanded a jury trial. She wrote a scathing article about her court experience which was published at LewRockwell and one week later she was visited by the F.B.I.

Loretta Nall, 32, wife, mother of two children living in her native Alabama, became involved in drug policy reform in September of 2002, after enduring a terrifying helicopter raid by local, state and federal agents looking for marijuana. No marijuana was found.

Loretta Nall has appeared in Rolling Stone Magazine, lewrockwell.com, and numerous daily newspapers across North America on behalf of her campaign to reduce the destructive effects of prohibition. She writes extensively about her experiences. In 2004 Loretta visited war-torn Colombia, South America where she studied the affects of aerial fumigation on the food crops of peasant farmers as carried out under U.S. Plan Colombia. Currently, she is assisting in guiding a medical marijuana bill through the Alabama state legislature in concert with the Drug Policy Alliance.

During her run for Governor of Alabama as the Libertarian candidate in 2006 Nall garnered international media attention because of her anatomy and appeared in the #1 slot on MSNBC's Countdown with Keith Olbermann.



Her political ads were named Most Honest of the Political Season by Brandweek Magazine. Loretta also had her ads and campaign mentioned on ABC's Good Morning America and NBC's Today Show. she was a guest on nationally broadcast 'Fox & Friends', numerous satellite and major network radio programs and every newspaper and televison station in the state of Alabama.

For more information about her campaign, including video clips of recent candidate speeches, photos and more please visit the campaign website.

All media is encouraged to attend the court hearing. To schedule an interview please call 251-650-2271 or email Loretta

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