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Deputy DA May Be Defense Witness In Medical Pot Trial

POSTED: 7:26 pm PST November 16, 2009
UPDATED: 7:41 pm PST November 16, 2009

Prosecutors said a San Diego man sold marijuana he obtained from a medical marijuana collective, 10News reported.

However, for San Diego County District Attorney Bonnie Dumanis, the prosecution of Jovan Jackson is not just any medical marijuana case. 10News has learned that along with Jackson, a deputy district attorney was a patient at the collective where Jackson got his medical marijuana.

While the deputy district attorney is not being identified yet, 10News learned he or she could be called as a defense witness in the case against Jackson.

"If this lawyer chose one collective over another collective, that information would, in my opinion, be relevant to a case of this nature," said Jackson's attorney, Lance Rogers.

Jackson's trial began Monday in San Diego Superior Court, and medical marijuana advocate Eugene Davidovich said legitimate medical marijuana users like Jackson are under siege by the district attorney.

"Patients feel harassed. Patients feel that their rights are not being respected," said Davidovich.

"He is charged with possession of marijuana for sale … these are felony offenses," said Rogers.

Jackson, a Navy veteran, could land in prison for several years if found guilty of the charges.

Jackson, who suffers from chronic jaw pain, was arrested in 2008 after a series of raids on cannabis collectives in San Diego County. The collective where he got his medicine has been shut down.

The clinic, where Jackson and more than 1,600 other patients got their medicine, was located in a Kearny Mesa office complex until September when it was raided. All that is left is a locked door and a note telling patients where to call for refills.

A spokesman for the district attorney's office said the office never comments on cases while they are being tried.

The name of the deputy district attorney who may be called as a witness is expected to be released Tuesday.
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