Pubdate: Thu, 08 Feb 2001 Source: Marin Independent Journal (CA) Copyright: 2001 Marin Independent Journal Contact: 150 Alameda del Prado, Novato, CA 94949 Website: http://www.marinij.com/ Author: Richard Halstead Cited: American Medical Marijuana Association http://americanmarijuana.org// Related: http://www.mapinc.org/drugnews/v01.n230.a08.html DA RIPS RECALL BID Marin county District Attorney Paula Kamena yesterday came out swinging at the people who have forced her into a May 22 recall election, saying that they perhaps included drug dealers. "I am fighting a recall that is the work of a small-minded group of disgruntled litigants who had their day in court and lost. This is a really bizarre situation," Kamena said at a press conference. The District Attorney repeatedly emphasized that the group that gathered the 13,942 valid signatures, which made the $500,000 special election necessary, has refused to reveal who paid for hired signature gatherers. "Until they come out of the shadows and we know who they are, then we might be led to believe this recall effort is perhaps supported by drug dealers," Kamena said. "Are these the people who sell drugs to our kids? I don't know but I sure would like to." Kamena's sharp words were echoed by retired Marin Superior Court Judge William Stephens, one of four people who spoke on her behalf yesterday. Stephens described the recall as "a fraud being perpetrated on the citizens of this county" and "a form of political terrorism." "The primary interest of those seeking to advance the petition is to have the District Attorney look away when marijuana is used by those beyond the intended purpose of the (Prop. 215) initiative," Stephens said. Kamena also was given a strong vote of confidence by Marin County Sheriff Robert Doyle, Marin County Superintendent of Schools Mary Jane Burke and Patricia Garbarino, president of Marin Resource Recovery Center. A enthusiastic group of more than 50 cheering supporters turned out for the press event, held at the Sheraton Four Points Hotel in San Rafael. Some who were not there, however, reacted differently to Kamena's statements. "I think Paula Kamena is in very deep trouble - if this is her way to defend herself by attacking me with lies and allusions to this drug war hysteria," said Lynnette Shaw, who spearheaded the recall effort, after it was initiated by a group angry over child-custody decisions in the Marin courts. Shaw insists that the law allows her to withhold information on the source of her funds, although the state's Fair Political Practices Commission disagrees. "They're just witch-hunting," Shaw said, regarding the request for names. Shaw is the founding director of Marin's only medical marijuana dispensary, Fairfax's Marin Alliance for Medical Marijuana. She contends the District Attorney has failed to properly implement Proposition 215 because Kamena told local law enforcement officers she will prosecute anyone who possesses more than six mature marijuana plants, twelve immature plants, or more than a half pound of dried marijuana. Kamena noted yesterday that the petition requesting the recall made no mention of medical marijuana or Proposition 215. Nevertheless, some people who signed the petition have said they were told otherwise, Kamena said. "Please remember," said Shaw. "We turned in 20,691 signatures. Out of all those, only four people complained they were misled or confused on the concept." Kamena explained that the recall petition actually accused her of acting in a criminal conspiracy by prosecuting Carol Mardeusz of Novato for committing perjury and attempting to abduct her own daughter. Custody of the girl had been granted to the father after a Sonoma County court battle that included accusations of drug use and child abuse. Mardeusz got in trouble after trying to take custody of her daughter by serving fraudulent papers on officials at the girl's school. This was after a Sonoma judge had barred Mardeusz from seeing the girl in 1998 because Mardeusz refused to comply with a court's order that she undergo a mental evaluation. After she submitted to an evaluation last year, prison psychologists found that Mardeusz suffered from a "delusional disorder." In July, a Marin jury convicted Mardeusz of five felonies and two misdemeanors, after deliberating for less than a day. She is currently serving a nine-month sentence at Marin County Jail in San Rafael. Kamena said yesterday that although her recall was sparked by the Mardeusz case, the effort was appropriated by "opportunistic marijuana dealers." She noted that she is not the only district attorney under attack due to their enforcement of marijuana laws. The American Medical Marijuana Association, an advocacy group supporting the legalization of medical marijuana nationwide, has said it is contemplating recall efforts in Sonoma, Placer, Shasta and El Dorado counties. Shaw has said members of the association helped gather signatures for the recall petition. Steve Kubby, the association's founder and national director, has said the success of the recall effort in Marin sparked interest in launching similar campaigns elsewhere. Authorities confiscated 265 marijuana plants from Kubby's Olympic Valley home in January, 1999. A Placer county jury deadlocked 11-1 on the marijuana charges and prosecutors haven't decided whether to seek a retrial. Kamena said it is important to defeat the Marin recall "so it doesn't spread throughout the state." The District Attorney made available envelopes yesterday for submitting contributions to defeat the recall. She currently has $13,156 in her campaign account, which could be used in the effort. Of that amount, nearly $7,000 has been contributed since the recall petition was submitted in November. So far, no one has filed papers to run against Kamena in the recall. Prospective candidates have until Feb. 21 to make up their minds. - --- MAP posted-by: Richard Lake