Pubdate: Wed, 09 Oct 2013
Source: San Bernardino Sun (CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Wes Woods

CIVIL TRIAL BEGINS BETWEEN MEDICAL POT ACTIVIST AND PRESIDENT OF
COALITION FOR A DRUG FREE CALIFORNIA

RANCHO CUCAMONGA - The civil lawsuit that marijuana activist Lanny
Swerdlow filed against founder and president of the Coalition for a
Drug Free California Paul Chabot started Tuesday with opening
statements and testimony from Swerdlow, who is representing himself,
and other witnesses.

"I am a nurse, not a lawyer. I think that's very obvious. I'm very
lucky. He's a very understanding judge," said Swerdlow of Judge Joseph
Brisco after court testimony concluded late Tuesday.

Swerdlow told jurors on Tuesday he was invited to an October 2007
Inland Valley Drug Free Community Coalition meeting in Rancho
Cucamonga, which he was later kicked out of and subsequently arrested
for, despite receiving an email from the coalition that said they
"welcomed him."

The activist's civil suit against Chabot seeks punitive damages of $1
million for false arrest and malicious prosecution. Jury selection for
the civil suit was completed on Monday, and testimony began Tuesday.

Chabot and his attorney Andrew Haynal dispute the claims and have
filed a counter suit against Swerdlow. Chabot claims the activist
battered him (which Swerdlow denies), and they're asking for attorneys
fees.

While Swerdlow was able to call witnesses to the stand on Tuesday,
Chabot's side did not before the hearing ended for the day.

During opening statements, Swerdlow and Chabot's lawyer Andy Haynal
each told the jury that the burden of proof in a civil lawsuit was
less than a criminal one.

In 2008, Swerdlow was found not guilty after he was accused a year
earlier of battery against Chabot.

In October 2007, Swerdlow attended the meeting inside the James L.
Brulte Senior Center, saying he wanted to listen before passing out
fliers in support of medical marijuana. The activist was later
arrested for allegedly assaulting guest speaker Chabot, who denied him
entry into a public event.

"I walked around him," Swerdlow told Chabot's attorney Andrew Haynal
on Tuesday.

According to a deputy's report filed by Chabot, from the 2008 case,
Swerdlow pushed him before he entered the event. When Swerdlow
entered, he walked into the meeting while holding a box of
pro-marijuana fliers. Chabot reportedly told authorities, from that
case, he feared for attendee safety after the activist refused to show
him what was inside the box.

Chabot called authorities, and Swerdlow was arrested while other
marijuana activists who also tried to attend the event were ejected.

During the court proceedings Tuesday, Swerdlow was at times admonished
by Brisco for continuing statements despite being overruled by the
judge. Swerdlow and Haynal were even called into Brisco's chambers for
a conference after the activist was continuously cut off by Brisco for
speaking after repeated objections on why he was in favor of
legalizing all drugs.

About 20 people in the courtroom wore green ribbons in support of
Swerdlow while Chabot had three supporters who wore red ribbons.

Testimony continues today at noon.
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