by David Downs
Constitutional law forbids double jeopardy — that is, trying someone twice for the same crime. But it doesn't say anything about triple jeopardy, does it?
San Diego dispensary operator and Navy veteran Jovan Jackson will be re-tried for the third time for running his club Answerdam Collective, in what activists are calling a gross waste of scarce police resources.
San Diego has relentlessly and indiscriminately pursued medical pot users - shutting down about 100 clubs since 2011. Jackson was first tried for running Answerdam in 2009, and was acquitted by a jury of his peers. So police raided Jackson a second time, and San Diego District Attorney Bonnie Dumanis tried him again, this time getting the judge to deny Jackson a medical marijuana defense in court.
Without being able to introduce the defense, Jackson was convicted, but his case was appealed all the way up the California Supreme Court. The higher courts agreed: Jackson is entitled to a medical defense for running Answerdam, so they kicked the case back down to San Diego where on Tuesday prosecutor Chris Lindberg refiled charges. The new trial is scheduled to begin May 1.
About half of all violent crimes and 86 percent of all property crimes go unsolved in San Diego, according to 2012 statistics. Good to see San Diego law enforcement has their priorities straight.