Federal Judge Puts Keith Alden Back Behind Bars
Unless intervening circumstances change his fate, Sonoma County patient
and caregiver Keith Alden is headed back to prison in a matter of days.
In a brief but pivotal resentencing hearing in federal court
last week, Judge Martin Jenkins ordered Alden to turn himself over to
federal authorities on July 25th and continue serving his original
44-month sentence.
Alden, whose charges stem from a 2001 raid on his medicinal
cannabis garden and a subsequent re-arrest for cultivating while on
probation, was released from federal custody pending appeal in April
2004. Following the U.S. Supreme Court decision in Raich v. Gonzales
last summer, the Ninth Circuit Court ruled against Alden on his appeal
and remanded his case to U.S. District Court for reconsideration of the
prison sentence. Facing a federal judge once again, Alden attempted to
use the proceedings to focus on several resurfacing issues in his case.
In a sentencing memorandum drafted by the defendant himself,
Alden claims that he never received a ruling on a motion he filed in
U.S. District Court in 2001 to dismiss due to lack of jurisdiction.
Alden says he is not aware of a ruling on this motion, and that no
ruling appears on the docket for his case or in the transcripts,
leading him to claim that the court has violated his right to due
process. Following a request for the judge to make a long-overdue
decision on the motion, Alden's document concludes with the plea, "For
us to uphold our right to due process of law, wouldn't it require the
Court to consider and resolve the issues raised in this memorandum?"
Despite Alden's attempts to press this issue in a court of
law, the matter was not addressed during last week's resentencing
hearing. Instead, Judge Jenkins engaged in a straightforward monologue
in which he explained his intent to adhere to Alden's original 44-month
sentence. "As Mr. Alden committed a new offense while on probation,
and due to the number of plants, there is a need for deterrence," Judge
Jenkins told the court authoritatively. "I have read the memorandum
from the defense and considered the remand... and I would sentence
based on the 2002 case."
With that decision, the 44-month prison sentence was
re-instated, a firm ruling that was softened only slightly by Judge
Jenkins's advisement that Alden has the right to appeal. "And I wish
you good luck with that," the judge told the defendant courteously
before going on to schedule the date for Alden's self-surrender to
federal authorities.
Despite the grim outlook during the proceedings and their
distinct atmosphere of finality, all hope is not yet lost in the Alden
case. Defense attorney Karen Landau, following the wishes of her
ever-determined client, plans to file an appeal, in addition to other
tactics.
"We will move for an extension of the turn-in date," Landau
told the court during last week's hearing, demonstrating that all
options have not yet been exhausted.
Alden himself remains
remarkably optimistic when it comes to the fate of his case. Having
already served nearly half of his sentence, he appeared undaunted by
the judge's ruling. "Ultimately, someday, if there's a legal remedy
for it, you will win," Alden said following the resentencing hearing.
"But whether you serve time in prison in the meantime, that's another
thing."
**At press time, Keith Alden was scheduled to
self-surrender to federal authorities at noon on July 25th, 2006, at
the Philip Burton Federal Building in San Francisco, CA. He would like
to inform readers that his case is not the only one in which a lack of
jurisdiction motion has been ignored in court, claiming that such
defendants as Joe Fortt and Robert Schmidt have also submitted a motion
to dismiss for lack of jurisdiction and have yet to see a ruling posted
on their dockets. Attached is a letter to Judge Jenkins that Keith is
circulating, in an effort to fight this injustice. He strongly urges
his supporters to complete this letter and mail it to the judge at the
address shown. Thank you.**
