This book is a user-friendly manual and tutorial/textbook useable in courts and provides defense attorneys with the tools to successfully represent their clients under the existing precedents despite the resistance of some judges who declare that marijuana tests have never rendered false positives and ignore published scientific findings as well U.S. Supreme Court decisions. The book arms you with the legal and scientific material for your pretrial and trial battles.
Pretrial In Limine Motions and Motions for Dismissal
The book details an all but unknown 1974 study by 14 scientists and two attorneys that unequivocally finds that the prosecution’s typical marijuana tests do not confirm the presence of marijuana in a seized substance. Moreover, the book describes a little known U.S. Supreme Court decision agreeing with this finding as well as supportive scientific studies and state supreme court decisions. The book contains the scientific and legal ammunition you need to persuade the trial judge to first conduct a pretrial hearing and then to exclude the prosecution testimony.
This material enables the defense to bring successful motions for dismissal as well as in limine motions to exclude. The book documents repeated claims of infallibility by both DEA agents and local police officers. The book contains extensive quotations from DEA agents’ sworn testimony and affidavits claiming that its marijuana tests are infallible. The book exposes those claims as scientifically impossible. As Judge J. William Ryan observed in one case, such overstated claims call into question the “integrity” of the prosecution’s expert witnesses. The book even contains a detailed request for an evidentiary hearing seeking dismissal that was granted by a hostile judge who had previously believed that government drug analysts can do no wrong.
The scope of the book is not limited to federal practice; the book deals with police experts as well as DEA witnesses. Police witnesses often testify based solely on non-specific field tests. The book establishes that like their DEA counterparts, unqualified police officers and police lab analysts frequently assert in court that their field tests infallibly confirm the presence of marijuana in a seized substance. As in the case of federal prosecutions involving the DEA, these overstated assertions can serve as a basis for a dismissal or at least an evidentiary hearing to exclude the evidence.
Cross-Examination at Trial
If the case goes to trial, the book provides scores of piercing cross examination questions which can strip the prosecution’s expert witness of any credibility. Many of the questions are garnered from actual trials that resulted in acquittals. The book not only exposes the spurious answers sometimes given by prosecution witnesses; marshaling the relevant science, the book also explains the correct answers. - John Kelly
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Up Dated: Recent Book Reviews
An excellent guide to the "junk science" used in MJ cases today August 28, 2013
John Kelly's book "Beat Marijuana Charges Without Plea Bargaining" is an excellent guide to the "junk science" used today by law enforcement and permitted as evidence in our courts. As a criminal defense attorney, I highly recommend this book to anyone facing criminal charges involving cannabis.
What Everyone Must Know August 31, 2013
By Tony Goulet
John Kelly's book Beat Marijuana Charges Without Plea Bargaining contains within it knowledge, insight, and experiences that every person must know. His in-depth exploration within the little known, and hardly ever publicized occurrences of false positives in drug testing procedures is phenomenal. Every point the author makes within this book is backed up by years of experience, facts, and science. What I appreciated most is that the author is not painting a picture and shoving it down my throat; but he is presenting the facts and the countless times where innocent people have endured great hardship due to faulty drug testing equipment that remains supported by many in the judicial system today. He presents clear and coherent reasoning that the reader can smoothly move with, as well as presenting the legal and scientific pieces that follow a stream flowing towards true justice. I will not expound any further but allow others to read this must read book and formulate their own opinions. But I will say that I had no idea that chocolate, along with many other legal substances will generate a false positive in the drug testing equipment that is utilized by most police department. No one can read this book without becoming very educated, and concerned for the well being of law abiding citizens who have been and will be victims of faulty drug testing equipment that is accepted by many in the judicial system as nearly infallible. This book inspires and educates necessary changes that protect and support the innocent, not the criminals. Thank you John Kelly for writing this masterpiece.
A Useful Manual September 4, 2013
In its 2009 report, THE FUTURE OF FORENSIC SCIENCE IN THE UNITED STATES: A PATH FORWARD, the National Research Council warned against overstated expert opinions. That problem frequently arises in drug prosecutions. More specifically, experts often rely on non-specific tests as the basis for an opinion about the identity of an unknown substance. Most of the drug identification tests cited in marijuana prosecutions are non-specific and will yield false positives with substances other than marijuana. This manual highlights the problem of reliance on non-specific tests in marijuana cases. To begin with, the manual goes into detail about many of the leading scientific studies establishing the non-specific nature of the most popular tests and combination of tests. Moreover, to illustrate the problem of overstated opinions, the manual includes extensive quotations from experts' trial testimony and pretrial affidavits. Academics studying marijuana prosecutions and attorneys participating in such cases should find this manual highly useful.