Point Counterpoint - Donna Lambert and Dan Murphy

The following are the comments of Donna Lambert on my blog in response to my last post. Donna's original comments are there as well. Since she brought up many issues I am addressing each here.

Donna's comments are in normal text.
Dan's responses are in bold

Anybody can see the file at 220 W Broadway

Why send your supporters, one by one, in the middle of their day to have to face their nemesis to get this “proof” that you hold in your hands.

Donna Lambert or Terrie Best, it should come up with both. While you read it, try to compare the false statements with the facts, which are documented.

False statements, Facts… What does that mean? Clarification would be so simple.

They are now public information. Go step by step through the statements to the court, and then with actual emails and other documents and try to find the number of lies you will find. You will lose count.

Actual emails…Other documents…Vague. I seem to have misplaced my copies, could you email them to me? Better yet, wait for it, release them!

I could easily release the audio file and have considered it,

I know… I am asking…Many people are asking.

if Terrie Best (Eugene Davidovich's girlfriend)

Tisk,tisk.

wants to publicly request that I will be happy to do so. For the sake of trying to de-escalate the community, I did not.

De-escalate? Really? I can only pray.

The opposing side refused repeatedly to let it be played.

He delayed his decision for a couple of hours to read the documents after which he ruled against Donna, and the matter was dissolved. As the judge said over and over again that day, Donna did not meet the burden of proof needed to interfere with Terrie's civil liberties.

Why would they refuse to let an audio be played if there was no assault? If no assault had occured, they would have jumped at the chance. Did you ask the people present in the courtroom before you wrote your latest slander?

Yes.
Slander? I repeat, what slander? Let alone for you to have the gall to even say that.

Further, another option is to actually file assault charges, and I still can, but I have been asked by people who are supposedly in your camp to let this die down.

Consult with a lawyer before you do that.

We also did attempt to obtain the video file and have a cap number for that request within several days of the assault. We also had the exact time because my attorney was attempting to record the statement of a spanish speaking lady when the assault occurred. And I went to court and agreed with the opposing side in requesting the release of the video that we had already tried over a week earlier to obtain and even told the judge correct time as it was stamped onto my attorneys cellphone as she was in the middle of recording this woman she had just defended for free.

None of this is preventing you from obtaining and releasing the video.

Again, people from your camp were there.

You keep painting me into a “camp”. That hurts. You aren’t really hearing the message. You read my words but their meaning escapes you.

Now you are insulting an attorney who has defended and indigent medical marijuana patient for free? And got her charges dismissed.

I did not insult your counsel, merely insinuated that you did not listen to them. But that depends on what really happened…If there was an assault then she is being a hero lawyer and defending her client even under threat of physical harm. BUT, and I am only hypothesizing, if she colluded in fabricating charges then she would be worthy of insult.

You are being manipulated by Brett.

Who is Brett? Another one of your victims? Thanks, I did not know that name.

I have met you maybe once or twice, probably talked with you for less than ten minutes. I do not even know you and you do not know me. None of your group there seem to have any problem slandering other activists or people trying to make a difference, that do not follow your leader.

Who, what, when, where? I know none of which you speak. Please be more specific.

You are continuing with the same vein, You, and your friends continue to try to smear everybody that is working with other groups, or individually.

You keep painting me into a “camp”. That hurts. You aren’t really hearing the message. You read my words but their meaning escapes you.

You are doing it with the blog you just wrote. Not only to myself but to many others who work hard in this community.

You paint me into one “camp” and out of another. I have made multiple efforts to be all inclusive. Please. Every post, every blog, every idea is to make this movement stronger. Not one person, group, or organization but the movement. My message has been consistent and I am sorry you cannot see that.

Your blog and post tonight is an actual active effort to continue to drum up publicity for your leader.

I sought the most organized, effective and proactive group to rally behind. I was here to support the victims, honest. So I watched the way people rallied behind the victims. At the court dates I attended I observed a greater contingent of ASA members, while NORML was represented by Craig and Mara. I do not base my loyalties based on the leadership of a group but the soul, the collective energy of the group itself. The membership.

I could debate policies of ASA and NORML but that is not my message. If I am going to spend my time and energy then I am going to be effective. To accomplish anything I will need to surround myself with other effective people. But I hear of the “rift”. I hear stories on both sides.. So I investigate.

You say I am a puppet for these “others”. I have heard one message from ASA national and local, over and over. “Don’t touch it, ignore it, and let it go.” I tried. After the attacks continued after the TRO hearing I had an internal struggle over what to do.

I see it like this, The movement in San Diego is a living breathing entity, capable of great things…If we nurture it. I am responding only as bluntly as necessary to get this message across. Had you been more receptive to any number of your friends suggestions to drop it then it would not be necessary to do what I did.

You see, I have big ideas, but before I can pursue any of them I need to ensure the movement here in San Diego is capable of managing them.

It is you and the very small group of people you are closely working with who continues to keep this up, it is in your interest to try to attack me, and your small inner group is the ones who keep doing it. You are the one creating the division.

Yes. It is in my interest to attack you. But I am not attacking YOU, I am defending the movement. No, I am doing this against the better advice from any ASA panel member.

I believe in safe and affordable access for medical marijuana patients. I am a good person and do not deserve your slander. Look in the mirror, you are talking to yourself.

Good person? – self edit.

Everything you say applies to you, Dan. You and the others are the ones creating the division and the problem.

Others? You should be more careful. You are letting me and everyone else that I am not the first of your antagonists? I am not expecting any support from any group with this. I have probably upset people throughout the entire movement. You keep putting us in boxes with labels. Why?

Did I just write a blog about you?

No, but I am sure I have been the topic of many off the record conversations.

Why are you obsessed about slandering me?

I am asking questions and stating opinions. It’s not slander, its Libel.

Have you ever sat down with me? NO. I don't even know you.

I stand for the patients, for safe and affordable access. Is there something about that that scares you?

Scared? Now you are projecting. For some reason I am the only one that is not scared. Would a scared person put his head on the chopping block for you to publicly humiliate, risk being ostracized by the one community that accepts me for who I am? Maybe I should be scared. 
Was that a threat?

No, I am not scared. I am frustrated that all this energy is being spent on this. It needed to come to a head and no one else wanted to talk about the elephant in the room. So I responded. Seek out your more reasonable friends. Ask them to read my blogs and explain my message to you.

I am so sorry it came to this. I can only hope that there are those out there that can understand that this needed to be done. I have the court files. I have been digesting them and this is why I have not responded sooner. I will be posting the files to end the controversy.



Dan Murphy

Will the real Donna Lambert please stand up…

I am trying to understand how the same person can send me this

Donna Lambert said...

Actually this letter is the better than the one you actually posted, Dan. It is sad that it has reached the point it has. I wish I had the answers, but I don't.

I have no idea what to do.
I hope that 2010 is better. I know I have two of the best possible people who have stepped in to represent me, and I am going to let go of the outcome, as If I have learned one thing in all this, is that the San Diego injustice system is a meatgrinder with it's own self interest. There is control on the media and the judges. Winning or losing is part good legal work, good actual facts, and having a judge actually willing to preside over a fair and unbiased trial, this latter being extremely important and totally out of my hands. I am letting go. As far as the infighting it is very real, and I am mixed up in it, it is not fun or healthy, and I have absolutely no idea how to deal with it.
You are a good guy and could probably shine a path for a few of us walking blindly down this road.

And posts this…

Donna Lambert "Someone who repeatedly engages in gossip, bragging or seeking unnecessary information about inappropriate topics after repeated educational talks is a grave risk at best, and a police agent looking to provoke or entrap others at worst. pg 21 - ASA legal Manual 2009"

Can also write the following...

Donna Lambert Unfortunately the assault on myself and my attorney at the courthouse was dismissed apparently because the judge did not want to take time to read the 75 pages of proof of lies, which are now public record, as well as the opposition refusing to allow the audiotape of the entire assault to be played in court. This does not mean an assault against my attorney and myself did not happen.

I have chosen not to include the various emails I have become privy to, but rest assured several very serious accusations have been followed up with nothing to substanciate the claims.
You are not letting go and have, it seems, only one idea of how to deal with it…
Continued character assassinations.

You will never understand that what I am doing is about love and unity. For the movement and community as a whole.
As a San Diego resident and Medical Marijuana activist I have to help build a movement in the aftermath of your personal vendettas. Please release and post the “75 pages of proof of lies”. The time has come to end this.

If you were truly concerned about exposing your “attack” then you would have subpoenaed the video records from the court house (3 cameras) instead of assembling such a poorly compiled case that the judge could not in good conscience let the case proceed. Release the audio, release all the witness accounts.

Proof…Where is the proof?

Will you be using your legal defense fund to pay for the attorney fees for the subjects of your attacks? If so then the good people that have donated to your aid should be made aware!

It is really sad that it has come to this…There is no good outcome. An influential and valuable member of the Medical Marijuana Community is going to look very foolish and it is going to happen very soon!

I have sat back and watched for months. I sent an open letter to exactly 5 people. I wanted to respond directly but was urged to let it pass. I have been warned repeatedly to not respond to you, concerned I will be the next target of your thugs and character assassinations but I can’t sit and watch this anymore. So I waited for the TRO court date hoping for closure regardless of the outcome. As we can see, that is not meant to be.

Now that I am the next target of your personal vendetta machine I can no longer remain neutral or silent. As a community we are responsible for the actions of our brethren. I must stand up by any means necessary and shout “Enough!”

PUT UP OR SHUT UP!

You are no longer a curiosity or loose cannon. You are an enemy of the Medical Marijuana Movement. I am placing you on the same pedestal as Dumanis and DeMaio.

Even worse, at least Dumanis and DeMaio unified the movement. You, Donna, are the cancer that keeps the things you say you want from ever happening here in San Diego.

I have seen the “75 pages of proof of lies”. That should be released next. If I do it then it might not look as good as if you did. Did your crack legal team recommend that you pursue the lawsuit with “75 pages of proof of lies”? If so then you need to know that they are not working in your best interest. I always wondered what pro bono meant…

I don’t think of this as an attack on you but more like emergency surgery on a loved one(The MMJ Movement).

I asked nicely…I have treated you with nothing but respect. What happened to you (09-09-09)and all the others is what made me join the MMJ movement. You were abused in Sep by a local government and DA that have disregarded state law in favor of their own personal agendas. That makes them perpetrators and it makes you a victim. As a sexual abuse survivor I know there are really only three choices for a victim;

Remain a victim and allow yourself to continue to be abused. I do not see you there.

Become a perpetrator and prevent further abuse through perceived strength by victimizing others.Ding ding ding ding.

Become a healer and use what you have been through to help others in the same situation, to give back to those that are in need and cannot defend themselves. Alas this spot sits sadly vacant.

You are not a victim. You are not a healer.

You now disregard civility and solid facts in favor of YOUR own personal agendas. You Donna have become a perpetrator.

The third choice is where you should be, where your power, our power, really is.

But sadly, my eyes are wide open to what will happen next. Banned from your pages, just like all the others. No direct personal attacks but your dwindling but still impressive friend list will increase their harassment of my friends and family. All the while you break out the victim mask that you wear all so well and rally all the activists that do not have to live in your refuse to sympathizes and offer support.

Activist Munchenhausen Syndrome.

Dan Murphy