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

Open Letter to Medical Marijuana Community of San Diego

Due to recent events it is necessary to note this article was originally written in early December, with final revisions before Christmas and only a paragraph order change since then. It was my intent to post this at new years. This is NOT any kind of retaliation for anything.

My blog http://dannabissd.blogspot.com/2009/11/impassioned-plea-for-help.htm
from 11-1-2009 hinted at cooperative effort but I had no idea that the challenge would be within the movement.

Please read this!



Open Letter to Medical Marijuana Community of San Diego, leadership, and organizers.

My name is Dan Murphy, but my name is not important.

I have been to meetings, rallies, and trials. But what I have done is not important.

What I have seen and heard is what is important.

Riddle me this, who wins when we fight each other? Who Loses?

Please tell me I am not the only one that sees this!

The infighting in the Medical Marijuana movement is too prevalent to be coincidental. San Diego is no exception.

I am calling out the leadership, organizers, and membership of the Medical Marijuana movement in San Diego to drop the juvenile rivalry or the movement, and your agendas will fail here.

Is this what you want?

I believe we as activists have only one choice; we need to drop the schoolyard bickering and keep in mind who is laughing while we tear ourselves apart from within. We need to open our eyes to who the true enemy is and focus all our energy and resources on them.

What is the alternative?

I know you all have the intelligence and drive. It seems like you have the extra time as well. If you cannot come up with ideas how to become more cooperative and focused then I have some for you.

We need an organized, friendly, all inclusive rally. Not against anyone, but supporting everyone’s rights to choose their own medical path.

Show your leadership by organizing a rally that doesn’t have your name all over it. One that is open to all groups. One that is not simply a donation/membership drive.

Who is going to step up?

My mission statement “I am willing to adopt common goals to overcome common adversaries and achieve common interests.” should be the basis for all movement related activities. Instead the movement is clouded by too much ego.

I do not want to lead this movement; I cannot afford to lead this movement.

Are you going to ignore me, attack the message, or attack the messenger?

You can choose to ignore this message. But will your membership? If you want to refocus your efforts toward mutual cooperation then SPEAK UP!

You can attack the message. If you truly believe that mutual cooperation is counter to the goals of the movement then say so. I am sure your membership would want to know and understand this.

You can attack the messenger. I am a nobody, an observer. I have already lost my career, as a convicted grower my options are quite limited. My reputation in the MMJ community is minimal at best. Any public attack would only server to increase my status.

But if it takes a “nobody” like me to bring this movement together in San Diego then I can be that “nobody”.

No, your best move at this point is to quietly refocus your energies toward the real enemies and when challenged to state that was your position all along. All the while minimizing the infighting to a point of irrelevance.

If you do not see the rivalry and infighting then bless you. You are focused. Remind others of your vision.

All I ask is for every one of us to pick our battles, define our enemy, and align with others that share that same adversary.

Perhaps you can join me, Above The Fray.


Sincerely and from the bottom of my heart.

Dan Murphy, a concerned cannabis activist


See also:
Who is Dan Murphy

Why I am a Target

Why we are Targets

Why I am a target – Why we are all targets.


I am a business owner, a father and husband. I am active in my community. I believe in the will of the people and respect for each other’s rights. I also believe in medical marijuana and this makes me a target.

I think that the war on drugs is a monstrous waste of taxpayer money that creates bureaucracies that depend on greater numbers of arrests and incarcerations to secure their ever increasing need for funding on a local, state and federal level. I am not afraid to say so, and this makes me a target.

I think that when government abuses the power that we the people bestowed it then it is our duty to rise up a demand change. This too makes me a target.

I think that it is atrocious that America has more prisoners per capita than China.

But I am not just standing up for my own rights. Every time anyone stands up for their rights they also stand up for all of us.

Is your hot button issue school funding? Roads and signals? Fire and Flood preparedness? Rape kit DNA tests?

I think that police, local and state governments, for profit prisons, and all their support organizations stand to lose funding, political influence and jobs when the tolerance mandated by law 13v years ago becomes commonplace. This makes me, all of us, really big targets.

Think off all the issues that affect your daily life. Issues that your local representatives tell you there is no funding for. Now think of all the wasted revenue used to circumvent current state law. Investigations, arrests, trials, incarcerations, law suits, lawyers fees. All this is our tax money, should be used to make San Diego better. This should make you rather angry, but be careful, or you too be become a target.



See Also:
Who is Dan Murphy?

Open Letter to Medical Marijuana Community of San Diego

Who is Dan Murphy?

Who is Dan Murphy?

Nobody really. Before the 09-09-09 raids I was not involved in the Medical Marijuana movement or community.

Before the CNOA protest I would not have considered myself an activist.

I have no idea who to rally behind, other than to support the victims. Nathan, James, Eugene, Donna, and others. For you see, in 2004 I was in the same position they are in now.

I lost my medicine, my freedom, my rights (vote, probable cause), my career, and my daughter!

I went through hell and back. I know the monster that they face.

I have learned many lessons from my experience in Corporate America as well as my years under the thumb of the legal system.

I see a lot of passion from the victims and those they surround themselves with. I am inspired.

I also see a lack of focus and clear definable goals.

As a nobody my perceptions are nothing special but they are telling since this is what the world outside the movement sees.

Yet I am an optimist. I see the MMJ movement in San Diego for what it can be. But we will not win the struggle here without the unified support of MMJ leadership and organizers.

Since I am not a big player in the MMJ movement I cannot expect to influence much. My hope is that by preaching mutual cooperation I can give a voice to the silent majority of supporters that want real change!

I have submitted an open letter to the MMJ community in hopes of strengthening the Movement in San Diego.

Please do not let this fall on deaf ears.

I maintain my position. I am willing, no, more than happy to have all interested parties join me Above the Fray.

See also:
Why I am a Target

Open Letter to the Medical Marijuana Community in San Diego