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Dec-18-2013 02:01printcomments

Mom in Marijuana Case Daisy Bram Found Guilty: Kids Remain in State Custody

Daisy Bram fought valiantly for over two years against impossible odds, winning her first bout only to have the Butte County DA refile the case this second time.

Daisy Bram and her children
Daisy Bram and her children

(MARYSVILLE) - This past week on December 10th, trial began for Daisy Bram, a well known mother who has made headlines everywhere for fighting to have her children back.

During an early morning raid Sept. 29, 2011, investigators found 95 marijuana plants in various stages and 7 lbs at the residence Daisy Bram and Jayme Walsh resided in.

The case went before Judge Robert Gusman and a jury panel of four men and eight women, who listened to pro se Daisy Bram and Deputy DA Jeff Greeson battle it out. The prosecution lined up testimony from 3 expert witnesses, including an investigator named Eric Clay, who testified he had participated in over 200 cases of children being removed from their parents homes for marijuana.

On the witness stand he claimed the presence of the marijuana garden itself presented a danger to the children. On cross examination by Ms. Bram, Detective Clay in fact revealed that the amount of medicine in their home was average, and not excessive.

Another expert witness, Angela J. Rosas, M.D. of Sutter Health, testified that she had first hand experience with children ingesting cannabis and entering her clinic in a coma like state. She also claimed that she had treated numerous children suffering from cannabis intoxication.

Testifying to the toxicology itself was expert witness Kirk Combatolade, a chemist with Valley Toxicology of West Sacramento, Ca.

He testified that minuscule amounts of heroin had been found to be present on spoons beneath a bathroom sink in the rear of the home. He also testified to the presence of THC Delta-9 being found on glass pyrex pans located in the home.

In a sad error of justice, during Ms. Bram's attempt to enter evidence of her oral cannabis recommendation from now diseased Tod H. Mikuriya, Judge Robert Gusman ruled that no oral recommendation for medicinal cannabis would be allowed. To further the injustice, photographic evidence was taken by Investigator Eric Clay of a valid cannabis recommendation held by Jayme Walsh, her common law husband. When Ms. Bram attempted to enter this into evidence for the jury to examine, once again she was denied her right and the evidence was withheld from the trial and jurors. In Ms. Bram's final attempt to have expert testimony, Dr. David Allen took the stand. After explaining his qualifications as a heart surgeon and pediatric surgeon, once again Judge Robert Gusman shot down any chance for adequate defense, and denied Dr. Allen's experiences to qualify as expert testimony.

With very little to work with, Ms. Bram moved forward with testimony from Jayme Walsh who testified to the facts that he alone used the back bathroom which contained the spoons. He also made it clear that Ms. Bram was far too busy with their 28-day old child Zeus and another one-year old child Thor, to be helping in the garden. Jayme also enlightened the jury to the fact he was a first time grower with a not so great garden that year. He had not known the cannabis plant could be so complicated to grow. Evidence was shown that the garden was not a cash crop, in fact it was failing and stricken with bud mold and breaking limbs.

In her direct examination of the evidence, Ms. Bram painted a positive picture of the bathroom herself and the children used which was filled with toys, bathing supplies and everything necessary to care for the children.

She also brought to light the fact that she was an experienced midwife and Jayme was also knowledgeable about the equipment and processes for having the children at home.

On Monday December 16th, the jury heard closing statements and went into deliberation. Despite no evidence tying Ms. Bram to cultivating, cash, scales, or anything indicative of sales, the jury found Ms. Bram guilty on felony counts of cultivating marijuana and possessing it for sale.

Bram had also faced two child endangerment charges, one of each for her two young sons. For her oldest son Thor, jurors ruled Bram not guilty of misdemeanor child endangerment likely to cause great bodily harm, instead they convicted her on a lesser count of misdemeanor child endangerment. As for her son Zeus, the jurors convicted her of the lesser charge misdemeanor child endangerment.

This was a sad ending to such a strong fight for justice, Daisy Bram had been through so much trying to see her children returned home.

She had fought valiantly for over two years against impossible odds, winning her first bout only to have the Butte County DA refile the case this second time.

Many people came to her aid at one point over 36 people from The Human Solution crowded into the courtroom to see justice be served.

Daisy is not giving up hope or her fight, outside the courthouse Jayme and Daisy graciously thanked jurors and made it clear that they will appeal this case and never give up on of having their children back in their arms where they belong!

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Eric Salerno is a Salem-News.com writer from Butte County, California. His background is with State and Federal Agencies assisting in recovery efforts in disaster stricken states.

In 2008 he began advocating for medical marijuana in his home state. This journey began after the supervisors in his district of Butte County enacted a moratorium on legal Prop. 215 patients rights to access and grow their own medicine. He was one of only 10 people to show up at the meeting and voice his concerns with their actions.

That year a coalition of mores than 300 residents was formed and a Vote NO on measure A campaign began. These residents of Butte County united to stop the interference of the county.

This campaign was successful with a large voter drive initiative and media campaign securing 55% of the voters saying NO on measure A.

Today Eric works endlessly from Southern California to Northern California advising and implementing political tactics, to ensure every Californian has the right to access legal safe medicine under the law.

You can write to Eric at this address: Ericsalerno@sbcglobal.net

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dan maners December 26, 2013 7:27 pm (Pacific time)

Due Process Rights Violation...Deliberate Indifference Issue, HR499 if it passes will revoke this none sense, CPS DSHS has Deliberatly Endangered and caused great emotional suffering of these kids, Seperation Anexiety, and much more..Oroville should be concentrating on the Hate Groups that exist there, but hey its easy to slam a pot head, each denial of entry of Evidence of the Defendant is an issue for the appelet Court, wow she will win there, but the kids will be and are damaged while they await the Appellate Court ruling.. yes the JUdge NEW he was making a Decision that will be ultimately be over turned, but hey not for years to come, more DELIBERATE INDIFFERENCE...more family destruction..the dopesicness in our Country has more sides than you think, this case is a violation of MORAL TURPITUDE which is Judicial ERROR and has created a Chilling EFFECT on the rights of every US citizen regardless of Consumption.. come on people get it right...Motion to set aside the VERDICT DUE PROCESS RIGHT..dan maners


A Concerned CITIZEN December 18, 2013 5:30 pm (Pacific time)

Wake Up, California! Daisy Bram is a loving, caring mother. Her nursing babies were literally ripped from her breasts by the Police and CPS, who have been making a tidy profit lately seizing patient's property and adopting out the "cute" children. California Prisons release VIOLENT FELONS due to overcrowding. And they want to put this young mother, who has never hurt anyone, behind bars for a God Given PLANT! Cannabis is an HERB, Judge Gusman is a DOPE! If only the Jury were REALLY ALLOWED to hear "The TRUTH, the WHOLE TRUTH, and NOTHING BUT the TRUTH"!

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