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Last Visited: 12/24/2008
Update on Jake Mitchell and Interview
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The response to last week's news that the Boxing Lesson's drummer, Jake Mitchell, had been convicted on marijuana charges has been overwhelming and rightfully outraged, but we now have more details on his case and some important corrections to the original press release.
Contrary to our initial information, Mitchell was NOT charged under the Patriot Act, and has not been branded a "narco-terrorist."
His appeal against his 60 month sentence and conviction for both manufacturing and conspiracy to manufacture over 100 marijuana plants is, however, focused on the questionable tactics by the Austin Police Department in pursuing their sting operation against Mitchell, namely the un-warranted use of drug dogs outside of the house and, as the Chronicle reports today, the controversial policy of the APD using utility information to spot potential illegal operations.
So, to be clear, Mitchell has not been convicted as a narco-terrorist, but his case still very much highlights the expanded and circumspect authority that has been granted in pursuing such convictions, as Mitchell mentions below.
Mitchell begins his sentence next Wednesday, and appeal is pending, but you can show your support tonight as Mitchell and the Boxing Lesson play a benefit for Monkeywrench Books at the Carousel Lounge.
We spoke to Mitchell yesterday about the situation, and excerpts from that interview are below.
Interview with Jake Mitchell
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Jake Mitchell: Yeah, she's doing exceptionally well, considering.
It's kind of bizarre, because the facility she is in is minimum security, and I personally don't see why she would have to go to some place like that and why they couldn't just home monitor her.
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I'm proud of Jake for standing up and letting the community know how the marijuana laws are stacked against them.
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Well said Jake!
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I just want to add on to what Paul said and that I am proud of Jake telling everyone his story.
Along the way Jake found minor news that was good (he's not a terrorist!) but was still in the end treated as one by having his constitutional rights taken away.
Its an election year and many of your leaders begging for your vote will promise change and here is one area we need to change amongst many.
Lots of damage was done the past 8 yrs and we need to turn it back around in our favor.
Protections for your home rights, enforcing the constitution and generally having big government out your personal affairs are issues that are affecting us all.
The fact remains, for a first time offender receiving this harsh sentence is unacceptable and fowl and that Jake still has lost his home, his vehicles and his lovely wife is still in jail and he still needs help.
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As a matter of fact, I am already supporting Jake Mitchell.
I, as most of you reading this, pay taxes that in turn pay for Jake Mitchell's sentence term and well-being (housing, food, medical, clothing, air conditioning).
Really, think about it.
He owes the general public something because this stuff isn't free.
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Maybe you should feel sympathetic because the issue is about the constitutional right of Jake, not the illegal manner.
Jake did something wrong and so did the goverment.
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Actually…I don't care about Jake Mitchell or any of your silly comments.
I am just playing the devil's advocate and flamebaiting.
Go ahead, supporters of criminal acts, flame on (and get stuck in IH-35 traffic for all i care)!
I support the fact that Jake Mitchell is a convicted felon and he should use his sentence of incarceration to obtain a law degree to assist you when you get arrested for doing the same.
Oh, Shane…please define what constitutional right Jake has.
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If you don't like hearing about support for Jake Mitchell, maybe you should surf the internet elsewhere.
Why would you waste your time and energy posting on this site, where it's obvious that everyone else on it supports Jake.
Life is too short dude.
Relax.
By the way, Jake is incarcerated in a Federal Prison Camp and those facilities don't offer any education except a GED program and some trade skills.
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If you don't like hearing about no-support for Jake Mitchell, maybe you should surf the internet elsewhere.
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Why would you waste your time and energy posting on this site, where it's obvious that everyone else on it supports Jake
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Using this forum where friends and supporters of Jake, and god-forbid, marijuana, go to speak their mind as your personal anti-marijuana-and-all-the-heathens-that-have-anything-to-do-with-it soapbox only makes you look like a moron.
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I see you have spent all morning playing " the devil's advocate" and NOT supporting the cause to free my friend Jake.
Well done.
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You are correct when you stated that I am not suporting the cause to free your friend, Jake Mitchell.
Yet I find it a little prejudiced for you to easily label someone as uncaring, unhappy, and incapable of compassion.
That is your opinion and you are free voice it.
Unfortunately, Jake has stated in this interview that he did something wrong.
Knowledge is an element of crime.
It has been published.
He cannot take it back.
Furthermore, if he went to a Federal Magistrate Court (I am unsure as this involves APD-local/state vs. federal if TOT DEA) he either pleaded guilty or not guilty to his charges at that point.
If not guilty his case went to a grand jury for indictment (this is a panel of your peers to determine probable cause to return an indictment - this is why everyone needs to serve).
He then went to court and something occurred to return a guilty finding.
He either didn't fight it well or the jury of your peers found him guilty based upon evidence and testimony.
So…it doesn't matter if the his arrest ultimately led to protecting me.
Mr. Mitchell claims that this was a victimless crime.
I don't know if he was distributing his stuff to kids or not because I haven't read any findings in this particular case.
Being creatures of habit…almost everyone proclaims that they "didn't know" , or are innocent of a certain aspect of the crime that would lead them to be set free somehow.
Ignorance of the law is also no excuse yet is almost always stated by defendants.
The bottom line is that there is a law that was broken and Mr. Mitchell confessed to it and he now has to serve a sentence and because of that he (or you) should be appealing is a reduction in his sentence term.
In conclusion, the fight to "Free Jake Mitchell" is mostly heroic and based on emotion but it is probably ineffectual.
I reiterate that jail is a punishment and it is supposed to suck.
Yet, If there were somehow a fruit of a poisonous tree leading to Mr. Mitchell's arrest which would allow him to be set free - then so be it.
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I had no knowledge of Jake Mitchell and his problems until The Loyalty Firm responded/deleted a YouTube text comment that I posted while I was looking for Moog related videos.
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I don't like Jake.
He is still in jail and probably feels like crap.