The Battle for Patients Rights! 

Jerry Duval Jr on Left with son Jeremy Duval 

Jerry Duval holding a peace sign, Peace for Patients!

Swat Team clearing the premises

During the trial we faced numerous issues that should of led us to be free.  The main issue we are fighting is the hope to change laws and help fight for patients rights to their medicine!  We are hopeful for the Fed. Crim Rule 41 (b).   

(b) Authority to Issue a Warrant. At the request of a federal law enforcement officer or an attorney for the government:

  •  a magistrate judge with authority in the district—or if none is reasonably available, a judge of a state court of record in the district—has authority to issue a warrant to search for and seize a person or property located within the district.

A federal agent, along with the federal agents of DEA came and seized property with a state search warrant.  No where on the warrant was there anything of breaking federal laws!  We were within state limits!  There is no evidence this federal agent tried to reach a federal judge.  In fact he testifies he went to state because "it would be easier" to get.  This should make the search warrant illegal, destroying all evidence. 

A couple weeks after the verdict we received a letter in the mail from a juror.  The letter said three jurors did not agree with the verdict, they tried to change others minds but it didn't work.  No mistrial came from this letter due to no signature. 

Honorable Judge Lawson said himself, he would of dismissed this case due to the Duvals following the state laws if a motion for dismissal was filed.  No dismissal was filed, at that time it was too late.

The Duvals along with so many other Michigan medical marijuana patients are having their constitutional rights violated!!! And no one is doing anything from the state to defend the states law!!


Our Story

IN 2008 the state of Michigan passed the medical marijuana act with a sweeping voter approval of 63%.  Shortly after Jerry Duval Jr became a patient with his long list of health concerns.  The list including double organ transplant, glaucoma, heart disease, peripheral neuropathy and being a juvenile diabetic since a very young child.  Jerry has also undergone over two dozen lasik eye surgeries and is taking 15 medications a day to keep him alive!  In 2010 operation HEMP came out to the Duval farm to look things over and make sure everything was legal.  As it was, they cleared everything even leaving us with a few pointers on making it better.  After hearing we were OK and good to go we thought we were in the clear.  Doing exactly as the officers said to do and making sure everything was clearly labeled.  About eight months later the DEA and Monroe county task force a.k.a.  M.A.N.T.I.S. stormed through the farms front gates.  Including some of the same agents that visited in 2010. They came with military style tactics, tank styled trucks and assault rifles.  Lucky no one was home to get hurt! They seized all the medical marijuana planted for sick patients.  Seized all patients medical records, vehicles, cameras, video recorders and much more. No illegal activity under state law was found. One week later in June 2011 they again searched Jeremy Duvals house leaving only with an apple mac book. Again no illegal activity under state law.  In August 2011 they came back again to the farm, this time with more agents including a dive team, mounted posse and more then one helicopter flyer overhead!  Nothing was found in the pond, no marijuana was found in the fields they search with the horses.  Again no state law was broken!  

After two weeks of trial both Jeremy and Jerry Duval work found guilty on multiple counts.  Jeremy was sentenced to a mandatory minimum of five years in federal prison.  Jerry was sentenced to a mandatory minimum of 10 years also in a federal prison. Even after testimony from the lead sheriff we were with in the limits, even after he admitted he lied to get a search warrant!  

During the trial at no point were they allowed to argue for their rights as patients!  Jurors were not allowed to hear the victims story in this case!  They were blindsided by lies from the government, called them drug dealers.   The attorneys wanted jury nullification instructions to be given to the jury, but the judge again denied our rights to that.  

In January we had the 6th circuit court if appeals arguments.  Everyone who attend had a great feeling after we left, as we thought it was clear they seen the lies from the governments side.  We thought wrong, the judges agreed with us in some issues but sided with the governments decision and upheld the trial courts results.    Now we are facing supreme court, United States Supreme Court!! The largest court you can go to.  This is our last shot to change the laws, to try and get protection for patients and caregivers rights!  Wish us luck and remember were FARMERS NOT FELONS!!!  No one should go to jail over this! Thank you for you support and watch the videos below! God Bless


Timeline

  • First raid on Duval farm June 2011, second raid again June 2011 third raid August 2011
  • Indicted September 2011
  • Ten day trial ending in Guilty on April 20, 2012
  • Jeremy Duval self surrenders November 6, 2012 to FCI Morgantown, WV
  • Jerry Duval Jr self surrenders June 11, 2013 to FMC Devens, MA
  • Appeal court date January 23, 2014 (upheld Districts Decision)
  • Petition for writ of certiorari filed with US SUPREME COURT 6/9/14
  • Supreme court status: Jun 18 2014 Waiver of right of respondent United States to respond filed.
  • Jun 25 2014DISTRIBUTED for Conference of September 29, 2014.