Jim Montgomery is a paraplegic who, in 1990, was arrested in his Sayre, Oklahoma, home for possessing two ounces of marijuana. Although he testified that he had never sold marijuana, Montgomery admitted to smoking it to relieve muscle spasms caused by a spinal injury. He had heard about marijuana's potential while staying in a rehabilitation clinic after he found that other drugs, such as Valium, onlyworked by stupefying him.
Incredibly, in 1992, the jury gave this first-offender the maximum sentence for each charge, which equaled life plus 16 years and a $31,000 fine. Even the prosecutor — who argued that "this country has declared a war on drugs. Jim Montgomery by his own acts became a participant in that war and has now become a casualty of it" — saw no need for such a sentence. The judge suspended all but 10 years and $20,000.
Montgomery, 41, is paralyzed from the center of his chest down after a 1972 work accident. He also suffers from-a serious, ongoing infection by flesh- and bone-eating bacteria that requires constant cleansing and clean bandages on his legs, back and but-tocks. When Montgomery first began serving his sentence, he had none of the treatment necessary to keep him healthy. In February 1993, when he was on the verge of death because of the untreated infection, his mother posted a $50,000 bond to free her son pending appeal.
Montgomery spent much of the time during his release in the hospital. But he was also able to return to work rebuilding engines in a shop at his home. Montgomery's story was featured prominently in the April 6 ABC News report America's War on Drugs: Searching for Solutions.
But he probably did not see it. Two days before the special aired, Montgomery was returned to prison because his appeal had stalled. Again, the conditions of his confinementwere medically insufficient— his infection, which had broken through the skin in two places on his back, worsened.
Montgomery's re-imprisonment sparked a public outcry. The governor's office was flooded with phone calls, letters and faxes protesting Montgom-ery's inhumane treatment.
As this issue goes to press, there is a possibility that Montgomery will be moved from the prison to house arrest. Montgomery's mother and some friends say they intend to take him directly to a hospital, possibly violating the terms of his home detention to keep him alive. However, the district attorney has officially protested Montgomery's accelerated release.
To send support or to find out the latest news, contact the Oklahoma office of the National Organization for the Reform of Marijuana Laws at P.O. 12545, Oklahoma City, Oklahoma 73157; phone (405) 840-4367.
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