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
Austin Sound: First off, I understand that you just got back from visiting your wife. How is she doing?
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. Now we have to lose our house, our car. I mean don’t get me wrong, I understand it’s punishment, but I know other people that were in front of another judge and their girlfriends that were involved in any kind of conspiracy, so to speak, just got three years of probation. It just depends on the luck of which judge you draw. I agree that I did something wrong, but I also think that they did something wrong. But my wife is doing well, and she’s about to take a class on horticulture, which is sort of ironic. When she gets out she’ll be a master gardener from Texas A&M.
AS: Now my understanding is that the original press release that was sent out had mistaken some of the details. So what exactly was your conviction?
JM: I got convicted for conspiracy to manufacture more than 100 marijuana plants and then manufacturing 100 marijuana plants.
AS: So then conspiracy and a direct charge?
JM: Yeah, exactly, because it was me and two other people.
AS: Now was one of the two other people your wife?
JM: No, no. Keep in mind, it was me and a real good friend of mine and someone that I thought was a real good friend of mine. Both people have since, because this is what the government wants you to do, have waived the right to appeal and cooperated with the government for a lesser sentence. For whatever reason, when they raided the house, they decided to go to my house and not the other peoples’ house, and my wife was there. She didn’t get caught up in the conspiracy because they allowed her to plead to felony misprision, which basically says that she knew a felony was going on but didn’t tell. It’s just ridiculous, and really frustrates me. So that’s what she got. My wife and I are nothing but loving people. And I’ve learned my lesson, I’ve changed my life. This happened back in ‘06, and I’ve moved on and learned my lesson. I realize I’ve messed up and I one hundred per cent take responsibility for what I did, but in the same sense, it was a victimless crime.
AS: Well, I know that you haven’t intended to be set up some kind of martyr, but want do you hope the attention raised by the case will do?
JM: Ok, well what they did, it was an APD sting, it wasn’t federal until they realized there were more people involved. My original search affidavit said that [one officer told another] that you should look at this house as a possible marijuana grower. It doesn’t say why. So they went and looked at electrical records for the house… This happened in September to the beginning of October of 06. They said that watched the house and they never witnessed any light coming on upstairs. I don’t know how that’s a crime. They said that nobody lived there, which is a lie, because one of the people involved lived there…But then around October 24, they took a drug dog to the front door without a warrant, and that just seems like a breach of the constitution. If that’s not an illegal search, then what’s stopping them from taking the drug dogs up and down any street.
What I hope to see come out of this, is, well, the constitution is only as strong as we allow it to be. I mean, I don’t know if you’ve been to the airport lately, but I feel like we’re in a police state. I have my own beliefs as to why that is happening. But hopefully what I would like to see happen, and out of all the circuits in the United States, I believe there is only one case that has come up like this, and it basically says that a drug dog at the front door does not pass constitutional muster. So that’s our appeal. It’s an illegal search, and that’s what I’d like to see so that if this happens to anyone else again, there is more case law that says you can’t do that and you have to get harder evidence before you can do something. Or just bring to light exactly why are we eradicating this, what a good majority of people in the United States have done or do and want to do? I have to do a minimum of five years? Mandatory minimums are ridiculous. It’s not a case by case basis. I have no criminal history other than like in 94…I wrote one bad check.
AS: When are y’all beginning the appeal, or have y’all started that process.
JM: The day I got sentenced we filed our notice of appeal, and now where just waiting for a briefing schedule from the fifth circuit.
This is crazy even without the patriot act being a part of it. Our drug policy is insane and this is just one example in thousands. I really wish jake the best and hope his appeal is successful.
How they lose spouse protections?
We all have a good feeling about the appeal. I’m proud of Jake for standing up and letting the community know how the marijuana laws are stacked against them. It takes a lot of courage! This is a weed that grows from the earth that is under attack. It’s a non violent drug. It’s mind expanding. I guess that is the crime. Expanding your mind is a no-no to our government. Other states have legalized it for medicinal use. Other countries have legalized it out and out. This exaggerated sentence does not fit the crime. 5 years for a victimless crime? With the election coming up, it’s time for everyone to be aware and make a stand for change.
“I agree that I did something wrong, but I also think that they did something wrong. ”
Well said Jake!
I smoke marijuana. My parents smoke marijuana. My grandparents smoked marijuana. We all have smoked together. Somehow, we always find a way to understand and love each other. We are a family that measures success by happiness. I have never understood how a governing body can regulate a plant that grows from the ground. No one should be able to “give” us the right to cultivate,distribute,or use what mother nature gives us. Especially if it’s a weed. It most probably exsisted before any human ever did. The toll this prosecution might take on this man’s family will definately outweigh the toll that a plant would have taken on him, his, or anyone else for that matter. I wish all involved the best of luck. This too shall pass.
[...] more on the story here [...]
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.
Free Jake Mitchell.
donantions at: freejakemitchell@gmail.com
Thanks everyone for continuing to talk about Jake’s story!
Why should I feel sympathetic to someone who was doing something illegal. 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. Yes, jail is a punishment and it is supposed to suck.
I am also tired of hearing that Marijuana is harmless from the earth…
Here are some other things that grow from the earth: opium poppies, ricin, ergot.
Yes, only drugs made by pharmaceutical companies with mega-marketing dollars and lobbying efforts should be considered legal. Fred T, I hope the Patriot Act comes down on you and arrests your wife when they decide to use it for cracking down on douchebags.
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. Way to make an arguement! Try again
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. I didn’t see the right to commit “conspiracy to manufacture more than 100 marijuana plants and then [manufacture] 100 marijuana plants.”
Freedom of speech rules, unfortunately not all speech rules!
Fred T -
You seem very angry. 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. I ca also assure you that MOST of the details of this case have not been made public and everyone should reserve judgement without knowing all the facts. I’m not being antagonistic, so please show me the courtesy back.
Running a drug dog up to your house without a warrant is against your right in the 4th constitution….you know, THAT right Freddy T.
Really? Hehehehe…
H) Smith v Texas (125 S. Ct. 1726 (2005) U.S. Supreme Court
The U.S. Supreme Court refused to hear this case on appeal from the State of Texas. By refusing to hear the case, the U.S. Supreme Court let the ruling from the Texas court stand:
Defendant’s privacy interests were not invaded when officer walked up the defendant’s driveway to allow drug dog to sniff defendant’s garage door, and thus drug dog sniff did not constitute improper search. Anyone approaching defendant’s house would have walked up the driveway and passed near the garage in order to reach the entrance of the house.
Drug dog did not represent an enhancement of officer’s senses. The drug dog sniff did not explore the details of the house but merely revealed the presence of contraband.
Record supporting finding that drug dog was well-trained, and thus dog sniff of the garage door did not constitute improper search. The dog was certified by a state canine association and the dog continued to be trained after certification.
Warrant to search defendant’s house was supported by probable cause when the drug dog alerted after sniffing the garage door.
Fred, do you feel good about yourself now?? I hope so.
Stay tough. It’s a long road to the top of douche mountain.
Is that mountain where you reside? Please leave the vulgar out of this. You seem very angry. If you don’t like hearing about no-support for Jake Mitchell, maybe you should surf the internet elsewhere. Life is too short dude. Relax.
Fred - we see that you used a direct quote from Daisy’s response to you. You are so clever and insightful. Let me just re-iterate the REST of Daisy’s thought:
Why would you waste your time and energy posting on this site, where it’s obvious that everyone else on it supports Jake
So, just go on then, Fred and spread your super fucked take on the world and our government elsewhere. Creating all this negative energy will only come back on YOU, goodsir. 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.
Along with the FREE JAKE MITCHELL Tshirts that I’ve see around town, might I humbly suggest to the maker that they create a FRED T IS AN IDIOT shirt as well???
Fred T,
I see you have spent all morning playing ” the devil’s advocate” and NOT supporting the cause to free my friend Jake. Well done.
I won’t waste much time posting about you, because I just want to tell you, I feel sorry for you. You obviously have no idea what happiness feels like, because you are not capable of compassion for humanity.
Do you really think arresting people for marijuana, cultivation or possession, is protecting you?
If you do, you are a complete fool. At the very least, you are a coward hiding behind the internet.
Find something better to do, life IS too short. I hope you can see that you have sucked all morning.
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. I would not contest that finding.
I guess all that would make sense if APD had the warrant but apparently you know all about the case Fred. So, really, if we say you win, do YOUgo away? That is rhetorical. Don’t act innocent and pull the “playing devils advocate” card as my company and staff have received your bizarre and incoherent youtube emails send to the band’s account we manage. To be honest, I am not sure what you are about and its okay, I also don’t care. Go be an advocate for the devil elsewhere.
The idea is that this is a place for positivity amongst the negativity the world has offered in this case of injustice which are apparently shattering your narrow sights but providing a weird sort of entertainment. Keep your head up chief and show some respect. This is all about Free Jake Mitchell, sharing the story of injustice and for the people who do care, he still needs your help. We are happy to report he is doing well and in good spirits.
Cheers.
fred - the thing is you don’t know all of the facts of the case. you can sit there all day citing case after case but you are just wasting your time on this site. it is apparent that you aren’t real popular here. perhaps you should use your extensive knowledge of the law for something positive. just an idea.
[...] for Halloween I just watched the perfect transitioning music video from Austin’s number one band with a drummer in jail for narcoterrorism : the Boxing Lesson. The video is done in an extremely interesting manner similar to Tim [...]
All,
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.
I was just looking for a performance of The Dark Side of the Moog from the band Colosseum II (which was not related to Jake’s band). I just happened to stumble upon a mediocre Austin band with a terrible song of the same name. Just like you I am entitled to an opinion.
It was The Loyalty Firm’s negative flaming/knee jerk reaction that led me to this site of ridiculous support of a convicted felon. Thank you, The Loyalty Firm, for being such a great promoter. Remember even negative publicity is still publicity (which is good).
Furthermore, here is my “bizarre” YouTube private message that I sent after my posting was responded/deleted.
——
” ‘Thank you for deleting my comment to your video.’
It just goes to show how insecure unsigned bands from Austin are. But honestly, The Dark Side of the Moog was really a great Colosseum II song. It had Don Airey (session musician for Ozzy’s Mr. Crowley intro) and it also had Gary Moore. I am also from TEXAS. Oh…people who grow weed should go to jail. Federal P in the A Jail (from the movie Office Space) ….and we’ll just agree to disagree. Now check out a really dark side of the Moog with this video! Eerie.
Moog / Schaefer Beer TV spot ”
————
That’s it. I don’t like The Boxing Lesson. I don’t like Jake. He is still in jail and probably feels like crap. You don’t like me. Get used to it. (*group hugs*)
blah blah blah
Good news, good news! I thought that smell was coming from something I may have stepped in, but it was just Fred T having diarrhea of the mouth again!
The fact that he was not charged under the Patriot Act is indeed good news. I read the older article earlier and i was outraged. Still…conspiracy?
I really don’t understand what the commotion is all about. What happened was absolutely wrong but still wasn’t it corrected?