"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. ... armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad.
James Madison (father of the US Constitution)
Click here to go straight to pertinent case files listed further down on this page
Click here to go to full docket index with all available filings and orders (cache)
The day before the February 22nd 2006 arrest of dan&mary, in New Mexico, the SUPREME COURT OF THE UNITED STATES OF AMERICA issued it's ruling in Gonzales vs. O Centro Espirita Beneficente Unio do Vegetal (UDV) (cache). This was another similarily situated case, originating in the same Federal Courts, for the District of New Mexico, with the same Federal Prosecuter, David Inglesias, involving "violations of religious freedom".
The Supreme Court's Decision in the UDV case
In writing for the Court, Chief Justice John Roberts affirmed:
"For the past 35 years, there has been a regulatory exemption for use of peyote a Schedule I substance by the Native American Church ...In 1994, Congress extended that exemption to all members of every recognized Indian Tribe... Everything the Government says about the DMT in hoasca that, as a Schedule I substance, Congress has determined that it 'has a high potential for abuse, has no currently accepted medical use,and has a lack of accepted safety for use ... under medical supervision,' ... applies in equal measure to the mescaline in peyote, yet both the Executive and Congress itself have decreed an exception from the Controlled Substances Act for Native American religious use of peyote. If such use is permitted in the face of the congressional findings in 812(b)(1) for hundreds of thousands of Native Americans practicing their faith, it is difficult to see how those same findings alone can preclude any consideration of a similar exception for the 130 or so American members of the UDV who want to practice theirs...The Government's argument echoes the classic rejoinder of bureaucrats throughout history: If I make an exception for you, I'll have to make one for everybody, so no exceptions. But RFRA operates by mandating consideration, under the compelling interest test, of exceptions to 'rules of general applicability'. Congress determined that the legislated test 'is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.'"
Because government challenged the sincerity of dan&mary, and the Church of Cognizance in general, and because Prosecution had convinced the court that under RFRA that dan&mary must first prove their sincerity to the Church they founded, and that the beliefs and practices of the COC qualifies as a religion, government was able to avoid the logical requirement to show it's compelling interest for continued molesting of dan&mary, and other sincere members of their church, "on account of their mode of worship".
A hearing on the first part of a two part test of the motion to dismiss indictment was held in Albuquerque, NM 8/21/06 through 8/23/06 before District Judge Judith C. Herrera (cache). This first part was held to determine sincerity of dan&mary's religious convictions.
The Meyers Test, from a case in the 10th circuit, has been used as a standard of whether a persons beliefs are religious or not. It is highly skewed toward faith based religion and ignores the great pecentage of persons that practice experience based religion. See: Testimony of DEBORAH PRUITT, PH.D, a cultural anthropologist explaining differences.
Richard Mack (cache), a 2006 candidate for the U.S. Senate for the district of Arizona, and a past sheriff of Graham County testified he knew of the Quaintance during his time in Office and that while he was in office with undercover agents in the field there was no evidence came to his attention of any drug trafficing activity by dan&mary.
Danuel Quaintance testified the Church of Cognizance was founded upon the religious principles of Zoroastrianism; an ancient religion wherein a sacred drink Haoma is made from a plant called Haoma, both containing the spirit and essence of the deity Haoma.
The Quaintances and members of the COC believe marijuana is Haoma and consider it to be a " Teacher, Provider, and Protector".
Prosecutors called as their expert a retired scientist and Zoroastrian priest born in India and living in Canada to testify about the tenets of his religion. Jehan Bagli, whose research area was medicinal chemistry, said he was ordained at age 13 in the Zoroastrian religion.
Bagli said Haoma in the ancient Zoroastrian tradition was a deity and plant that scholars believe may have had hallucinogenic properties. But he said different plants were employed over the centuries and at present, "We have no knowledge what that plant was."
Total DOCKET Entries: 209 BETWEEN 2-22-2006 AND 12-26-2006
Case Title: USA v. Quaintance, et al.
Case Number: 06cr00538 PREVIOUSLY 06m 03655 (DOCS 1-24)
Judge(s): Presiding: District Judge Judith C. Herrera
Office: Albuquerque & Las Cruces
02/24/2006 doc1.pdf 194 Kb (6 pgs) CRIMINAL COMPLAINT by USA naming Danuel D. Quaintance, Mary Helen Quaintance & Timothy Jason Kripner by Magistrate Judge William P. Lynch
http://danmary.org/tiki/tiki-download_file.php?fileId=36
02/24/2006 doc6.pdf 200 Kb (6 pgs) Mary Quaintance Special Appearance Motion for Immediate Release and Return of Property
http://danmary.org/tiki/tiki-download_file.php?fileId=34
02/24/2006 doc7.pdf 208 Kb (6 pgs) Danuel Quaintance Special Appearance Motion for Immediate Release and Return of Property
http://danmary.org/tiki/tiki-download_file.php?fileId=35
04/10/2006 doc34.pdf MOTION and mememorandum in support of to dismiss indictment by Danuel Dean Quaintance (*) (104k) (15 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=4
04/17/2006 doc38.pdf MOTION to sever defts by Mary Helen Quaintance {194k) (9 pages) SEE MARY’s Pro Se Motion to dimiss attorney over this filing Doc46 below
http://danmary.org/tiki/tiki-download_file.php?fileId=37
04/24/2006 doc41.pdf RESPONSE by USA to defts Quaintance's motion to dismiss indictment (34-1) (*) (86k) (13 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=7
05/01/2006 doc44.pdf NOTICE by deft Danuel Dean Quaintance of Waiver of Separate Counsel (19k) (1 page)
http://danmary.org/tiki/tiki-download_file.php?fileId=38
05/01/2006 doc45.pdf NOTICE by deft Mary Helen Quaintance of Waiver of Separate Counsel (19k) (1 page)
http://danmary.org/tiki/tiki-download_file.php?fileId=39
05/01/2006 doc46.pdf MOTION & Memorandum by pltf (pro se) to dismiss & substitute atty (788k) (24 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=40
04/25/2006 doc49.pdf RESPONSE by USA to deft Mary Helen Quaintance' motion to sever defts (38-1) (*) (57k) (3 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=41
05/05/2006 doc53.pdf MOTION to withdraw attorney Mario Esparza by Mary Helen Quaintance (*) (32k) (3 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=42
05/17/2006 doc65.pdf SUPERSEDING Indictment by USA Luis Martinez naming Danuel Dean Quaintance (1) count(s) 1s, 2s, Mary Helen Quaintance (2) count(s) 1s, 2s, Timothy Jason Kripner (3) count(s) 1s, 2s, Joseph Allen Butts (4) count(s) 1 (31k) (2 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=43
05/23/2006 Doc68.pdf REPLY by defendant Danuel Dean Quaintance to Govt's response to motion to dismiss indictment (34-1) (*) (83k) (10 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=9
06/22/2006 Doc127 Defendant's Exhibit-A by Danuel Dean Quaintance, and Mary Helen Quaintance re minutes (97-1) (428k) (17 pages) “Declaration of Religious Sentiment†Recorded August 14, 1994, at Graham County Recorders Office, AZ
http://danmary.org/tiki/tiki-download_file.php?fileId=32
07/18/2006 Doc135 Resume Deborah J. Pruitt, Ph.D. (Pruitt Resume.pdf) 80Kb Defense expert witness Cultural Anthropologist Professional Resume of Deborah J. Pruitt, Ph.D.
http://danmary.org/tiki/tiki-download_file.php?fileId=25
DRAFT OF AFFIDAVIT FILED WITH COURT
http://danmary.org/tiki/tiki-index.php?page=CULTURAL+ANTHROPOLOGIST+DEBORAH+PRUITT&bl
07/28/2006 Doc144 Exhibit A - Jehan Bagli 746.31 Kb USA expert witness on Zoroastrian Religion Jehan Bagli testify at motion hrg scheduled for 8/21/06 to determine Religious sincerity of dan&mary and their NEO-Zoroastrian based religion they founded.
(DDQ NOTE: Bagli testified they did not know for sure what plant Haoma was. He further testified that he provided Haoma ceremonies any time a member wanted as frequently as the member wanted that it was up to them to decide, and that he performed the ceremony in his home.)
http://danmary.org/tiki/tiki-download_file.php?fileId=26
08/31/2006 doc160.pdf NOTICE by defendant Danuel Dean Quaintance of closing argument (*) (90k) (12 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=13
09/01/2006 doc163.pdf NOTICE by USA of closing remarks (*) (62k) (8 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=14
09/07/2006 doc166.pdf MEMORANDUM (Rebuttal Argument) by deft Danuel Dean Quaintance in support of motion to dismiss indictment (34-1) (*) (75k) (7 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=16
12/8/2006 doc187.pdf FIRST MOTION in limine re: evidence by Danuel Dean Quaintance (53k)
http://danmary.org./tiki/tiki-download_file.php?fileId=47
12/22/2006 doc192.pdf MEMORANDUM OPINION AND ORDER: by District Judge Judith C. Herrera denying motion to dismiss indictment (34-1) by Danuel Dean Quaintance (cc: all counsel)* (91k) (38 pages)
http://danmary.org/tiki/tiki-download_file.php?fileId=45
4/19/2007 doc217.pdf GOVERNMENTS MOTION IN LIMINE NO.1, requesting an order from the court that defense not be allowed to argue a religous defense. But that government be allowed to introduce church documents as evidence of a conspiracy, filed April 19, 2007 (13.13 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=46
4/26/2007 doc219.pdf MOTION TO RECONSIDER DENIAL OF MOTION TO DISMISS INDICTMENT, filed April 26, 2006 (112.29 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=48
5/3/2007 doc222.pdf STATUS CONFERENCE MINUTES, filed May 3, 2007, (5.55 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=49
5/3/2007 doc223.pdf GOVERNMENT’S RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO RECONSIDER DENIAL OF MOTION TO DISMISS INDICTMENT, filed May 3, 2007, (19.21 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=50
5/3/2007 doc224.pdf MR. QUAINTANCE’S RESPONSE TO GOVERNMENT’S MOTION IN LIMINE NUMBER ONE TO DISMISS INDICTMENT, filed May 3, 2007, (53.83 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=52
5/4/2007 doc227.pfd DEFENDANT JOSEPH BUTTS’ RESPONSE TO GOVERNMENT’S MOTION IN LIMINE NO. 1, file May 4, 2007 (43kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=53
doc228.pdf MOTION FOR CONTINUANCE
5/7/07 doc229.pdf MOTION FOR LEAVE TO WITHDRAW AS COUNSEL, filed May 7, 2007 by E.C. Danuel D Quaintance's counsel (45kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=54
5/7/07 doc230.pdf MR. QUAINTANCE’S REPLY TO THE GOVERNMENT’S RESPONSE TO MOTION FOR RECONSIDERATION, filed May 7, 2007 by E.C. Danuel D Quaintance's counsel (50.3kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=55
5/7/07 doc230-2.pdf Statement of Danuel D. Quaintance in Support of his Motion for Reconsideration, filed May 7, 2007 by E.C. Danuel D Quaintance's counsel (58.2kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=56
05/08/2007 DOC 231 NOTICE OF HEARING ON MOTION in case as to Danuel Dean Quaintance re: 229 MOTION to Withdraw as Attorney by Marc H. Robert. Motion Hearing set for 5/10/2007 11:00 AM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.)(ljs) (Entered: 05/08/2007)
05/09/2007 DOC 234 ORDER by Judge Judith C. Herrera granting 232 Motion to Join (Butts' Response) and granting 233 Motion to Join (D. Quaintance's Reply) filed by Mary Helen Quaintance. (THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.) (ljs) (Entered: 05/09/2007)
5/9/07 doc235.pdf MEMORANDUM OPINION AND ORDER Motion to Reconsider Denial of Motion to Dismiss Indictment {doc219) filed May 9, 2007 (33.87 Kb)
http://danmary.org./tiki/tiki-download_file.php?fileId=57
||Docket Date|Document|.....DESCRIPTION Notes.....
09/07/2006|doc166|MEMORANDUM (Rebuttal Argument) by deft Danuel Dean Quaintance in support of motion to dismiss indictment (34-1) (*) (75k, 7 pages)
09/01/2006|doc165|MOTION to join co-deft Danuel Quaintance's closing argument (160-1) by Mary Helen Quaintance (*)(30k, 2 pages)
09/01/2006|doc163|NOTICE by USA of closing remarks (*)(62k, 8 pages)
8/31/2006|doc160|NOTICE by defendant Danuel Dean Quaintance of closing argument (*)(90k, 12 pages)
06/22/2006 07/13/2006|doc127|Defendant's Exhibit-A by Danuel Dean Quaintance, and Mary Helen Quaintance re minutes (97-1) ( Declaration of Religious Sentiment, Recorded 12-Oct-1994 ) (428k), 17 pages
06/22/2006|doc97|CLERKS MINUTES Doc97 mtn to sever and bail review hrg before Magistrate Judge Lourdes A. Martinez as to defts' Mary Helen & Danuel Dean Quaintance; atty Steve Almanza for Mario Esparza and Marc Robert present; (48-1)(re:38-1) Tape #: FTR/LCS (*) (68k), 2 pages (Doc127) Defendant Exhibit-A by Danuel D Quaintance
05/23/2006|doc68|REPLY by defendant Danuel Dean Quaintance to Govt's response to motion to dismiss indictment (34-1) (*)(83k, 10 pages)
04/25/2006|doc41|RESPONSE by USA to defts Quaintance's motion to dismiss indictment (34-1) (*) (86k, 13 pages)
04/07/2006|doc34|MOTION and mememorandum in support of to dismiss indictment by Danuel Dean Quaintance (*) (104k, 15 pages) ||
LINKS
1. SEE CONGRESSIONAL DEFINITION: "violations of religious freedom"
2. Gonzales vs. O Centro Espirita Beneficente União do Vegetal ("UDV")(Feb. 21, 2006) (cache)
3. *USA V. ROBERT LAWRENCE BOYLL, Criminal No. 90-207-JB
4. *U_S_ v_ Boyll, 774 (cache)F_Supp_ 133 - (September 3, 1991) (cache)
5. U.S.A v. MEYERS, No. 95-8079 (cache)(cache)*JUDGE BRORBY: DISSENTING OPINION
;){kind=link}