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Ralph A. Smith
Attorney at Law

11211 156 St
(402) 234-4152
 
Louisville, Nebraska  68037
234-2727
 

December 4, 2008

Denis Petro, MD
500 Grove Street
Catasauqua, PA  18032

Re: US vs. DeJay Monson

 

Dear Dr. Petro,

I appreciate your offer to review DeJay Monsons medical reports, as they would apply to his necessity defense.  Michael F. Maloney, Assistant Federal Public Defender for the District of Nebraska, is representing him in Federal Court.  I represent DeJay and Dana and their family and I have been gathering information from experts to present to Mr. Maloney to use as he deems appropriate in DeJays Federal case.  Your opinions also would be of great assistance to the Monson family who are now viewed by many of the residents in the area as drug dealers and hustlers who have bilked the local communities and churches out of their hard earned dollars. These feelings were fueled by a front-page color picture of guns and marijuana proclaiming the largest drug bust in the history of Burt County, Nebraska.  I will send you the news press that followed the arrest.

The Monsons financial existence depends on both DeJays good health and the Monson family reputation.  That family reputation includes being respectful, hard working, kind-hearted, honest and honorable people. That family reputation had been earned over a century in part because of DeJays father, Floyd, having demonstrated extreme devotion to his wife DeEtte, who died young as a result of extraordinary health problems.  Her medical bills and Floyds unflagging attention to her and their three children combined to cause Floyd to lose his farm.  DeJay fell close to the tree.

At age 12, in November of 1984, DeJay and his two sisters were injured along with 27 others in a school bus accident.  DeJay received a severe head blow and concussion; and his middle sister, a ruptured spleen.  His oldest sister had bumps and bruises.  At the age 14, DeJay had his first seizure while working in a hog confinement operation.

Before DeJays September 16, 2008 arrest, he had been virtually migraine and seizure-free for seven years.  Approximately four years ago, he stopped smoking cannabis in response to his wife's concerns that he was becoming addicted to cannabis.  Within a week, the migraines returned and subsequently, he had his first seizure in more than three years.  After that, Dana realized that cannabis was really helping him live a full, energetic and healthy life that afforded her and their five home-schooled children sustenance and survival.  With his arrest, his handy man, iron-hauling and used motorcycle parts home businesses have come to a screeching halt.

After DeJays Federal charges were filed, he was released with the stipulation that he refrains from using cannabis, the only medication thatworked.  DeJays health has reverted to where it was seven years ago, and he has returned to prescription medication.  There is little money coming in, as he is disabled with migraines, seizures and the side effects, resulting from taking largely ineffective prescription drugs.  DeJay's wife Dana, has suffered her share of ill health recently as well, and underwent surgery to remove an eighteen pound tumor on August 1, 2008.  She has been diagnosed today with a new growth on her lungs.  Immediate surgery was recommended.  DeJay has again, after seven nearly normal years, applied for SSI.

I will be sending you DeJay's and his mother DeEtte's medical records as well as his court ordered substance abuse evaluation.  I am also including rough drafts of two local nurses reviews of the medical records.

I thank you again for your assistance.  I remain

Sincerely Yours,

 s/ras

Ralph A. Smith
Attorney for Monson Family