Kathy Day suffers from the following multiple Autoimmune and/or Rare Diseases in addition to chronic conditions:
Historically Ms Day has not responded well to standard courses of treatment. She is allergic to most medicines generally prescribed for her conditions including all NSAIDs (non steroid anti-inflammatory drug), and most antibiotics. The only traditional pain reliever Ms Day can safely take is Demerol which leaves her bed ridden. Long term use of Demerol can lead to addiction and additional health problems; and should therefore be avoided. Other medications generally prescribed for her ailments cause Ms Day additional physical symptoms that are worse than the ailment being treated. For some of Ms Day’s conditions, such as Celiac there are no medicines available.
Ms Day benefits greatly from medicinal use of cannabis, it allows her to avoid medicines which negatively impact her health, it keeps her digestive system functioning, and controls her Arthritis. She reports a positive effect on her stress levels allowing her to avoid additional side effects of traditional medicines. Over the years her doctors were well aware it was the one thing that seemed to control her health issues. Several physicians had advised she use it for her numerous digestive issues. In the past medical use of cannabis has allowed Ms Day to continue her activities of daily life without additional medications, and kept her functioning rather than being a bed ridden patient. The last 2 years Ms Day has not been able to use her medicine. Which has contributed to her worsening health, resulting in many days bed ridden, and a diminished quality of life.
Ms Day had moved into a shared low rent home which an acquaintance of her’s was shortly moving out of though the other housemates remained for a short time. One in particular had left for the summer with the understanding he would return sometime in the fall. Ms Day, a struggling artist had a small savings and put much of it into renovating the home. There was a new housemate and the one young man had returned in the fall. Nearly everyone that had lived there left things behind they intended to come back for. During the renovation everyone’s belongings were moved from one room to an other as the rooms were being worked in. The terrazzo floor throughout the home was being stripped, cleaned to perfection, and refinished with coat after coat of sealer. Rooms were being cleared out an painted.
In February 2010 the acquaintance that originally moved Ms Day in was arrested for cannabis. Though she had moved out of the home 5 months earlier she used the address when she was arrested. This prompted the officer that lived across the street to set up what was most likely an illegal video camera. The camera was focused on the home. According to law at the time, a person commits the offense of voyeurism if the location provides a reasonable expectation of privacy. A concrete wall exists in front of the officers residence at the time. Due to the concrete wall from inside the officers residence there is no view of the home Day was living in. The camera was positioned at the top of a window so as to see over the wall and view all activity at Day’s home. Though Day was well aware the camera was there she never gave it much thought and felt she had nothing to be concerned about. She was very discreet with her medicine and only used it in the privacy of her bedroom.
In the 1st week of April of 2010 while cleaning the kitchen late night a chef’s heavy weight chopping cleaver fell and landed blade down across the top of Days foot cutting the foot and knicking the bone that stopped it. The tendon to the big toe was 3/4 severed, a main artery was cut, and a great many nerves. Unable to walk or stand on the foot Day felt blessed when friends came to help. They helped her get to the bathroom, get in and out of the tub, prepared her meals according to her special needs. Day, being Celiac (gluten Intolerant) was unable to eat a simple sandwich. Friends did her laundry, cleaned her house, mopped her floors. Friends came by regularly to make sure she could get to the bathroom. It was nearly a month until Day could stand on her foot for even a moment. The renovation job had been put on hold and friends had done what they could to make the place look like a home again rather than the disarray of a renovation job. One friend even obtained a wheel chair since it would be some time until Day could walk any distance.That was 2 years ago and as of this writing Day is still unable to put a shoe on her injured foot and uses a soft cast boot but has hopes she will soon be able to put a shoe on it soon.
Day had spent much of the first month on Demerol for pain. Not having worked for a month, Day was out of what she called her medicine she used to control her health issues.
It never crossed Day’s mind or anyone else’s for that matter that the officer across the street was unaware of Day’s injury. According to reports he suspect someone in the home was dealing drugs due to what he called the “high traffic” at the home.
The young man living in the home was notorious for losing the house key. It reached a point he would knock to wake Day when he came home in the early morning. He would often come home after the bars closed. He would spend an hour or 2 crying to Day how he couldn’t stay away from the alcohol and how it caused so many problems in his life and relationships. He claimed he would try so hard to avoid the 1st drink. They would talk and Day tried to encourage him to find other things to do that did not put him in the bar environment. The young man mostly worked in restaurant kitchens. He never did any excessive drinking at home, something Day has a low tolerance of. As far as Day knew the young man smoked a bit of cannabis and drank too much alcohol. Over the years Day had counseled many individuals with drug or alcohol problems.
The young man often had girl friend after girl friend he would bring to the home. The girlfriends would often spend the night other than that he almost never brought anyone else to the home.
On May 6th, 2010 the young man came home in the mid-afternoon for a few moments this time with an other young man. They were only there for a 5-15 minutes. Before they left the young man popped into Day’s room. He tossed her a bag of cannabis and said, “Here smoke some of this and get off the demerol.” Moments later he and the other man left and were never seen by Day again.
Around 5:00 a close friend of Day’s came over to prepare some dinner for her. Day and her friend were in Day’s room talking while Day was “doing her medicine”. Just about 5:30 There was a pounding knock at the door and a voice loudly called out, “Key West police, open this door.” The officers used their door opening ram and before Day could take 3 step a number of officers entered her room. 13 Key West police officers most of whom were clad in black and faces covered with black ski-like masks entered the home swooped up Day, her friend and the handicapped veteran that resided in the back, as a 5 man swat team stood guard in the front yard. The three were handcuffed and placed in chairs the officer lined up in a row on a deck in the backyard as the other officers tore through the home. As the 3 sat handcuffed in the chairs one officer with a video camera filmed the three and an an other officer reading a search warrant. Handcuffed, in a state of shock and disbelief Day felt confused and speechless as the officer reading the search warrant read a completely inaccurate description of the property. Day wondered if they had the wrong house.