ACTIVISTS' LEGAL BATTLE RAGES

Swerdlow, Chabot Now Head to Civil Court

RANCHO CUCAMONGA - Did Lanny Swerdlow push Paul Chabot?

That question has already been the subject of a criminal trial, and
it's now the issue at the heart of a civil lawsuit between Swerdlow and Chabot.

Chabot, an anti-drug activist and recent candidate for the Assembly,
accused Swerdlow of shoving him in October 2007 at a meeting in
Rancho Cucamonga of the Inland Valley Drug Free Community Coalition,
which was co-founded by Chabot.

Swerdlow, a prominent marijuana activist, has always denied Chabot's
claims, and he was acquitted of battery in 2008 following a jury trial.

He contends Chabot made the allegation to eject him from the meeting.

Four months after his trial, Swerdlow suffered a heart attack. He
said he believes stress from his case was a contributing factor.

"It turned my life upside down for a year," Swerdlow said.

Swerdlow has since sued Chabot, accusing him of false arrest and
malicious prosecution. In a counter-claim, Chabot alleges Swerdlow
battered him.

"I would like some compensation for the horrors I was put through,"
Swerdlow said.

The claims stem from an Oct. 2, 2007 meeting at the James L. Brulte
Senior Center.

The meeting, the Inland Valley Drug Free Community Coalition's first,
was advertised as a public gathering.

Swerdlow, 64, traveled there from his home in Palm Springs intending
to pass out fliers and pamphlets touting the medical benefits of marijuana.

But as Swerdlow walked toward the meeting, he was recognized as a
marijuana activist by a man who stood at the entrance beside Chabot.

When Swerdlow tried to enter the meeting, Chabot, 36, stood in his
way and told him he wasn't welcome.

What followed is in dispute.

Swerdlow said he sidestepped Chabot and walked into the meeting. One
of his supporters gave the same description of the incident in his
testimony during Swerdlow's battery trial.

Chabot, of Rancho Cucamonga, claims Swerdlow pushed him aside, then
entered the meeting. One of Chabot's supporters also testified to
this version of events during Swerdlow's trial.

After the alleged shove, Chabot placed Swerdlow under citizen's
arrest and called San Bernardino County sheriff's deputies, who
arrived at the meeting, detained and cited Swerdlow.

Swerdlow was subsequently charged with misdemeanor battery.

Before his trial in West Valley Superior Court in Rancho Cucamonga,
Swerdlow rejected several offers of plea bargains from prosecutors,
including a deal that carried no penalty in which he was asked to
admit to an infraction for disturbing the peace.

Swerdlow said he believes his case was pursued by the San Bernardino
County District Attorney's Office because of his marijuana activism.

"They wanted to take me out," Swerdlow said.

Swerdlow hosts a local radio show where he discusses medical
marijuana. He often speaks about the topic at public meetings, and
organizes public demonstrations by marijuana activists.

Since their first meeting - the day Swerdlow allegedly shoved Chabot
- - the two men have often been at odds over medical marijuana. They
recently debated each other on the topic, Swerdlow said.

"It's not about how I feel about marijuana, it's about how Paul
Chabot feels about marijuana, and his 'Reefer Madness' mentality
which refuses to recognize that on this subject he may be wrong,"
Swerdlow said.

Chabot's attorney, Andrew J. Haynal, said he and Chabot feel
Swerdlow's lawsuit has no merit. Haynal said that Chabot, in his
cross-complaint, is seeking only court costs and attorney's fees.

"He would have just left things alone had Mr. Swerdlow not filed
against him," Haynal said.

Haynal said Swerdlow's acquittal in his criminal case "doesn't mean
he's completely exonerated."

He noted that in civil cases, the burden of proof is far lower than
in criminal cases, where 12 jurors must unanimously agree that a
defendant is guilty beyond a reasonable doubt.

In a civil case, jurors must be convinced that one party is more
liable than the opposing side, and the winning side must convince
only nine of 12 jurors, Haynal said.

Haynal said a trial in the case will likely be held in January or
February in West Valley Superior Court. A pre-trial hearing is
scheduled for Jan. 13.

Haynal said he believes a settlement between the two sides is impossible.

"We're too far apart," he said.