A medicinal marijuana activist is being charged with resisting authorities during a federal raid on a permitted dispensary in Oakland last year. Attorney's for the defendant, Jose Gutierrez, say authorities used excessive force in their attempt to shut down the dispensary and violated the defendants first amendment rights. Gutierrez was in court today to request an evidentiary hearing but the session was brought to an abrupt halt after the judge recused herself from the case. Alex Kekauoha reports from Oakland.