[Peace-discuss] Jury Nullification-Mutants Mutiny in Missoula Montana

E. Wayne Johnson ewj at pigs.ag
Wed Dec 22 16:58:42 CST 2010


The people vs The Police State.

See, Señor, ze bool, ze bool he donna always lose ze boolFight.

Boolian logic, no doubt.

http://www.beaumontenterprise.com/news/article/Potential-Mont-jurors-stage-mutiny-in-pot-case-909518.php#ixzz18spYnqEI
http://missoulian.com/news/local/article_464bdc0a-0b36-11e0-... 
<http://missoulian.com/news/local/article_464bdc0a-0b36-11e0-a594-001cc4c03286.html>

MISSOULA, Mont. (AP) --- Potential jurors staged a "mutiny" during a 
felony drug case, a Missoula County prosecutor says, and authorities 
worry the result will be viewed as a game-changer when it comes to 
future attempts at prosecuting drug cases in Montana.

Nearly all 27 Missoula County residents during the jury selection 
process on Thursday told District Court Judge Dusty Deschamps there was 
no way they would convict anybody of having a couple of buds of marijuana.

"I thought, 'Geez, I don't know if we can seat a jury,'" said Deschamps, 
who called a recess.

The case involved Touray Cornell, whose criminal history includes 
numerous felony convictions and in his latest case faced a felony charge 
of criminal distribution of dangerous drugs.

That charge stemmed from an April 23 search of his home following 
complaints from neighbors he was selling drugs. Police said they found 
burnt marijuana cigarettes, a pipe and some residue.

An affidavit said Cornell admitted to distributing small amounts of 
marijuana and connecting other dealers with customers, getting small 
amounts of marijuana for himself as payment.

At the time of his arrest Cornell was out on bail on a charge of felony 
conspiracy to commit theft, of which he was convicted in August.

During the recess called by Deschamps on Thursday, Deputy Missoula 
County Attorney Andrew Paul worked out a plea agreement with the defense.

"A mutiny," Paul told the Missoulian in describing the actions of the 
potential jurors.

"Bizarre," said Cornell's defense attorney, Martin Elison.

In the plea memorandum filed by Elison, he noted that public opinion "is 
not supportive of the state's marijuana law and appeared to prevent any 
conviction from being obtained simply because an unbiased jury did not 
appear available under any circumstances."

On Friday, Cornell entered an Alford plea, meaning he does not admit 
guilt but acknowledges there is enough evidence to convict him. 
Deschamps then sentenced him to 20 years in prison with 19 suspended, to 
be served concurrently with his sentence in the theft case.

Cornell was given credit for the 200 days he's already served.

"I'm not convinced in any way that you don't present an ongoing threat 
to the community," Deschamps told Cornell during the sentencing, calling 
him an "eight-time loser" in a reference to the number of Cornell's 
previous felonies.

The potential jurors in the case ranged in ages from 20s to 60s, with 
one of the most vocal in her 60s.

"It's kind of a reflection of society as a whole on the issue," said 
Deschamps.

Missoula County voters in 2006 approved an initiative requiring law 
enforcement to treat marijuana crimes as their lowest priority. In 2004, 
Montana voters legalized medical marijuana by initiative.

"I think it's going to become increasingly difficult to seat a jury in 
marijuana cases, at least the ones involving a small amount," Deschamps 
said.

Read more: 
http://www.beaumontenterprise.com/news/article/Potential-Mont-jurors-stage-mutiny-in-pot-case-909518.php#ixzz18spYnqEI
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