[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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.chambana.net/pipermail/peace-discuss/attachments/20101223/09fdfba2/attachment.html>
More information about the Peace-discuss
mailing list