‘Mutiny’ in Pot Case

Discussion in 'Marijuana Legalization' started by Storm Crow, Dec 20, 2010.

  1. Potential Montana Jurors Stage ‘Mutiny’ in Pot Case | Flathead Beacon

    Potential Montana Jurors Stage ‘Mutiny' in Pot Case

    \t\t\t\t\t\t\t\t\t \t\t\t\t\t \t\t\t\t\t\t\t\t \t\t\t\tBy Associated Press , 12-19-10
    \t\t\t\t \t\t\t\t \t\t\t\t \t\t\t\t MISSOULA – 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.


    :hello: I should hope so, Mr. Deschamps! :hello:

    Anyone else remember that old line "POWER TO THE PEOPLE!"? Well, this is one face of it! Let's just keep taking back our power!


    Granny :wave:
     
  2. :hello::hello: hats off to these jurors, we need more people who arent afraid to stand up for there beliefs
     
  3. Thanks for sharing. I hope this starts a trend.
     
  4. This is exactly what I was talking about in my Jury Duty thread. People need to know that they do NOT have to side with the law when seated on a jury. As a juror you have the right to exercise jury nullification.

    This is awesome news, GSC! Thanks for sharing this article. :hello:
     
  5. Maybe the dick prosecutor, government, police and politicians should actually listen to the voters and solve a real crime.
     
  6. YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    I love it. If I ever get pulled for jury duty and the person is being prosecuted for having some weed. guess what, I will try and force a mutiny.
     
  7. Act like you are all against weed so the prosecution puts you on the jury, then hang the fucker.
     
  8. This is definitely good news. But I have some concerns.

    This guy isn't your average pot smoker. He is a dealer with numerous felonies.

    Some of them may be violent offenses. He has been convicted with theft.

    Do we want a guy like that getting off? If the only crime he committed was possession
    or smoking of pot, then I would see things differently.

    This guy is a career criminal who is getting off because the jury doesn't want to convict a guy on a marijuana charge. While it is a good thing.

    I question his character.
     
  9. Laws are only as good as their ability to be enforced. It's just funny to see it breaking down at the court level too. Thats like the tipping point because now real cases in public are turning in favor of decriminalization/legalization.

    Alex.
     
  10. #11 pearl75, Dec 20, 2010
    Last edited: Dec 20, 2010


    You don't get it do you? If it weren't for our f'd up laws, this guy probably wouldn't have ever been a criminal in the first place. That's the problem! Our laws make criminals out of ordinary people. I'm a soccer mom, for crying out loud, but according to the law I'm a dangerous criminal too.

    So what of other substances this guy may have been busted with in the past? The law says that makes him a criminal, but he isn't. We must stop treating drug users like criminals and start treating them like patients. People who are addicted to substances are NOT criminals. They are sick people who need medical help. As long as the laws are the way they are, they will never get the real medical attention they need. Instead, they'll just keep going to jail.

    I don't care what this guy has been caught with in the past. Whether it was mj, meth, or heroin, it doesn't matter. It doesn't make him a criminal. This time he got busted with cannabis, and the jury let him go. Maybe next time, he'll actually get help.
     
  11. I have a feeling this is going to start happening a lot more frequently.
     
  12. I sure as hell hope so. :metal:
     
  13. It sounded like the pot was a violation of parole. An equally important question:
    Do we want to send people BACK to prison for merely having jurisdiction over their body and can we afford to do so? I certainly don't care if an ex-con smokes some weed. I almost feel their potential violent tendencies might be mitigated to some extent via its use even.
     
  14. I would much prefer exconvicts use cannabis than drink alcohol. Alcohol is the devil that probably got them into trouble in the first place.
     
  15. Saw this on Huffington Post this morning! Totally sweet, too bad only criminal cases get juries so this type of awesome activism won't pertain to decriminalized states. :cool:
     
  16. This is really great news-I love it!!!!
     
  17. This is great news. its becoming clearer and clearer by the day that this disastrous policy of prohibition is on its last legs.

    from another article about this :“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 (the judge)
    :D
     

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