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Jury pool in marijuana case stages ‘mutiny’
Billings (MT) Gazette ^ | 19 December 2010 | Gwen Florio

Posted on 12/22/2010 8:01:24 PM PST by Notary Sojac

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Holy cow!!! The system works!!!
1 posted on 12/22/2010 8:01:30 PM PST by Notary Sojac
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To: Notary Sojac

Yeah, with more work like this they can become like California soon.

“Because the case never went to trial, members of the jury pool didn’t know that Cornell’s neighbors had complained to police that he was dealing from his South 10th Street West four-plex, according to an affidavit in the case. After one neighbor reported witnessing an alleged transaction between Cornell and two people in a vehicle, marijuana was found in the vehicle in question.

The driver and passenger said they’d bought it from Cornell, the affidavit said. A subsequent search of his home turned up some burnt marijuana cigarettes, a pipe and some residue, as well as a shoulder holster for a handgun and 9mm ammunition. As a convicted felon, Cornell was prohibited from having firearms, the affidavit noted.

Cornell admitted distributing small amounts of marijuana and “referred to himself as a person who connected other dealers with customers,” it said. “He claimed his payment for arranging deals was usually a small amount of marijuana for himself.”

Potential jurors also couldn’t know about Cornell’s criminal history, which included eight felonies, most of them in and around Chicago several years ago. According to papers filed in connection with the plea agreement, Cornell said he moved to Missoula to “escape the criminal lifestyle he was leading,” but he’s had a number of brushes with the law here.

Those include misdemeanor convictions for driving while under the influence and driving with a suspended license, and a felony conviction in August of conspiracy to commit theft, involving an alleged plot last year to stage a theft at a business where a friend worked, the papers said. He was out on bail in that case when the drug charges were filed.

In sentencing him Friday, Deschamps referred to him as “an eight-time loser” and said, “I’m not convinced in any way that you don’t present an ongoing threat to the community.”

Deschamps also pronounced himself “appalled” at Cornell’s personal life, saying: “You’ve got no education, you’ve got no skills. Your life’s work seems to be going out and impregnating women and not supporting your children.”

The mother of one of those children, a 3-month-old named Joy who slept through Friday’s sentencing, was in the courtroom for Friday’s sentencing. Cornell sought and received permission to hug his daughter before heading back to jail.

Deschamps sentenced Cornell to 20 years, with 19 suspended, under Department of Corrections supervision, to run concurrently with his sentence in the theft case. He’ll get credit for the 200 days he’s already served. The judge also ordered Cornell to get a GED degree upon his release.

“Instead of being a lazy bum, you need to get an education so you can get a decent law-abiding job and start supporting your family,” he said.

Normally, Paul said after the sentencing, a case involving such a small amount of marijuana wouldn’t have gone this far through the court system except for the felony charge involved.”


2 posted on 12/22/2010 8:05:26 PM PST by ansel12 (Lonnie, little by little the look of the country changes, because of the men we admire.)
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To: Notary Sojac

good
an incredible waste of time and money


3 posted on 12/22/2010 8:06:17 PM PST by cowtowney
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To: ansel12

Maybe he should be charged and tried for the serious offenses they are claiming he committed. If we want small government, we can’t be prosecuting and jailing folks for the dead plants they have in their dresser drawers.


4 posted on 12/22/2010 8:12:13 PM PST by Walts Ice Pick
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To: Notary Sojac

Now if it would work for a true injustice such as the cost-is-no object hounding and torture from the IRS, DOL, EPA, OSHA etc.

If only we could hope to have a jury trial and have confidence they would mutiny on this kind of thing.


5 posted on 12/22/2010 8:16:06 PM PST by Sequoyah101 (Half of the population is below average)
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To: cowtowney
The cops should have done a controlled buy/bust instead.

If I was his neighbors that originally complained to the police regarding drug sales out of the home I would be a bit ticked. Nothing like having a convicted felon with a gun living next to you dealing marijuana.

6 posted on 12/22/2010 8:16:37 PM PST by USNBandit (sarcasm engaged at all times)
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To: ansel12

“Deschamps also pronounced himself “appalled” at Cornell’s personal life, saying: “You’ve got no education, you’ve got no skills. Your life’s work seems to be going out and impregnating women and not supporting your children.””

The really appalling thing is the number of women out there who will throw themselves at such a man.


7 posted on 12/22/2010 8:18:37 PM PST by BlazingArizona
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To: Notary Sojac
It's called jury nullification. Any juror can judge the law rather than the defendant if that's what he/she decides to do.
8 posted on 12/22/2010 8:18:39 PM PST by E. Pluribus Unum (DEFCON I ALERT: The federal cancer has metastasized. All personnel report to their battle stations.)
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To: Walts Ice Pick

You read post 2, and you think that Montanans should be happy because after all, he only had some dead plants in his dresser drawer.

They are heading into the California direction of decline if this California type breakdown continues.


9 posted on 12/22/2010 8:18:52 PM PST by ansel12 (Lonnie, little by little the look of the country changes, because of the men we admire.)
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To: Notary Sojac

At least 95% of the people in jail for marijuana fall into one of these categories:

(1) Parole or probation violation
(2) Previous felony conviction
(3) Pleaded down from a more serious charge
(4) Resisting arrest
(5) Reckless driving or DUI

The number of recreational (but otherwise law abiding) users in jail is close to zero.


10 posted on 12/22/2010 8:23:36 PM PST by zeestephen
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To: ansel12
I read post 2 and suggested that if they think the fella is guilty of any of the serious stuff alleged and that he deserves punishment for any of that serious stuff, then they should prosecute him for that serious stuff. With all the terrible things they say he's guilty of, why did they prosecute him for dead plants?

Montanans can't be happy with seeing their government waste money prosecuting dead plant cases. In fact, the Montanans involved in this case demonstrated that unhappiness.

11 posted on 12/22/2010 8:24:05 PM PST by Walts Ice Pick
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To: ansel12
I read post 2 and suggested that if they think the fella is guilty of any of the serious stuff alleged and that he deserves punishment for any of that serious stuff, then they should prosecute him for that serious stuff. With all the terrible things they say he's guilty of, why did they prosecute him for dead plants?

Montanans can't be happy with seeing their government waste money prosecuting dead plant cases. In fact, the Montanans involved in this case demonstrated that unhappiness.

12 posted on 12/22/2010 8:24:07 PM PST by Walts Ice Pick
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To: USNBandit
If I was his neighbors that originally complained to the police regarding drug sales out of the home I would be a bit ticked. Nothing like having a convicted felon with a gun living next to you dealing marijuana.

I see this as an example of what happens when the law becomes too frivolous and broad. Normally, a group of regular citizens would probably be ready to convict, in a heartbeat, a felon in possession of a handgun, dealing drugs. However, because they've seen too many abuses of the law, where otherwise law-abiding men get chucked in prison just for possessing some weed to get high with their friends, those same citizens now have no respect for the law and no trust in law enforcement. As soon as they find out that the guy was found only with a 16th on him, they say "Oh, this is just another sham prosecution for some harmless fun" and they chuck the whole thing.

When the law becomes overbearing and unreasonable, people lose respect for ALL of the law, not just the overbearing and unreasonable parts.
13 posted on 12/22/2010 8:25:27 PM PST by fr_freak
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To: fr_freak
Sounds like the guy has a long criminal record. I wouldn't be surprised if the only reason the DA brought the charges is that it started with a citizen's complaint.

The police blew the bust by not catching the guy with distribution weight, but they won't have to wait long. This guy is career criminal and will be back in the system soon enough.

14 posted on 12/22/2010 8:30:01 PM PST by USNBandit (sarcasm engaged at all times)
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To: Walts Ice Pick

When you grow up and quit using the phrase “dead plants” as if it is some brilliant Jedi mind trick, then read the article again.

Those potential jurors were suckered.

“Potential jurors also couldn’t know about Cornell’s criminal history, which included eight felonies, most of them in and around Chicago several years ago. According to papers filed in connection with the plea agreement, Cornell said he moved to Missoula to “escape the criminal lifestyle he was leading,” but he’s had a number of brushes with the law here.

Those include misdemeanor convictions for driving while under the influence and driving with a suspended license, and a felony conviction in August of conspiracy to commit theft, involving an alleged plot last year to stage a theft at a business where a friend worked, the papers said. He was out on bail in that case when the drug charges were filed.

In sentencing him Friday, Deschamps referred to him as “an eight-time loser” and said, “I’m not convinced in any way that you don’t present an ongoing threat to the community.”

Deschamps also pronounced himself “appalled” at Cornell’s personal life, saying: “You’ve got no education, you’ve got no skills. Your life’s work seems to be going out and impregnating women and not supporting your children.”


15 posted on 12/22/2010 8:32:28 PM PST by ansel12 (Lonnie, little by little the look of the country changes, because of the men we admire.)
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To: Notary Sojac
“It’s kind of a reflection of society as a whole on the issue,” said Deschamps. Which begs a question, he said.

To beg a question means to evade a question. It does not mean to raise or elicit a question.

Sorry. Pet peeve of mine. The guy's a prosecutor too.

16 posted on 12/22/2010 8:33:17 PM PST by SeeSharp
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To: Notary Sojac

“Deschamps said he’s never seen anything like it.”

The judge has never heard of `jury nullification’?
Gee, there was a case about 10-15 years ago where a retired sports star nearly cut the heads off his ex-wife and her boyfriend, and they practically had him killing both of them on videotape ...
But the jury said, “You walk on out of here with yo’ bad self!”


17 posted on 12/22/2010 8:34:16 PM PST by tumblindice (Out with Lugar, in with Pence)
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To: Notary Sojac
I always thought that a simple possession charge was just a bargaining chip for the prosecution, something usually thrown out for the more serious charges by the time a case goes to trial.
18 posted on 12/22/2010 8:36:25 PM PST by Hillarys Gate Cult
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To: BlazingArizona
The really appalling thing is the number of women out there who will throw themselves at such a man.

The jurors threw themselves at him too.

A few more thousands like him moving into the state, mixed with these type citizens, and it will become California all over again.

19 posted on 12/22/2010 8:36:43 PM PST by ansel12 (Lonnie, little by little the look of the country changes, because of the men we admire.)
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To: zeestephen

Where are you statistics to back this up?


20 posted on 12/22/2010 8:40:20 PM PST by al_again2010
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