Posted on 12/22/2010 8:01:24 PM PST by Notary Sojac
A funny thing happened on the way to a trial in Missoula County District Court last week.
Jurors – well, potential jurors – staged a revolt.
They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs.
The tiny amount of marijuana police found while searching Touray Cornell’s home on April 23 became a huge issue for some members of the jury panel.
No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce.
In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul.
District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections.
“I thought, ‘Geez, I don’t know if we can seat a jury,’ ” said Deschamps, who called a recess.
And he didn’t.
During the recess, Paul and defense attorney Martin Elison worked out a plea agreement. That was on Thursday.
On Friday, Cornell entered an Alford plea, in which he didn’t admit guilt. He briefly held his infant daughter in his manacled hands, and walked smiling out of the courtroom.
“Public opinion, as revealed by the reaction of a substantial portion of the members of the jury called to try the charges on Dec. 16, 2010, 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,” according to the plea memorandum filed by his attorney.
“A mutiny,” said Paul.
“Bizarre,” the defense attorney called it.
In his nearly 30 years as a prosecutor and judge, Deschamps said he’s never seen anything like it.
*****
“I think that’s outstanding,” John Masterson, who heads Montana NORML (National Organization for the Reform of Marijuana Laws), said when told of the incident. “The American populace over the last 10 years or so has begun to believe in a majority that assigning criminal penalties for the personal possession of marijuana is an unjust and a stupid use of government resources.”
Masterson is hardly an unbiased source.
On the other hand, prosecutor, defense attorney and judge all took note that some of the potential jurors expressed that same opinion.
“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.
The attorneys and the judge all noted Missoula County’s approval in 2006 of Initiative 2, which required law enforcement to treat marijuana crimes as their lowest priority – and also of the 2004 approval of a statewide medical marijuana ballot initiative.
And all three noticed the age of the members of the jury pool who objected. A couple looked to be in their 20s. A couple in their 40s. But one of the most vocal was in her 60s.
“It’s kind of a reflection of society as a whole on the issue,” said Deschamps.
Which begs a question, he said.
Given the fact that marijuana use became widespread in the 1960s, most of those early users are now in late middle age and fast approaching elderly.
Is it fair, Deschamps wondered, in such cases to insist upon impaneling a jury of “hardliners” who object to all drug use, including marijuana?
“I think that poses a real challenge in proceeding,” he said. “Are we really seating a jury of their peers if we just leave people on who are militant on the subject?”
Although the potential jurors in the Cornell case quickly focused on the small amount of marijuana involved, the original allegations were more serious – that Cornell was dealing; hence, a felony charge of criminal distribution of dangerous drugs.
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.
But the small detail in this case may end up being a big game-changer in future cases.
The reaction of potential jurors in this case, Paul said, “is going to be something we’re going to have to consider.”
I'll put together some exact citations for you over Xmas weekend.
In the meantime, perhaps some common sense and personal experience may help.
Within the last ten years I've attended HempFests in Seattle and Oregon and a SmokeIn at the University of Colorado.
Local police wandered openly among the crowds, and did nothing.
Also, can you name any well known person who went to jail for user amounts of marijuana?
Of course not.
Can you name one of your neighbors or classmates who went to jail for user amounts?
Of course not.
Oh, and if you do think of any, two can play the citation game - send me the names and court venues so I can look up the trial transcripts and see what other crimes they committed.
Have you seen any Cop reality shows that feature sting operations against people for user amounts?
Of course not.
In fact, I've seen Cop shows where they make people dump their baggies on the street or in the toilet.
Bottom line - the whole “Libertarian Outrage” thing over marijuana is based on political emotion, not fact.
By the way, I smoked weed almost every day from 1970 to 1990, and I loved every hit.
Why did I quit?
I grew up.
Took a while, but I did grow up.
I am interested in seeing that too.
what?
In that case we should do it.
There should not be laws which are enforced based upon the personal discretion of the police.
Neither should we give prosecutors the option to use victimless crimes as a "handle" to arrest people when they suspect a more serious crimes but don't have the evidence (which appears to be the case in this Montana bust).
We'd be better off to bust everybody with a single bud on their possession and clog up the courts with those cases (including all the doctors', lawyers', city officials', and cops' kids). It would force awareness of the real implications of the law.
What happened top the question “Anything to verify its fact not just your imagination”?
Guessing proof is in the pudding.
Merry Christmas!
You didn't read - or understand - the very first sentence in my reply:
“I'll put together some exact citations for you over Xmas weekend.”
So, after a long afternoon nap, I Googled the FBI, Department of Justice, and DEA websites.
Tough work, but someone has to do it.
(1) Roughly 100,000 drug offenders are incarcerated in Federal prisons.
95% for drug dealing.
5% (5,000) of them for drug possession.
That 5,000 includes possession for ALL drug types, not just marijuana.
Sources: William J. Sabol, Bureau of Justice Statistics, Department of Justice, December 2008, page 22, Appendix Table 12 - Christopher Mumola, Department of Justice, October 2006, page 4
(2) I did multiple search titles for info on first time offenders serving time for possession of user amounts of marijuana in federal prisons.
I can find no record that any such prisoners exist.
(3) Roughly 255,000 drug offenders are held in state prisons.
Source: William J. Sabol, “Prisoners in 2007,” Department of Justice, December 2008, page 21, Appendix Table 10
(4) Only 4,000 state prisoners are incarcerated for marijuana possession.
There is no data on the quantity of marijuana they possessed, or if they had previous convictions.
I can find no data that indicates any of those state prisoners are first time offenders who possessed user amounts of marijuana.
Source: DEA, 2008 Marijuana Sourcebook, page 10
(5) According to NORML.org, there were 860,000 marijuana arrests in 2009.
I can find dozens of links on NORML’s website to stories about peaceful, law abiding dealers going to jail.
I cannot find one link on NORML to any story about peaceful, law abiding users going to jail for possession of small amounts of marijuana.
Let's do the math.
There were 860,000 arrests for marijuana in 2009.
At most, there were 6,000 federal and state prisoners serving time for marijuana possession.
I stand by my original statement, Dusty....
“The number of recreational (but otherwise law abiding) users in jail is close to zero.”
Appears your report dispels your original contention.
“Appears your report dispels your original contention.”
If you back that up with a coherent argument I’ll be happy to respond.
(1) Roughly 100,000 drug offenders are incarcerated in Federal prisons.
95% for drug dealing.
5% (5,000) of them for drug possession.
That 5,000 includes possession for ALL drug types, not just marijuana.
Sources: William J. Sabol, Bureau of Justice Statistics, Department of Justice, December 2008, page 22, Appendix Table 12 - Christopher Mumola, Department of Justice, October 2006, page 4
(2) I did multiple search titles for info on first time offenders serving time for possession of user amounts of marijuana in federal prisons.
I can find no record that any such prisoners exist.
(3) Roughly 255,000 drug offenders are held in state prisons.
Source: William J. Sabol, “Prisoners in 2007,” Department of Justice, December 2008, page 21, Appendix Table 10
(4) Only 4,000 state prisoners are incarcerated for marijuana possession.
There is no data on the quantity of marijuana they possessed, or if they had previous convictions.
I can find no data that indicates any of those state prisoners are first time offenders who possessed user amounts of marijuana.
Source: DEA, 2008 Marijuana Sourcebook, page 10
(5) According to NORML, there were 860,000 marijuana arrests in 2009.
I can find dozens of links on NORML’s website to stories about peaceful, law abiding dealers going to jail.
I cannot find one link on NORML to any story about peaceful, law abiding users going to jail for possession of small amounts of marijuana.
Source: NORML.org
Bottom line...
There were 860,000 arrests for marijuana in 2009.
At most, there were 6,000 federal and state prisoners serving time for marijuana possession.
I cannot find one citation that even one of those 6,000 prisoners was a first time offender with user amounts of marijuana.
I stand by my original statement:
“The number of recreational (but otherwise law abiding) users in jail is close to zero.”
You make several good points.
In many urban areas close to 40% of the prisoners in city or county lockup are drug possession cases.
Police use it as prima facie evidence for arrest.
Prosecutors use it as a negotiating tool.
You may actually be an idiot.
But your posts are boring and stupid as all get out.
Unlike Walt, I don't like you, judging from your idiotic, hyperbolic inanities.
Pretty soon it will be only douchebags like you left here, and the few new sign-ups who take a little longer to get bored with your stupid ad hominems.
I literally don't know how you can sincerely post the crap you do. Your whole family should be ashamed of you.
My post has stirred great passion in you, thanks for recording such a strong and deeply felt response as you made to me.
Ever hear the old saying about why one should not wrestle with a pig? Stay out of the sty, FRiend.
Your stats may well be right. In that case, I stand by my contention that a law against personal possession of small quantities is a law which the police and prosecutors choose to enforce or not enforce at their individual discretion. No such laws should exist in a free republic.
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