Yeah, with more work like this they can become like California soon.
Because the case never went to trial, members of the jury pool didnt know that Cornells 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 theyd 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 couldnt know about Cornells 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 hes 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, Im not convinced in any way that you dont present an ongoing threat to the community.
Deschamps also pronounced himself appalled at Cornells personal life, saying: Youve got no education, youve got no skills. Your lifes 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 Fridays sentencing, was in the courtroom for Fridays 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. Hell get credit for the 200 days hes 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 wouldnt have gone this far through the court system except for the felony charge involved.
good
an incredible waste of time and money
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.
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.
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.
“Deschamps said hes 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!”
This is what juries need to start doing in firearms cases such as the one in NJ where the guy got 7 years for legally transporting firearms legally purchased.
Anyone who has committed eight felonies should never leave prison again, I don’t care if it was for tearing tags off mattresses. Or better yet, just hang him.
The judge should have dismissed the jury pool and started with a new one.