Missoula District Court: Jury pool in marijuana case stages ‘mutiny’

[cali]

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.


<snip>

http://billingsgazette.com/news/state-and-regional/montana/article_d6b1aaca-edfc-527f-ad11-f1691fdc6e3b.html

[bluestateguy]

1. Most people will do their civic duty to be on a jury if need be

But don't be surprised if people get mad at having their time wasted by cases involving mere non-violent drug possesion or prostitution involving consenting adults.

[villager]

2. Jury nullification may be the only way to end the idiotic "war on drugs"

Not that the PTB want people to know that "jury nullification" is within their power as citizens.

Not much is supposed to be within their powers as citizens anymore, anyway...

[grasswire]

6. yeah, a person can be arrested for passing out nullification leaflets...

...near a courthouse.

[wildbilln864]

8. really? what charge would that be?

I don't think that's right. :shrug:

[grasswire]

10. a few cases from wikipedia

Jerry Begly
In 2001, Jerry Begly was dismissed from the jury pool after a bailiff noticed he was passing out copies of the Citizens Rule Book, a jury rights publication. The bailiff confiscated the booklets from the recipients and Begly was charged with contempt of court.<19> The judge dropped the charges "in the interest of judicial economy."<20>

Frank W. Turney
In Turney v. State of Alaska, FIJA advocate Frank W. Turney was indicted by a grand jury for jury tampering and criminal trespass, and on interlocutory appeal, the Supreme Court of Alaska allowed the indictment to stand. While a felon in possession of a firearm case was underway, Turney allegedly told a juror, who was wearing a button identifying him as such, to call FIJA's telephone number and learn about his rights. According to court records:<21>

“ During deliberations the next day, Juror Ellis told other jurors that he had called the number, and that he was changing his vote. He told them that "I can vote what I want." He also told them that they should call the number...The jury announced the next morning that it could not reach a decision, and was excused. Jury Foreman Romersberger testified that two jurors had changed their votes to "not guilty" after speaking with Turney or calling the number, leaving the jury deadlocked at eight "guilty" votes to four "not guilty" votes. He testified that the jurors who had switched stated that "their conscience was greatly relieved, and they were going to vote their conscience." ”

After the verdict, Turney called in to a radio talk show to express his opinion that Hall should not have been prosecuted for possessing a concealable firearm since Hall previously had been convicted only of a non-violent felony. Turney's writ of habeas corpus was denied by the U.S. Court of Appeals for the Ninth Circuit.<22>

Julian Heicklen
Professor Julian Heicklen has been arrested multiple times by U.S. Department of Homeland Security federal police officers while distributing FIJA literature at the United States District Court for the Southern District of New York. After arrest he goes limp and falls face first to the ground. On at least one occasion was taken to the hospital by fire department medics. He is usually released from the hospital shortly thereafter and has signed his release form "John Galt" and "Ayn Rand."<23>

On May 25th, 2010 Julian was arrested again for refusing to stop handing out pamphlets at the US District Courthouse at 500 Pearl St the and was handed over to the NYPD. Due to previous failures to appear in court his bail was remanded. He stayed at Riker's Island till June 8th, 2010 when his arraignment was held.<24>

A fellow activist, George Donnelly, was arrested for filming on federal property without permission while recording Mr. Heicklen's November 9th, 2009 arrest.<25> Protests were held against his prosecution.<26> Heicklen has continued his FIJA activism in spite of the arrests.<27> Heicklen had been arrested in 1998 for publicly smoking cannabis.<28>

Other
A 26-year-old man was acquitted on obstruction of justice charges stemming from his distribution of FIJA literature at the Perry County, Pennsylvania courthouse in 1994.<29> In 1996, a 53-year-old man was arrested for passing out FIJA pamphlets to prospective jurors at the Clark County, Nevada courthouse.<30> In 1995, a 51-year-old mother was charged with jury tampering for papering the windshields of cars near the federal courthouse with FIJA literature when her son was on trial and facing a heavy mandatory minimum sentence for drug offenses.<31>

[wildbilln864]

12. thank you grasswire.. nt

:patriot:

[wildbilln864]

3. jury nullification? nt

[grasswire]

4. the constitutionally allowed right of a jury to judge the law as well as...

...the facts of the case. The last, most precious protection of the American citizen against tyranny.

www.fija.org

Fully Informed Jury Association.

[villager]

7. thanks, Grasswire! I'm sure our "leaders" are trying to figure out how to strip away

...that last tattered right, as well...

[grasswire]

5. from the FIJA website today

"If you find the story about the Missoula jury pool refusal to enforce a bad law to be refreshing, you will be glad to learn that this honorable tradition by juries goes back to the Magna Carta. It is one of the rights used by the People to keep any government from being able to enforce bad laws. Jurors can veto bad laws by refusing to convict.

Jurors have refused to convict those violating the federal Fugitive Slave Act, which made it a crime to assist a slave running to freedom. Another example is Prohibition-era jurors refusing to convict people who had whiskey in their possession. Recently, jurors have refused to convict peaceful gun owners, war protesters, tax protesters, and alternative medical therapy patients.

Before the 1900s, almost every juror knew that the right to veto bad laws was their birthright in this nation. It is a legal function of juries to veto corrupt laws passed by corrupt politicians and enforced by corrupt government employees—just as this Missoula jury pool did. People are no longer taught about this right, but the right still exists.

Judges often instruct jurors that the judge decides matters of law, and the jury only decides matters of fact. The judge is either ignorant of the truth, or lying. In all jury cases, whether to protect our right to self-defense, or to protect our absolute ownership of our bodies and what we do with them—as long as we aren’t harming any other person—jurors can and must refuse to convict under bad laws violating human rights. And a juror cannot be punished for a verdict, or required to explain their vote to acquit. It is the absolute right of jurors to vote to acquit, and by that action prevent the enforcement of corrupt, unpopular, outdated, or unjust laws.

What is especially outstanding about the Missoula jury pool is that these many people, all chosen at random, came before a court and let the government know that the independent People disapprove of government employee actions which waste the hard-earned money of taxpayers to indulge the whims of ambitious government employees. It’s about time we teach government employees to spend our money more wisely.

Remember when serving on a jury that if there is no harm to another person, there is no crime. As a juror, we each have the human right to refuse to enforce corrupt laws passed by corrupt politicians. Our refusal to convict is our veto power.

Iloilo Marguerite Jones
Fully Informed Jury Association
American Jury Institute
FIJA.org

[lonestarnot]

9. cU.

[Kennah]

11. Despite my hope to be called for jury duty for decades ...

... I finally received jury duty notice in 2006. Didn't make it onto a jury--was removed by the prosecution during preemptory challenge phase--but I got to observe quite a bit.

I learned if one was selective and careful with one's words, one could increase the chances that one made it onto a jury.

I think that we live in the age of DADT for jury nullification.

[wildbilln864]

13. and a kick! nt

[kath]

14. Mega-mega kudos to those potential jurors!

I think we're going to be called upon to challenge bad laws more and more frequently as our society closes down...

[grasswire]

15. kick

this is a huge story

[grasswire]

16. kicking because someone posted this story on LBN...

...and it was locked. Just want to push it to the top so people can see it. Important story!