Missoula District Court: Jury Pool In Marijuana Case Stages ‘Mutiny’

[DeSwiss]

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

By GWEN FLORIO of the Missoulian missoulian.com | Posted: Sunday, December 19, 2010 6:30 am

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.

http://missoulian.com/news/local/article_464bdc0a-0b36-11e0-a594-001cc4c03286.html">More

[bluestateguy]

1. I herd abvout this

That was cool.

No time for spel check.

[ohheckyeah]

2. LOL

very cool.

[Tunkamerica]

3. I think it's bizarre that they think it's bizarre.

[Xicano]

4. +100

:patriot:

[calimary]

5. Kick!

[calimary]

6. Dupe - sorry.

But even so! I hope we have more potential jury pools like this.

[Cirque du So-What]

7. Jury nullification is a de facto & traditional power of juries

It's highly unethical - and possibly illegal - for lawyers & judges to characterize this action as 'mutiny.' To HELL with those who view themselves as demigods in the legal sphere!

[Peace Patriot]

8. "We the People" don't need no stinkin' badges!

(I know, I know! That scene kind of cast aspersions on Mexicans as "banditos"--but it's such a great phrase!)

:bounce:

[Capitalocracy]

9. Awesome. nt

[LiberalLoner]

10. Missoula is such a cool town. :) n/t k&r

[cali]

11. I posted this story a couple of days ago. I have mixed feelings about it

the guy has multiple felonies and there was quite a bit that didn't make it into evidence. this wasn't just about busting a guy for a small amount of pot.