Potential Montana Jurors Stage ‘Mutiny’ in Pot Case
By Associated Press , 12-19-10
MISSOULA – Potential jurors staged a "mutiny" during a felony drug case, a Missoula County prosecutor says, and authorities worry the result will be viewed as a game-changer when it comes to future attempts at prosecuting drug cases in Montana.
Nearly all 27 Missoula County residents during the jury selection process on Thursday told District Court Judge Dusty Deschamps there was no way they would convict anybody of having a couple of buds of marijuana.
"I thought, 'Geez, I don't know if we can seat a jury,'" said Deschamps, who called a recess.
The case involved Touray Cornell, whose criminal history includes numerous felony convictions and in his latest case faced a felony charge of criminal distribution of dangerous drugs.
That charge stemmed from an April 23 search of his home following complaints from neighbors he was selling drugs. Police said they found burnt marijuana cigarettes, a pipe and some residue.
An affidavit said Cornell admitted to distributing small amounts of marijuana and connecting other dealers with customers, getting small amounts of marijuana for himself as payment.
At the time of his arrest Cornell was out on bail on a charge of felony conspiracy to commit theft, of which he was convicted in August.
During the recess called by Deschamps on Thursday, Deputy Missoula County Attorney Andrew Paul worked out a plea agreement with the defense.
"A mutiny," Paul told the Missoulian in describing the actions of the potential jurors.
"Bizarre," said Cornell's defense attorney, Martin Elison.
(snipped)
http://www.flatheadbeacon.com/artic...ontana_jurors_stage_mutiny_in_pot_case/21094/
He ended up taking a deal which got him 1 year in jail with 200 days of credit for time served. Jury nullification is a good thing!
POWER TO THE PEOPLE!
By Associated Press , 12-19-10
MISSOULA – Potential jurors staged a "mutiny" during a felony drug case, a Missoula County prosecutor says, and authorities worry the result will be viewed as a game-changer when it comes to future attempts at prosecuting drug cases in Montana.
Nearly all 27 Missoula County residents during the jury selection process on Thursday told District Court Judge Dusty Deschamps there was no way they would convict anybody of having a couple of buds of marijuana.
"I thought, 'Geez, I don't know if we can seat a jury,'" said Deschamps, who called a recess.
The case involved Touray Cornell, whose criminal history includes numerous felony convictions and in his latest case faced a felony charge of criminal distribution of dangerous drugs.
That charge stemmed from an April 23 search of his home following complaints from neighbors he was selling drugs. Police said they found burnt marijuana cigarettes, a pipe and some residue.
An affidavit said Cornell admitted to distributing small amounts of marijuana and connecting other dealers with customers, getting small amounts of marijuana for himself as payment.
At the time of his arrest Cornell was out on bail on a charge of felony conspiracy to commit theft, of which he was convicted in August.
During the recess called by Deschamps on Thursday, Deputy Missoula County Attorney Andrew Paul worked out a plea agreement with the defense.
"A mutiny," Paul told the Missoulian in describing the actions of the potential jurors.
"Bizarre," said Cornell's defense attorney, Martin Elison.
(snipped)
http://www.flatheadbeacon.com/artic...ontana_jurors_stage_mutiny_in_pot_case/21094/
He ended up taking a deal which got him 1 year in jail with 200 days of credit for time served. Jury nullification is a good thing!
POWER TO THE PEOPLE!
