Here is a strange and funny incident that happened in Missoula County District Court, Montana, in December 2010 when the Jurors – well, potential jurors – revolted. They took the law into their own hands and made it clear they weren’t about to convict anybody for having a small amount of marijuana.
The case involved Touray Cornell who faced felony charges. 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.
The charge stemmed from an April 23, 2010 search of his home following complaints from neighbors he was selling drugs. Police said they found 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. 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 payoff.
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. misdemeanor convictions for driving while under the influence and driving with a suspended license, and a felony conviction of conspiracy to commit theft. However, 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.
Nearly all 27 Missoula County residents during the jury selection process told District Court Judge Dusty Deschamps there was no way they would convict anybody of having a couple of buds of marijuana. The potential jurors in the case ranged in age from their 20s to their 60s, with one of the most vocal in her 60s. In fact, one juror wondered why the county was wasting time and money prosecuting the case at all,
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. Wondering whether he can seat a jury, Judge Deschamps called a recess.
During the recess, County Attorney Andrew Paul worked out a plea agreement with the defense. In the plea memorandum filed by Elison, he noted that public opinion “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.”
The attorneys and the judge also 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.
As a result, Touray Cornell entered an Alford plea, meaning he does not admit guilt but acknowledges there is enough evidence to convict him. Judge Deschamps then sentenced him to 20 years in prison with 19 suspended, to be served concurrently with his sentence in the theft case. Cornell was given credit for the 200 days he has already served. The judge also ordered Cornell to get a GED degree upon his release.
Every body was astonished with the reaction of the jury and this is what they had to say:
“A mutiny,” said Deputy Missoula County Attorney Andrew Paul.
“Bizarre,” the defense attorney Martin Elison called it.
In his nearly 30 years as a prosecutor and judge, Judge Deschamps said he’s never seen anything like it. “It’s kind of a reflection of society as a whole on the issue,” said Deschamps 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.
