cannabisnews.com: Judge Overrules Pot Jury





Judge Overrules Pot Jury
Posted by CN Staff on June 15, 2002 at 11:48:06 PT
By Denny Walsh -- Bee Staff Writer
Source: Sacramento Bee
In an unprecedented action that stunned attorneys on both sides, a Sacramento federal judge tossed out a jury's guilty verdict in a marijuana-growing case and ordered a new trial.Despite the verdict and the government's evidence, "a serious miscarriage of justice may have occurred," U.S. District Judge Frank C. Damrell Jr. found Wednesday in a 21-page order.
It is a ruling that has far broader implications than the fate of the two defendants. The judge's findings go to the heart of a practice by U.S. Forest Service investigators and federal prosecutors that targets marginal players in the marijuana trade, defense attorneys said. That practice has been the subject of criticism by the region's defense lawyers for at least two years.Undocumented immigrants Miguel Navarro Viayra, 25, and Manuel Alvarez Guerra, 22, were arrested almost two years ago at a camp in the Mendocino National Forest and charged with conspiracy, manufacturing more than 1,000 marijuana plants, and possession of firearms to facilitate drug trafficking.Prosecutors portrayed them as opportunists who jumped at the chance to make a substantial amount of money growing pot.They insist they were lured to the camp under false pretenses, had no access to weapons, and were guarded day and night by armed men who threatened to kill them if they tried to escape.The jury found them guilty of conspiracy and manufacturing but deadlocked on the gun charges. They faced a minimum of 10 years in prison.It is an all-too-familiar scenario, said Quin Denvir, the Sacramento federal public defender. Young Mexican nationals eager for a living wage are duped into believing they will be doing honest work, only to find themselves hostage laborers for major marijuana growers in remote Northern California locations, he said."Too many of these guys who don't know each other are telling the same story," agreed Caro Marks, the assistant federal defender who represents Viayra.The government has several options in these situations, Denvir said. The immigrants can be deported, prosecuted for being in the country illegally, or prosecuted in state court as low-level offenders.But in the Sacramento-based Eastern District of California, the U.S. attorney's office treats them as big-time traffickers and subjects them to draconian penalties that Congress meant for kingpins, according to Denvir. Rarely do they go to trial, he said, because a guilty plea garners them less time behind bars.Denvir said federal prosecutors in Sacramento tout the harsh treatment as a deterrent. "There is no deterrent," he said. "Farm workers in this country and people in Mexico will never hear about these cases."U.S. Attorney John Vincent was on vacation and not available for comment. Executive Assistant U.S. Attorney Carolyn Delaney said the office would have no comment, either on its policies or Damrell's ruling.However, other sources said the reactions in the office range from astonishment to dismay.Snipped:Complete Article: http://www.sacbee.com/content/news/story/3216070p-4255574c.htmlSource: Sacramento Bee (CA)Author: Denny WalshPublished: Saturday, June 15, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/CannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
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Comment #2 posted by p4me on June 15, 2002 at 14:22:08 PT
Pardon me, your corruption is showing
There were 5 listings from a marijuana search at the New York Times for this Saturday. The only one that is significant has a local politician arrested for selling drugs at his business with allegations that people that competed with him had a tendency to get killed. It is the duty of a patriot to fight to eliminate the corruption from government: http://www.nytimes.com/aponline/national/AP-Councilman-Drugs.html1,2
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Comment #1 posted by Nuevo Mexican on June 15, 2002 at 12:35:27 PT
Here comes da judge!
I'll say it again, here comes' da judge, here comes da judge, here comes da judge, (as in Judgement Day). War is over, start celebrating, and when asked what are you celebrating, just say. 'War is over!' And thus, it will be!
Speak truth into reality, and the truth shall prevail! 
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