cannabisnews.com: Federal Judge Overrules Guilty Verdict in Pot Case Federal Judge Overrules Guilty Verdict in Pot Case Posted by CN Staff on June 15, 2002 at 14:47:33 PT By The Associated Press Source: Associated Press A federal judge has ordered a new trial for two undocumented Mexican immigrants convicted of growing more than 1,000 marijuana plants in northern California. U.S. District Judge Frank C. Damrell, Jr.'s ruling overturned jury verdicts that could have sent Miguel Navarro Viayra, 25, and Manuel Alvarez Guerra, 22, to prison for 10 years. Both were arrested two years ago at a remote Mendocino National Forest camp and charged with conspiracy, manufacturing marijuana plants and possessing firearms to facilitate drug trafficking. A jury found the two guilty of conspiracy and manufacturing, but deadlocked on the gun charges. The judge's ruling bolsters a popular defense argument that undocumented immigrants, believing themselves recruited for honest work, become hostage laborers for major marijuana growers. Federal prosecutors had portrayed the pair as opportunists trying to make fast money growing pot. Viayra and Guerra told jurors they had no access to weapons and faced armed guards who promised to shoot them if they tried to leave. Viayra said he was hired in Fresno for a Sacramento construction job. Guerra said, while in Mexico, he was offered a job cutting wood in northern California. The two were stripping marijuana leaves the day before their arrest. In Damrell's 21-page ruling issued Wednesday, he noted "the lack of direct evidence connecting these defendants to the weapons and ammunition, and circumstances of these two young, virtually penniless, likely illiterate, and illegal (immigrants) who were found abandoned in a remote camp in the wilderness with apparently no idea where they were." The two were sleeping when 10 law enforcement officers raided the site. Nearly 20 others, including the growers, fled without being caught, court testimony indicated. Damrell's ruling also questioned contentions that the two could have freely left the camp. If they had left, he wrote, "where could they have gone?" Prosecutors offered no comment on the ruling. Their options include appealing Damrell's decision, retrying the case or dismissing charges. Complete Title: Federal Judge Overrules Jury's Guilty Verdict in Pot Case Source: Associated PressPublished: Saturday, June 15, 2002 Copyright: 2002 Associated Press Related Article:Judge Overrules Pot Jury http://cannabisnews.com/news/thread13141.shtmlCannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by Zero_G on June 16, 2002 at 08:11:00 PT "alla land"? Somebody said recently that we should start charging the prosecutors with ethical infractions, for violating the law of the land or something-just don't go to alla land and start getting violent-that is the feds exclusive province, and it's not very fun! Excuse me if I misunderstand, however, if you are implying that most moslems are violent, I beg to differ......and I beg you to rethink this underlying prejudice.There is violence aplenty in the world, and we export more than our share, directly and through arms sales and proxie wars. Which you seem to recognize by your "feds exclusive province" comment.Good points on judicial process though. Personally, I'd love to see former drug prosecutors sentenced to community service in hospices, helping those they formerly hunted. [ Post Comment ] Comment #3 posted by paul peterson on June 15, 2002 at 22:59:16 PT: el toonces-judicial nullification! NICE TOUCH JUDICIAL NULLIFICATION-WONDERFUL CREATIVITY! Remember when Justice Breyer suggested (he's one of those California boys I think, that did in the club scene lately) 4/18 that maybe he should consider the implications of jury nullification? I figured that was a populist judge position to do a "fiction" to overrule (and correct) a populist "fiction" ie: the nullification of the nullifiction! You've just met mine and raised it a chip or two- and those are the gold chips, not those cheesy little red ones! So what are the federallies gonna do to overrule the judges that overrule the juries that overrule the rules? They will have to ask for a "change of venue" to another jurisdiction, where they might be able to get a "fair shake" for the "rule of law", yeah, that's right, the law that was voted out my you'se guys out there in the west coast, the rule of law that most juries now know how to overrule, the overruling that the judges will overrule (if they can't use the "injunction" route, and if the judge doesn't use "judicial nullification first", then the judge might use "judicial nullification" later, oh well, you got the picture. Somebody said recently that we should start charging the prosecutors with ethical infractions, for violating the law of the land or something-just don't go to alla land and start getting violent-that is the feds exclusive province, and it's not very fun! Think about how bad these DEA guys feel when they go home and tell their wives and kids they just put some poor sots in jail for smoking what just about every normal kid keeps hidden in his pillow case, oh well. Nice show again. And keep up the good work. PAUL http://illinois-mmi.org [ Post Comment ] Comment #2 posted by p4me on June 15, 2002 at 16:35:12 PT Is the tide going out? Well I am glad to see the peasants did not consume $400,000 dollars over the next ten years in a California jail. I wanted to mention an excellent article at Salon.com originally published on Wednesday, June 12, 2002 in The Hill (Capitol Hill)and titled "Congress Can No Longer Ignore Corporate Control of the Media." by US Rep Bernie Sanders"- http://www.commondreams.org/views02/0615-03.htmThe employment news from Catawba County came from the largest employer, Corning Cable, when they announce 500 of the 2000 employees will soon no longer be employees. On the bright side Iredell County newspaper at Statesville.com announced that 600 applicants have applied for 60 $6 an hour jobs at the new Big Lots. You can count on most of those being part-time jobs without benefits to reduce payroll expenses. The prohibitionist wall may stand but people are starting to scream for the crooks to open the gates and by crooks I mainly mean Congress.1,2 [ Post Comment ] Comment #1 posted by el_toonces on June 15, 2002 at 15:04:57 PT: Finally, federal judges figure it out..... ....that they have almost zero say in sentencing, but they do have nearly absolute authority over the "findings of fact", even when a jury hears the case. A judge can always overrule the jury's findings of facts, of course subject to apellate review. But "judicial nullification" [my lame term for it] may prove to be as popular as jury nullification if more federal judges, who mostly hate the draconian nature of the drug laws, figure out what seems to have happened here.Can't believe it's the anniversary of Peter's death again:( [ Post Comment ] Post Comment