cannabisnews.com: Jury is Chosen in Testy Pot Trial





Jury is Chosen in Testy Pot Trial
Posted by CN Staff on June 27, 2002 at 10:04:14 PT
By Denny Walsh -- Bee Staff Writer
Source: Sacramento Bee 
Sparks continued to fly Wednesday over whether marijuana defendant Bryan James Epis is tampering with his trial jury through street advocacy by demonstrators outside Sacramento's federal courthouse.A jury of eight women and four men was finally selected after a daylong process, but prosecutors claim that, unless extraordinary measures are employed, the panel will be tainted by demonstrators' signs decrying the 10-year minimum prison term Epis faces if convicted.
Other signs displayed by activists on the sidewalk across Fifth Street from the courthouse target what is described as federal "trampling" of medical marijuana laws and states' rights.The trial has erupted into a battle between advocates of California's initiative-driven law allowing medical use of marijuana on a doctor's recommendation and officials who enforce the federal ban on pot for any purpose.Epis, 35, was a founder of and supplier for Chico Medical Marijuana Caregivers. He is charged with conspiring to manufacture at least 1,000 plants and manufacturing at least 100 plants -- all within 1,000 feet of Chico Senior High School.Epis claims he never profited from pot and only provided it to seriously ill patients who had a doctor's recommendation.His is the first federal criminal case involving a cannabis buyers' club to go to trial. But U.S. District Judge Frank C. Damrell Jr. has ruled that, in conformance with a recent U.S. Supreme Court opinion, Epis will not be able to present medical-necessity evidence.Assistant U.S. Attorney Samuel Wong scoffs at Epis' health-care contentions, saying Epis was growing marijuana before the 1996 California initiative and aspired to reap huge profits as a major distributor.After the jury was dismissed Wednesday, Wong called on Damrell to "put an end" to the signs noting the potential sentence. Both Wong and Assistant U.S. Attorney Kenneth Melikian argued that sentencing is not an issue for the jury, only guilt or innocence, and it is illegal to expose the panel to the subject.Opening statements by the attorneys are scheduled for today. Snipped:Complete Article: http://www.sacbee.com/content/news/story/3362520p-4390621c.htmlSource: Sacramento Bee (CA)Author: Denny Walsh -- Bee Staff WriterPublished: Thursday, June 27, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Article & Web Sites:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/index.htmlMedical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmJudge Tosses Out Pot-Case Panelhttp://cannabisnews.com/news/thread13220.shtml
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Comment #4 posted by freedom fighter on June 27, 2002 at 18:04:27 PT
Extraordinary meaures are employed?
You mean those ugly looking swat pigs in every block "enforcing"?The PEOPLE have spoken out!ff
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Comment #3 posted by John Markes on June 27, 2002 at 13:34:26 PT
A possible defense, please tell them...
There is a possible defense under federal law.
Title 21, Section 802 (21)The term ''practitioner'' means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. They qualify as "practitioners" under the jurisdiction in which they practice, California. Please note it says "or" not "and"... So federal law does recognise state law under this...
The Alliance for Reform of Drug Policy in Arkansas
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Comment #2 posted by schmeff on June 27, 2002 at 10:38:21 PT
It is Illegal....
...to expose members of the jury to the truth.Such is the current state of 'justice' in Amerika.
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Comment #1 posted by E_Johnson on June 27, 2002 at 10:27:37 PT
You can run but you cannot hide
A jury of eight women and four men was finally selected after a daylong process, but prosecutors claim that, unless extraordinary measures are employed, the panel will be tainted by demonstrators' signs decrying the 10-year minimum prison term Epis faces if convicted.
What they are afraid will be tainted are their own consciences. Deep down inside, the prosecutors know that what they are doing is wrong, and they don't want their deep inner shame brought to the surface by any visible signs that their fellow human beings know and care.
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