cannabisnews.com: Reluctant Jurors Convict Albertan Pot Crusader





Reluctant Jurors Convict Albertan Pot Crusader
Posted by CN Staff on December 04, 2003 at 06:20:18 PT
By Dawn Walton
Source: Globe and Mail 
Calgary -- An Alberta jury convicted a medicinal-marijuana crusader of drug trafficking last night almost 10 hours after the judge told jurors they had no choice but to find to find him guilty.The verdict was reached after two jurors asked to be excused, saying they could not in good conscience convict Grant Krieger, a 49-year-old multiple-sclerosis sufferer who admitted in court that he ran a marijuana-grow operation to provide pot for himself and the ill.
Both jurors, one man and one woman, asked to be excused almost seven hours into deliberating Mr. Krieger's fate."I don't feel this man is a guilty man," explained the male juror who fought back tears as he spoke to the Alberta Court of Queen's Bench. ". . .I believe that I could not live with myself if I'm part of the conviction of this man."The woman juror told the court she was too emotionally involved in the case to judge Mr. Krieger, who she said was helping others. "I can take your instructions," she said told the judge, "But it's not in my heart."Mr. Justice Paul Chrumka reminded them there was only one option in the case -- a finding of guilty -- and refused their requests to be excused before sending them back for further discussion.Judge Chrumka sentenced Mr. Krieger to one day in jail, saying Mr. Krieger's operation was non-profit and aimed to help the sick. The maximum charge for drug trafficking is life imprisonment. Mr. Krieger's prison stay, however, is only a formality. He will be required to sign in to a remand centre and then sign out without actually being put behind bars.He was charged with possessing marijuana for the purpose of trafficking in connection with a raid on his house in 1999, during which 29 cannabis plants were seized. In his closing argument yesterday, defence lawyer Adriano Iovinelli told the jury that while his client admits to breaking the law, Judge Chrumka has taken away his only defence -- that of necessity."I'm coming before you without a defence," he told the seven-woman, five-man jury. "There is no doubt that Mr. Krieger was in possession of marijuana for the purpose of trafficking."Mr. Iovinelli told the court his client committed the crime out of compassion for people who were dying.Crown prosecutor Scott Couper told the court that supplying marijuana to the sick in this case was "no excuse for breaking the law."The judge agreed. He said Mr. Krieger admitted to running a grow operation, which means guilt had been proven beyond a reasonable doubt. Judge Chrumka also said that since no one was in "imminent peril" and there were reasonable legal alternatives for Mr. Krieger, the defence of necessity cannot apply.He ordered the jury to retire to the jury room, pick a foreperson and return with a verdict of guilty.Mr. Iovinelli, who has three concerns about the case, said he's considering appealing the verdict. These include the judge's instructions for jurors to return a guilty verdict, and his instructions that the facts had proven guilt. Mr. Couper also raised questions in court about the judge's determination of facts beyond a reasonable doubt. Mr. Krieger said he was confused by the proceedings. "It took them 9½ hours after they were instructed to return right away. That tells me they didn't want to bring back a guilty verdict."This is Mr. Krieger's second trial for the same alleged crime. It was also the second time he had gone to trial saying the government gave him no choice but to provide sufferers of HIV/AIDS, cancer and Lou Gehrig's disease with pain-easing pot since the government had no supply.Note: Judge sentences multiple-sclerosis sufferer to one day in jail.Source: Globe and Mail (Canada)Author: Dawn WaltonPublished: Thursday, December 4, 2003 - Page A6 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmTwo Jurors Ask To Be Released from Pot Trialhttp://cannabisnews.com/news/thread17905.shtmlCalgary Pot Case Legal Testhttp://cannabisnews.com/news/thread17889.shtml
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