Local Harassment of Medical Marijuana Suppliers and Jury Nullification

Roger Mentch, now twice prosecuted by supposedly enlightened D.A. Bob Lee, is fighting Lee's use of the theory that all marijuana clubs (including the two licensed by the Santa Cruz City Council) are illegal under state law.

For background check out:

Court to Refine Medical Marijuana Law http://indybay.org/newsitems/2007/02/11/18361453.php

Attorney Ben Rice Updates the Medical Marijuana Scene in Santa Cruz
http://indybay.org/newsitems/2006/11/09/18328305.php

The Hemporium, LLC... Medical Marijuana Conviction Overturned
http://indybay.org/newsitems/2006/10/19/18321514.php

Medical Marijuana Forum Thursday; Roger Mentch on Trial Again
http://indybay.org/newsitems/2006/08/15/18297304.php



Godfrey Lehman is working on his fourth book on the powers and rights of the Jury.

He has chronicled the power of ordinary people in a jury to reverse tyrannical government historically as well as the ominous creep of unconstitutional government power as exercised in local courts by local judges. In this show, we hope to focus on Santa Cruz County.

From the August 2003 Idaho Observer:
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Jury History Highlights
by Godfrey Lehman

June 22, 1633: Trial of Galileo Galilei by the Catholic church's court of inquisition, in the absence of a jury of his peers, for the crime of insisting that the earth revolved around the sun.

September 5, 1670: Acquittal of William Penn and William Mead by a jury lead by Eduard Bushell. Penn was accused of preaching Quaker religion, with Mead assisting, in violation of English law that held the Church of England as the only legal religion. Bushell and three other members of the jury were imprisoned for refusing to pay fines.

November 9, 1670: The release of Edward Bushell and three other jurors from prison upon a writ of habeas corpus established the right of jurors to vote according to conscience.

June 29, 1691: Jurors in Salem acquit Rebecca Nurse of witchcraft; the judge terrorized jurors until they impeached their own verdict and the trial continued. Prosecutions soon stopped, in part because juries were reluctant to convict.

January 3, 1693: Trial of Rebecca Jacobs, acquitted on charges of witchcraft, in the “beginning of the end” of the Salem witch trials. A series of fifty-two acquittals followed.

May 17, 1693: End of the Salem witch trials, due to juries refusing to convict.

August 4, 1735: John Peter Zenger acquitted of publishing materials critical of the corrupt government of the royal governor of New York colony. The judge told the jury that “truth was no defense,” but the jury took only ten minutes to acquit.

December 6, 1763: Held without food, water, light or plumbing in a unheated room, a jury acquitted John Wilkes on charges of publishing criticisms of George III's government. The jurors recognized evidence was seized without a warrant.

July 4, 1776: Declaration of Independence signed: “.for depriving us, in many cases, of the benefits of trial by jury; for transporting us beyond seas to be tried for pretended offenses.”

December 15, 1791: Ratification of our Bill of Rights, including the right to trial by jury.

March 18, 1800: Conviction by a carefully-screened jury of the publisher William Duane [Philadelphia Aurora, 1790-1798], earlier acquitted by a randomly chosen jury that nullified the oppressive Sedition Act of 1797.

January 11, 1830: A jury endured freezing temperatures in a dark room until early morning, trying to acquit publisher Richard Carlile of seditious libel charges. Rather than freeze, they acquiesced to the demands of the judge for a conviction.

June 17-18, 1873: Susan B. Anthony tried for the “crime” of voting, along with three men of the elections board, who allowed her and 15 other women to vote. The attempt of the jury to acquit was thwarted. Judge Ward Hunt declared her “guilty” because, “I say there is no law allowing women to vote and the jury has no power to determine the law.”

October 31, 1878: A jury of 12 Russian peasants acquitted Vera Zalsulich of shooting an official who ordered the flogging of prisoners of conscience. The Czar reacted by repealing his own statute that had established trial by jury.

December 5, 1933: Utah becomes the 36th state to ratify the 21st Amendment, which repealed the 18th (Prohibition) Amendment. Jury refusal to convict people being prosecuted for alcohol-related charges is largely credited for ending the Prohibition era.

July 19, 1991: Jury acquittal of Franklin Sanders and 16 co-defendants of various IRS tax charges, in Memphis, Tenn., at the conclusion of a four-month multi-million dollar trial.

Jury, n. [Fr. Jure, sworn, L. juro, to swear.] A number of freeholders, selected in the manner prescribed by law, impaneled and sworn to inquire into and try any matter of fact, and to declare the truth of the evidence given them in the case. Grand juries consist of usually of 24 freeholders at least, and are summoned to try matters alleged in indictments. Pettit juries, consisting usually of 12 men, attend courts to try matters of fact in civil causes, and to decide both the Law and the fact in criminal prosecutions. The decision of a pettit jury is called verdict.


CALLERS WANTED
Folks can call in at 831-427-3772 during the show, post questions here, or e-mail me at rnorse3 [at] hotmail.com .