POT JURY CONVICTS ON URGING OF JUDGE

Krieger Verdict Delivered After Protests

A Calgary jury took nine and a half hours Wednesday before following a
judge's directive to convict renowned pot crusader Grant Krieger of
possessing marijuana for the purpose of trafficking.

Court of Queen's bench Justice Paul Chrumka instructed the jury of
seven women and five men to find Krieger guilty of the offence.
However, two jurors refused for several hours, telling the judge they
couldn't go against their conscience.

Both jurors asked to be dismissed after they were brought in to court
individually and given a copy of their oath to read.

A male juror told the judge, "I believe I could not live with myself
if I was part of the conviction of this man."

But the judge refused, ordering them to continue deliberations and
return with a guilty verdict.

They finally did, two hours later.

"He (the judge) took it right out of the hands of the jury," Krieger,
49, said outside court.

"He told them to come back with a guilty verdict and it still took
them nine and a half hours. That tells me the jury didn't want to
bring back a guilty verdict."

Chrumka told jurors that based on Krieger's admission he had grown and
provided the marijuana to others, they had no choice but to come back
with a guilty verdict.

After the verdict, Chrumka took into consideration that while Krieger
broke the law, he did so on compassionate grounds to supply marijuana
to others who had illnesses such as multiple sclerosis, AIDS, cancer
and Amyotrophic Lateral Sclerosis, or ALS.

He sentenced Krieger to one day in jail without having to actually go
to jail.

Krieger, who was diagnosed with MS in 1978 and has not been able to
work since 1991, has been living on a $840 a month pension.

University of Calgary law professor Chris Levy said Chrumka's
directive, while unusual, was within his right.

"Can they be forced to convict?" said Levy. "At the end of the day,
the judge can keep them as long as he wants to, but if they come back
a hung jury or say not guilty, the judge has to accept the verdict.

"It's an unusually strong way of doing it. . . . It does take away
from the jury to say, 'I don't believe the Crown witnesses.' "

Levy said it is difficult to criminally charge jurors for violating
their oath to return a proper verdict based on the evidence, but added
"we are all entitled to believe or not believe."

Outside court, defence lawyer Adriano Iovinelli cited three problems
he had with the handling of the case, which dates back to August 1999
when police found 29 marijuana plants at Krieger's home on Bowness
Road N.W.

Iovinelli said the judge may have had a misapprehension of what the
admitted facts between the Crown and defence were or that the agreed
facts may have been miscommunicated by him or prosecutor Scott Couper
or he would have directed his instructions to the jury
differently.

"My other concern is that two jury members were brought in and
questioned why they were not able to follow his instructions," said
Iovinelli.

"One juror broke down."

A female juror, while asking to be dismissed, told the judge, "To me,
it is that I feel whatever he did -- trafficking, spreading something
- -- was more to help others. I took the instruction, but it would not
come from my heart. I feel this man is not a guilty man."

Chrumka had earlier ruled out the defence argument of necessity in
that the recipients of Krieger's trafficking required the drug for
medical reasons and did not put it to the jury.

Krieger had won an exemption under the marijuana medical access
regulations to be able to grow and possess the drug for his own
personal use, but could not supply anyone else, in particular those
who did not have exemptions.

Couper noted legislation has changed since 1999 and that people with
exemptions may now have a third-party supply them for medical purposes.

He had not sought a jail term, but asked for a conditional sentence to
be served in the community with some conditions.

"Mr. Krieger would have to obtain a licence from Health Canada to have
a third-party grow operation," said Couper.

"That option didn't exist in 1999."

Couper told the judge there has been a source of marijuana being made
by the government since July this year.

Krieger, the father of three grown children who were in court
supporting him, told the judge he takes marijuana daily in a butter
form to alleviate pain which affects his entire body.

Several other people in wheelchairs were in court to support
him.

Krieger takes no other medication, and now avoids prescriptions drugs
he says will not help him.

The judge ordered a scale for weighing drugs returned to Krieger.
Iovinelli and Couper will work out an agreement on other grow
equipment to be returned.