News (Media Awareness Project) - US CA: Wire: MMJ: Guilty Verdict In High-Profile Pot Case |
Title: | US CA: Wire: MMJ: Guilty Verdict In High-Profile Pot Case |
Published On: | 1999-05-21 |
Source: | United Press International |
Fetched On: | 2008-09-06 05:52:38 |
GUILTY VERDICT IN HIGH-PROFILE POT CASE
SACRAMENTO, - A federal jury in Sacramento has handed
down a guilty verdict in a case that could set a precedent for how
federal judges handle a California law allowing the medical use of
marijuana.
The jury today convicted 52-year-old B.E. Smith of Trinity County on
drug charges for a 1997 arrest in which police seized an 87-plant marijuana
garden, which Smith claimed he used by prescription for treatment of
alcohol abuse.
Smith's attorney, Thomas Ballanco, said today's verdict ``was obscene,
like being witness to a rape.''
He said prosecutors ``dissected the truth'' from the case and the
defense was only allowed to put on a ``shred'' of character evidence.
That evidence included the testimony of actor Woody Harrelson, who met
the defendant at a 1996 protest on Golden Gate Bridge to demand
protection for the Headwaters redwood grove.
In Thursday's testimony, the former ``Cheers'' actor bridled under
Burrell's exclusion of Proposition 215 as a defense. The 1996 voter-
approved initiative allows doctors to prescribe marijuana for the
relief of pain and other symptoms.
Burrell said federal law doesn't make exceptions for marijuana use
under doctor's care, and refused a defense request to remove himself
from the trial.
At one point, Burrell ordered the actor to stop ignoring his
guidelines or be placed under arrest. Harrelson said, ``I'm just wondering
why you're keeping the truth from the jury'' in a reference to Proposition
215.
Smith was denied a request for bail on appeal and is being held in
Sacramento County jail. He faces up to six years when he's sentenced
on Aug. 6.
SACRAMENTO, - A federal jury in Sacramento has handed
down a guilty verdict in a case that could set a precedent for how
federal judges handle a California law allowing the medical use of
marijuana.
The jury today convicted 52-year-old B.E. Smith of Trinity County on
drug charges for a 1997 arrest in which police seized an 87-plant marijuana
garden, which Smith claimed he used by prescription for treatment of
alcohol abuse.
Smith's attorney, Thomas Ballanco, said today's verdict ``was obscene,
like being witness to a rape.''
He said prosecutors ``dissected the truth'' from the case and the
defense was only allowed to put on a ``shred'' of character evidence.
That evidence included the testimony of actor Woody Harrelson, who met
the defendant at a 1996 protest on Golden Gate Bridge to demand
protection for the Headwaters redwood grove.
In Thursday's testimony, the former ``Cheers'' actor bridled under
Burrell's exclusion of Proposition 215 as a defense. The 1996 voter-
approved initiative allows doctors to prescribe marijuana for the
relief of pain and other symptoms.
Burrell said federal law doesn't make exceptions for marijuana use
under doctor's care, and refused a defense request to remove himself
from the trial.
At one point, Burrell ordered the actor to stop ignoring his
guidelines or be placed under arrest. Harrelson said, ``I'm just wondering
why you're keeping the truth from the jury'' in a reference to Proposition
215.
Smith was denied a request for bail on appeal and is being held in
Sacramento County jail. He faces up to six years when he's sentenced
on Aug. 6.
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