RELUCTANT JURORS CONVICT ALBERTAN POT CRUSADER

Judge Sentences Multiple-Sclerosis Sufferer to One Day in Jail

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 9
1/2 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.