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Judi Lynn

(160,593 posts)
Wed Jul 9, 2014, 10:42 PM Jul 2014

Terminal Cancer Patient Guilty In Marijuana Trial

Source: Huffington Post

Terminal Cancer Patient Guilty In Marijuana Trial
The Huffington Post | By Matt Ferner
Posted: 07/09/2014 9:18 pm EDT Updated: 36 minutes ago

A terminal cancer patient who says he grew marijuana to treat his tumors was found guilty of drug charges Wednesday by an Iowa jury that wasn't allowed to hear his defense.

Benton Mackenzie, 48, was convicted in Iowa district court jury of marijuana manufacturing and conspiracy, along with his wife, Loretta, 43, the Quad-City Times' Brian Wellner first reported. Their son Cody, 22, was found guilty of misdemeanor possession of marijuana and paraphernalia.

Benton Mackenzie, who had been barred by Judge Henry Latham from a defense that explains he grew cannabis to relieve his aggressive and rare cancer of the blood vessels, faces a minimum of three years in prison when he is sentenced later. His family said they intend to appeal the verdicts. Mackenzie said prison may kill him as his health worsens.

On Monday, Mackenzie was rushed out of Scott County District Court to a hospital after complaining of extreme pain and hallucinations. He suffers from severe angiosarcoma, a rare and aggressive form of cancer of the blood vessels that produces large skin lesions. His family said he was treated for anemia and other symptoms overnight, Quad City Times reported.



Read more: http://www.huffingtonpost.com/2014/07/09/benton-mackenzie-guilty_n_5572445.html

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Terminal Cancer Patient Guilty In Marijuana Trial (Original Post) Judi Lynn Jul 2014 OP
FFS Phlem Jul 2014 #1
Yes it is Phlem,that really sucks just doesn't seem adequate. easychoice Jul 2014 #8
That would be his own fault but Phlem Jul 2014 #12
Well his Dr's will probably protect him,but the wife and kid are doomed. easychoice Jul 2014 #13
"cesspool of slimy filth" heaven05 Jul 2014 #66
Actually in at least one SCOTUS session regarding Medicinal Marijuana, truedelphi Jul 2014 #87
"Big Pharma campaign contributions" . . . don't forget Big Alcohol Strelnikov_ Jul 2014 #95
this country's heaven05 Jul 2014 #96
That is beyond absurd ailsagirl Jul 2014 #2
Agreed. yuiyoshida Jul 2014 #29
SNAFU heaven05 Jul 2014 #67
Good God, what's wrong with the legal system in this country? Jackpine Radical Jul 2014 #3
Reprehensible. I am still stunned he was threatened with jail if he dared mention his circumstances. Mnemosyne Jul 2014 #42
What will save us, and it seems to be the only thing that might save us, truedelphi Jul 2014 #88
Not hearing his defense? truebrit71 Jul 2014 #4
The new America... awoke_in_2003 Jul 2014 #7
This can not be yuiyoshida Jul 2014 #31
It's a big WTF moment for me too. NealK Jul 2014 #37
It's typical, from what I've read over the years of medical marijuana prosecutions. n/t eShirl Jul 2014 #54
he was threatened with jail if he even mentioned his illness in court KurtNYC Jul 2014 #57
Pound of flesh... MrScorpio Jul 2014 #5
So in this case it is a capital offense? Let him die in jail to prove that marijuana is bad for you Throd Jul 2014 #6
How else will you save him from the perils of cannabis? Ed Suspicious Jul 2014 #24
They're going to make him die in prison over a fucking plant. geomon666 Jul 2014 #9
Bingo cerveza_gratis Jul 2014 #78
The super power I dream of having Kelvin Mace Jul 2014 #10
Sounds good. nt Mnemosyne Jul 2014 #43
This Is Crazy.... supercats Jul 2014 #11
As an Iowan, this is embarrassing. progressoid Jul 2014 #14
Indeed, HTF did that buffoon ever get re-elected? hatrack Jul 2014 #64
Yep. There is a cancerous tumor in Iowa's politics too. n/t progressoid Jul 2014 #74
Alls I can say is learn about jury nullification. Hoppy Jul 2014 #15
Hard to get nullification when the judge doesn't let you present the defense you want to present. nt PoliticAverse Jul 2014 #30
That's why jurors need to be informed. Hoppy Jul 2014 #61
What fuckwits were on this jury? bluestateguy Jul 2014 #16
The jury wasn't allowed to hear the medical defense, so I can't really blame them...yet. Comrade Grumpy Jul 2014 #28
They still sent a man to jail for growing a plant bluestateguy Jul 2014 #33
As much as I agree with you F4lconF16 Jul 2014 #51
Easy to blame the jury when you don't know what really happened. Most likely rhett o rick Jul 2014 #83
Too many people are too conditioned to just blindy follow authority bluestateguy Jul 2014 #85
Does anyone have the email address of the President? Half-Century Man Jul 2014 #17
Write to the governor bluestateguy Jul 2014 #20
Not the Gov of Iowa progressoid Jul 2014 #73
Juries, Ma'am, Are Just Going To Have To Start Voting To Acquit.... The Magistrate Jul 2014 #18
Sounds good to me. Ed Suspicious Jul 2014 #25
You are so right. It could transform the way injustice is meted out. Perfect response. n/t Judi Lynn Jul 2014 #40
We found something to agree on. former9thward Jul 2014 #41
Sound right to me.... but defacto7 Jul 2014 #48
+1000 G_j Jul 2014 #82
Dear God America...get a freakin' real job! AllyCat Jul 2014 #19
This is just pathetic. Uncle Joe Jul 2014 #21
Yeah right ... MindMover Jul 2014 #22
Yeah, but I can't make tyleno, juajen Jul 2014 #93
Just keep appealing that sucker until no appeals are left. This is fucking criminal. Ed Suspicious Jul 2014 #23
Yes it is criminal, and I suppose defacto7 Jul 2014 #49
CROOKED JUDGES ALL OVER THE LAND. DeSwiss Jul 2014 #26
Great toon, DeSwiss! Thanks. nt Mnemosyne Jul 2014 #44
The tumors look absolutely horrific. They must be so painful. How on earth can that not be Ed Suspicious Jul 2014 #27
By way of explanation, but in NO WAY A JUSTIFICATION, the Court can follow the law technically Dustlawyer Jul 2014 #35
Thanks for the great explanation. Ed Suspicious Jul 2014 #36
Does this mean they could not mention that he has this horrible illness, or just that he cannot say Mnemosyne Jul 2014 #46
The Judge probably could have let it in, may or may not have been overturned on appeal. Dustlawyer Jul 2014 #56
Thanks DL. Seems that if allowed, the jury most likely would have put 2 & 2 together. Or not. nt Mnemosyne Jul 2014 #65
The teacher was found guilty in the Scopes Monkey Trial too.... Spitfire of ATJ Jul 2014 #32
Excellent point n/t Strelnikov_ Jul 2014 #94
Unspeakable! Rhiannon12866 Jul 2014 #34
He wasn't allowed to explain he used the pot for his cancer, of course he was found guilty. herding cats Jul 2014 #38
This is unreal. NealK Jul 2014 #39
And the prison industrial complex claims another victim. Initech Jul 2014 #45
Let it go, US. Let's move forward. This is embarrassing. C Moon Jul 2014 #47
As the World weeps for the injustice, defacto7 Jul 2014 #50
Despicable. blackspade Jul 2014 #52
I wonder how 'Judge' Latham can sleep at night. PatrickforO Jul 2014 #53
Probably with Ambien or some other sleep-inducing prescription drug... nt Earth_First Jul 2014 #59
Anyone else JackInGreen Jul 2014 #55
Is there a petition started for a pardon for this guy? KurtNYC Jul 2014 #58
81% of Iowans favor legalization of medical marijuana!!! Peace Patriot Jul 2014 #60
henry.latham@iowacourts.org Hoppy Jul 2014 #62
Are Iowa judges elected? Hoppy Jul 2014 #63
Appointed 2013 by Terry Branstad - Republican. LoisB Jul 2014 #80
I hope the Iowa tax payers know they are going lovuian Jul 2014 #68
This is why jurors need to be educated... wildbilln864 Jul 2014 #69
I'll say this as gently as I can bluestateguy Jul 2014 #92
I don't understand why someone can't present a defense! wildbilln864 Jul 2014 #70
I agree. christx30 Jul 2014 #75
What a complete waste of taxpayer money. The trial, the imprisonment - all of it riderinthestorm Jul 2014 #71
What's amazing is comments in support of jail on the Iowa news site mainer Jul 2014 #72
link, please, so that DUers can post comments. Duppers Jul 2014 #76
link: mainer Jul 2014 #81
thanks! Duppers Jul 2014 #86
What kind of legal system can do that???? redstatebluegirl Jul 2014 #77
seriously fucked up shit... dhill926 Jul 2014 #79
Reefer Madness? nolabels Jul 2014 #97
Prison will kill him Warpy Jul 2014 #84
Why would a competent attorney allow the court to ban testimony? Ruby the Liberal Jul 2014 #89
Here is the judge's and prosecutor's contact information. Also link to facebook and web pages for pt magical thyme Jul 2014 #90
so I emailed the judge and prosecutor, including a picture of the tumors (warning: graphic) magical thyme Jul 2014 #91

Phlem

(6,323 posts)
1. FFS
Wed Jul 9, 2014, 10:45 PM
Jul 2014

Really!?

Either the world has gotten nastier over night or they've been there the whole time and decided to quit hiding.

This is some FU shit.

easychoice

(1,043 posts)
8. Yes it is Phlem,that really sucks just doesn't seem adequate.
Wed Jul 9, 2014, 10:57 PM
Jul 2014

I hope that prosecutor falls in the toilet and drowns.Seems fair to me.

Phlem

(6,323 posts)
12. That would be his own fault but
Wed Jul 9, 2014, 11:06 PM
Jul 2014

purposefully decrease some one's quality of living, where ever it may be in one's life, using the judicial system is just doing it out of spite. That is lower than a cockroach in my opinion. Where does the depravity stop?

Our political system and laws have turned into a cesspool of slimy filth.

The rich get richer and the 97% just get's mowed over and fed into the meat grinder.

But no, we must stay civil to the all or nothing crowd.

easychoice

(1,043 posts)
13. Well his Dr's will probably protect him,but the wife and kid are doomed.
Wed Jul 9, 2014, 11:14 PM
Jul 2014

What a horrible way for Government to end your life,isolate you in a hospital and incarcerate your remaining family.I am as angry with them as you are.
Tell me,who can trust their government?

 

heaven05

(18,124 posts)
66. "cesspool of slimy filth"
Thu Jul 10, 2014, 09:29 AM
Jul 2014

caused by RW ideological defecation backed by our beloved SCOTUS and MSM.

truedelphi

(32,324 posts)
87. Actually in at least one SCOTUS session regarding Medicinal Marijuana,
Thu Jul 10, 2014, 05:04 PM
Jul 2014

Republicans on our nation's highest court were better about med marijuana than the Democratic Justices.

And only three to five percent of all Congress people, regardless of party, care to legalize medicinal marijuana or recreational marijuana..

Can you say Big Pharma campaign contributions, boys and girls? How about Big Privatized Prison industry lobby, Boys and Girls? Or for that matter, Big Cartel monies!

PS Currently (At least last time I looked) the Occupant of the Oval Office is a Democrat with the power to simply get rid of Holder and appoint someone who would immediately remove marijuana from the drug schedule. But the President's financial buddies probably won't let him do this. (Holder got where he is by being close to Marc Rich, financial criminal extraordinaire. It was through Holder's efforts that the Presidential Pardon was obtained for Rich, right before Clinton left office.)

Strelnikov_

(7,772 posts)
95. "Big Pharma campaign contributions" . . . don't forget Big Alcohol
Fri Jul 11, 2014, 08:49 AM
Jul 2014

They probably stand the most to lose from legalization.

 

heaven05

(18,124 posts)
96. this country's
Fri Jul 11, 2014, 09:29 AM
Jul 2014

political party's have been corrupted by BIG money, both corporate and private, no argument. And that corruption is at the point that unless a major revulsion is experienced at the national political level(s) against big money influence this is how it is going to stay. Yet I still see the RW as the political motivator of this corruption of the worst kind. Yeah you can put democrats in that bag, sometimes, but a major problem TODAY is the RW, whether you want to admit it or not. RW media and money, makes the dumbed down, fox news believing, american, easy prey for RW lies. Promise heaven "if only you vote for me"!!! and give them nothing but more lies after vote is in. Entitlement this, immigrant that, urban problems out of control, fear the gays, keep women in their place, this is the RW mantra shouted continuously over and over to the highest heavens, yet all based on lies designed to keep us at each others throats. And while we're busy with each other, they are robbing us all. Nah, while the democratic party is culpable in the final analysis for some dubious compromises, NOT IN THE PEOPLES FAVOR, the RW is the one that will bring on the final destruction of the few freedoms we enjoy in this american life if allowed to control the reins of power again. They must be stopped at all cost. The RW media must be balanced with the emergence of LW thought permeating the airwaves. How? Only the democrats with the big money can do that. They must step up, all the artists, musicians, celebrities, progressive business people, if such exists calling themselves liberals must start fighting back with their combined big money. Lip service is over, start walking the walk so called progressives.

I won't even address the marijuana issue because you're right. Privatized prisons? A capitalistic abomination with no redeeming value. Prison's in this country have never rehabilitated, they have always been punitive punishment. While the more heinous criminal should be incarcerated and marginalized, the 'lesser' criminal, if I may, should be rehabilitated and helped to become a trusted citizen. I do understand where you are coming from and no major argument from me. The fascist RW must be marginalized again like we did with mcCarthy and his ilk. Every generation or so they rear their ugly heads and we have to push them back down into their rat holes.

 

heaven05

(18,124 posts)
67. SNAFU
Thu Jul 10, 2014, 09:35 AM
Jul 2014

situation normal, all fucked up......concerning these times in the "cesspool of slimy filth" called the toilet of today's RW ideology and if any democrat is involved in this travesty in any manner, pilloried is too good for them.

Jackpine Radical

(45,274 posts)
3. Good God, what's wrong with the legal system in this country?
Wed Jul 9, 2014, 10:47 PM
Jul 2014

First, since when can't you present evidence of extenuating circumstances in your defense? Second, what th hell is the matter with the jury, and third, what the hell is wrong with the prosecutor?

Meanwhile, entitled rich kids get off manslaughter charges because their little personalities were wrecked by too much wealth.

Mnemosyne

(21,363 posts)
42. Reprehensible. I am still stunned he was threatened with jail if he dared mention his circumstances.
Thu Jul 10, 2014, 01:19 AM
Jul 2014

What a horrid sounding illness! My gawd the country is going completely insane, no sense at all for this verdict.

truedelphi

(32,324 posts)
88. What will save us, and it seems to be the only thing that might save us,
Thu Jul 10, 2014, 05:09 PM
Jul 2014

Is the spread of the Community Rights organization.

I just posted about it over in the Appalachia forum here on DU.

With the wisdom of this movement, people can sponsor local ordinances that invoke the US Constitution, on issues ranging from the right to plant whatever seeds you own on land you own, to ordinances that are banning large scale pig farms from coming into your community. And when those ordinances are passed, they truly protect the community.

yuiyoshida

(41,835 posts)
31. This can not be
Thu Jul 10, 2014, 12:20 AM
Jul 2014

constitutional. That Judge needs to be reprimanded by what ever authority can jump on her case. WTF Is this? North Korea???

"YES, TAKE THEM OUT AND SHOOT THEM, CASE CLOSED!!!"

KurtNYC

(14,549 posts)
57. he was threatened with jail if he even mentioned his illness in court
Thu Jul 10, 2014, 06:45 AM
Jul 2014
Testifying Tuesday morning, he couldn't say anything about his ailment or give his reasons for growing marijuana. He said he has been threatened with jail time if he brings up at trial anything about his medical condition.


http://qctimes.com/news/local/crime-and-courts/mackenzie-s-final-medical-defense-motion-denied/article_47a8f5fe-1121-56dd-8cb1-3a4495c3ace2.html

So he gets a death sentence for trying to treat his terminal illness. If anything good can come of this trial let it be the turning point where most people can look at this say "enough is enough."

hatrack

(59,592 posts)
64. Indeed, HTF did that buffoon ever get re-elected?
Thu Jul 10, 2014, 08:15 AM
Jul 2014

Iowa used to be such a sensible state - now it's Brandsted and King and what's-her-fuck running for Senate.

PoliticAverse

(26,366 posts)
30. Hard to get nullification when the judge doesn't let you present the defense you want to present. nt
Thu Jul 10, 2014, 12:20 AM
Jul 2014
 

Hoppy

(3,595 posts)
61. That's why jurors need to be informed.
Thu Jul 10, 2014, 06:58 AM
Jul 2014

If they were aware they could ignore the judge's instruction, I doubt the jury would have convicted for growing plants.

bluestateguy

(44,173 posts)
16. What fuckwits were on this jury?
Wed Jul 9, 2014, 11:41 PM
Jul 2014

What DA was spending taxpayer money to prosecute this?

This is why we need jury nullification, and why it should be used often (and please spare me the long disquisitions about the South and the 1950's; just, some other time, ok)

 

Comrade Grumpy

(13,184 posts)
28. The jury wasn't allowed to hear the medical defense, so I can't really blame them...yet.
Thu Jul 10, 2014, 12:12 AM
Jul 2014

They will probably find out the rest of the story as soon as they get home and turn on the news. Then they will have a chance to publicly denounce their own verdict.

As for jury nullification, there's always the Fully Informed Juror Association: http://fija.org/

bluestateguy

(44,173 posts)
33. They still sent a man to jail for growing a plant
Thu Jul 10, 2014, 12:28 AM
Jul 2014

He wasn't even selling it to anyone, so even in the absence of hearing his defense, the jury was still mean spirited and stupid.

F4lconF16

(3,747 posts)
51. As much as I agree with you
Thu Jul 10, 2014, 02:31 AM
Jul 2014

and think that this is one seriously f---ed up case, I can't be that angry with the jurors upholding the law if that is what is established. It may be wrong, and I may strongly disagree personally, but I can't find fault with them for finding him technically guilty of breaking a law, especially since they weren't allowed to hear the defense. I think calling them mean spirited and stupid might be a tad harsh.

That said, it is beyond stupid that anyone should be sent to jail for growing pot, and this whole case is just sad.

 

rhett o rick

(55,981 posts)
83. Easy to blame the jury when you don't know what really happened. Most likely
Thu Jul 10, 2014, 02:24 PM
Jul 2014

the jury followed the judges orders, which probably went like this: "It's against the law to grow the plant. If it was proven that he grew the plant, you have no choice but to find him guilty." Jury nullification would be their only alternative.

bluestateguy

(44,173 posts)
85. Too many people are too conditioned to just blindy follow authority
Thu Jul 10, 2014, 03:06 PM
Jul 2014

Do what the judge says, follow the judge's instructions, it's the law, the law is the law, blah, blah, blah..

Good grief, I'm glad these people weren't around during the American revolution, and good thing the civil rights movement didn't have to rely on them for manpower.

Jury nullification is a perfectly legal option. A judge can tell them not to do it, but in the privacy of jury deliberations they can do whatever they want. There is no criminal sanction for jury nullification. But jury nullification requires an independent thinking citizenry, not people who will just blindly follow the law because a man in a black robe is telling them what to do. Many citizens are not capable of that.

Half-Century Man

(5,279 posts)
17. Does anyone have the email address of the President?
Wed Jul 9, 2014, 11:41 PM
Jul 2014

I want to ask him to pardon these people. Even if it doesn't work, I still want to ask.

bluestateguy

(44,173 posts)
20. Write to the governor
Wed Jul 9, 2014, 11:47 PM
Jul 2014

The president can only pardon for federal crimes.

And in some states, I don't know about Iowa, even the governor's pardon powers are limited by a pardons and parole board.

defacto7

(13,485 posts)
48. Sound right to me.... but
Thu Jul 10, 2014, 02:11 AM
Jul 2014

pardon my lack of legal knowledge, if a judge can block a defense from being heard (which sound unconstitutional to me), can't he just as easily nullify the jury's verdict if they acquit without evidence for acquittal?

The judge just wants what he wants and damn human rights and dignity.

AllyCat

(16,211 posts)
19. Dear God America...get a freakin' real job!
Wed Jul 9, 2014, 11:46 PM
Jul 2014

Better a life doing nothing than causing this kind if suffering. End this stupid criminalization of a plant that literally grows like a weed while helping so many.

defacto7

(13,485 posts)
49. Yes it is criminal, and I suppose
Thu Jul 10, 2014, 02:19 AM
Jul 2014

if they win on appeal at least the family will be able to celebrate at the cemetery.

This shit has to stop and this guy has no time for legal stupidity nonsense. Someone with money and means needs to smuggle him out of there to a safe place where the government of Iowa can't torture him and destroy what's left of his life and family.

I have no words for the gall of this.

Ed Suspicious

(8,879 posts)
27. The tumors look absolutely horrific. They must be so painful. How on earth can that not be
Thu Jul 10, 2014, 12:06 AM
Jul 2014

an extenuating circumstance worthy of a discussion in this case? Are our laws that rigid? Do judges have no power? So the judge wants him to die in pain and alone while his wife, kid, and parents are also facing incarceration? FUCK THAT!!!

This shit needs to end, and it needs to end now! No more "we'll see what the evidence shows" the evidence is out there. It's been out there.

That poor family and that poor poor man. I can hardly take it thinking about this injustice. This inhumanity. How does he carry on?

Dustlawyer

(10,497 posts)
35. By way of explanation, but in NO WAY A JUSTIFICATION, the Court can follow the law technically
Thu Jul 10, 2014, 12:58 AM
Jul 2014

and say that the medical need is not a defense to the charges brought, thereby excluding the reason from evidence. Additionally, the jurors are instructed by law to not let bias or sympathy play a part in their decision. Admitting that evidence and those tumors would be highly prejudicial in the case.

Having said that, first I am not licensed in that state and do not practice criminal law.
Second, most courts can allow equity (basically fairness in the Judge's opinion) to allow it in or consider the circumstances in sentencing. Here we must have one of the most heartless bastards to ever sit his ass on a bench!

With 80+% of the state's citizens in favor of legalization for medical needs, that would be overwhelming evidence that our political and judicial system is messed up! Let's fix this by getting rid of the corporate money that makes politicians ignore us and only listen to the Big Donors.

Join me September 13th - November 4th (midterm Election Day) in protesting getting the money out of politics by demanding Publicly Funded Elections - Federal, state and local. 2 month campaign season with TV and Radio time donated as a public service for these media out lets using the public airwaves under license. Spread the word, organize your city, town, community and hit the streets!

Let's stop this kind of bull shit, we CAN do it!

Mnemosyne

(21,363 posts)
46. Does this mean they could not mention that he has this horrible illness, or just that he cannot say
Thu Jul 10, 2014, 01:54 AM
Jul 2014

he was using the cannabis for his cancer.?

Thanks!

And thanks also for trying to get things moving, haven't marched since 2007 and it is definitely time again.

Dustlawyer

(10,497 posts)
56. The Judge probably could have let it in, may or may not have been overturned on appeal.
Thu Jul 10, 2014, 06:03 AM
Jul 2014

Someone here who does criminal law could answer this better than me, but I think that's right.

herding cats

(19,566 posts)
38. He wasn't allowed to explain he used the pot for his cancer, of course he was found guilty.
Thu Jul 10, 2014, 01:04 AM
Jul 2014

This makes me so angry. How they could not let him explain his reason for growing the pot in the first place is just insane. His son and wife are going to be the next two to be convicted. This is so messed up.

PatrickforO

(14,586 posts)
53. I wonder how 'Judge' Latham can sleep at night.
Thu Jul 10, 2014, 02:46 AM
Jul 2014

What kind of a 'judge' in our so-called 'justice system' would not let a terminal patient present a medical defense for growing marijuana?

Ignorant? Yep.

Incapable of empathy? Yep.

Intolerant? Yep.

Probably a conservative 'Christian.'

JackInGreen

(2,975 posts)
55. Anyone else
Thu Jul 10, 2014, 04:58 AM
Jul 2014

want to ruin his day or at least make it a LOT more interesting?

I'm pretty sure this is the fella, only Henry Latham there appears to be.

http://www.scottcountyiowa.com/courts/judges.php?uid=1247

Peace Patriot

(24,010 posts)
60. 81% of Iowans favor legalization of medical marijuana!!!
Thu Jul 10, 2014, 06:54 AM
Jul 2014

Toward the end of the article:

Iowa voters overwhelmingly support the legalization of medical marijuana. A recent poll found 81 percent favor legalization. --from the OP


-------------------------

I was thinking, 'What's the matter with Iowans?' I went to school in Iowa long ago and found most Iowans to be pretty laid back, live-and-let-live sort of people. The answer is that there is NOTHING the matter with Iowans. Not only was the jury denied vital information for evaluating this case, but MOST Iowans, as jurors, would have voted "not guilty" if they had been informed of the situation.

Gawd, this is so awful. This man is being tortured and his family ruined, merely for using NON-PSYCHOACTIVE marijuana OIL. Even if that wasn't the case--even if he was using MJ for pleasure or selling it for profit--this ruination of a family would be bad and wrong. But that he's so sick, and his family is also being punished for trying to relieve his pain, and that NONE OF THIS could be used in his defense, is unconscionable.

ANYBODY KNOW IF THERE IS A DEFENSE FUND FOR THIS MAN AND HIS FAMILY? WHERE CAN I CONTRIBUTE TO IT?



lovuian

(19,362 posts)
68. I hope the Iowa tax payers know they are going
Thu Jul 10, 2014, 09:37 AM
Jul 2014

at thousands and thousands of dollars paying for food and guards and healthcare for these people

bluestateguy

(44,173 posts)
92. I'll say this as gently as I can
Thu Jul 10, 2014, 11:30 PM
Jul 2014

but defense attorneys should do their very best during the jury selection process to get uneducated jurors out of the pool, as many as possible.

There are some cases that deal with some very complex stuff, like boggling financial transactions, anti-trust laws, campaign finance laws, etc. Such cases are for educated people, not a 19 year old high school dropout who flips burgers for a living.

Educated jurors are more likely to know about and use jury nullification and less likely to blindly follow the dictates of authority.

 

wildbilln864

(13,382 posts)
70. I don't understand why someone can't present a defense!
Thu Jul 10, 2014, 09:40 AM
Jul 2014

I thought that was a right! It damn well should be!

christx30

(6,241 posts)
75. I agree.
Thu Jul 10, 2014, 11:38 AM
Jul 2014

If people can present the Twinkie defense or Affluenza as a defense, why not "I need this so I don't die. Here are stats that back up my claim."?

 

riderinthestorm

(23,272 posts)
71. What a complete waste of taxpayer money. The trial, the imprisonment - all of it
Thu Jul 10, 2014, 10:21 AM
Jul 2014

How exactly is this man going to be "rehabilitated" in prison for his "crime"?

The War on Drugs is proven once again to be an utter failure.

mainer

(12,022 posts)
72. What's amazing is comments in support of jail on the Iowa news site
Thu Jul 10, 2014, 10:39 AM
Jul 2014

Some local Iowans are calling him a druggie who deserved to be convicted.

Duppers

(28,125 posts)
76. link, please, so that DUers can post comments.
Thu Jul 10, 2014, 11:46 AM
Jul 2014

Thanks!

Attitudes must change!

Obama should also be petitioned.



mainer

(12,022 posts)
81. link:
Thu Jul 10, 2014, 01:48 PM
Jul 2014
http://qctimes.com/news/local/crime-and-courts/mackenzie-family-found-guilty-at-marijuana-trial/article_5d4ada2b-1946-5fc2-9718-c1efd59777d8.html?mode=comments

Comments like these drive me up a wall:


Banned in the QCA - 15 hours ago
Good job jury! Another drug dealer off the streets. What a liar he is. Since this is his third time down maybe he will get the penalty he deserves. What a dispicable family using an illness to try and pull at people's heart strings to get out of trouble. Most of you even fell for it. Suckers.

Warpy

(111,318 posts)
84. Prison will kill him
Thu Jul 10, 2014, 02:57 PM
Jul 2014

If there was ever a case of jury nullification, this is it. It's a case that points out the utter idiocy of our drug laws and the utter cruelty of the DEA.

The worst this man should face is house arrest.

Ruby the Liberal

(26,219 posts)
89. Why would a competent attorney allow the court to ban testimony?
Thu Jul 10, 2014, 05:42 PM
Jul 2014

Only reason I can think is they might think it is automatic grounds for appeal...

 

magical thyme

(14,881 posts)
90. Here is the judge's and prosecutor's contact information. Also link to facebook and web pages for pt
Thu Jul 10, 2014, 06:41 PM
Jul 2014

Henry W. Latham II, District Court Judge
Scott County Courthouse
400 W. 4th St.
Davenport, Iowa 52801
Phone: 563-326-8783 • Fax: 563-326-8218
henry.latham@iowacourts.gov

McElyea, Patrick A. Attorney I Patrick.McElyea@scottcountyiowa.com 563-326-8238


https://www.facebook.com/FreeBenton/info
http://www.freebenton.org/

I intend to let those 2 subhuman scumbuckets of turds (not to insult scum or turds) exactly what I think of them.

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