Stunning Reversal at Medical Marijuana Trial - 12/16/09

[Derek Rosenzweig]

From http://www.nbcnewyork.com/news/local-beat/Stunner-at-Medial-Marijuana-Trial-in-NJ-79447032.html :

Stunning Reversal at Medical Marijuana Trial
By BRIAN THOMPSON

A judge reversed course today, allowing a man on trial for possession of 17 marijuana plants that he was growing during the summer of 2008 to testify about his medical condition.

Judge Robert Reed had earlier ruled that defendant John Ray Wilson could not present a defense based on this medical condition.

But then, after taking the stand in his own defense today, and after multiple conferences among the lawyers and the judge, Wilson was allowed to say "I told them(the arresting officers) I was not a drug dealer and I was using the marijuana for my MS(Multiple Sclerosis)."

Whatever the legal  maneuvering defense attorney James Wronko did to get that admitted, it is critical for the medical marijuana movement, advocates said.

"I think it carried weight, even though it was one sentence. I'm sure the jury heard he had MS today," said Chris Goldstein of the Coalition for Medical Marijuana in New Jersey.

But no followup was allowed. There was no chance to expand on Wilson's claim of MS, and Judge Reed made clear there will not be as the trial goes to closing arguments on Thursday in the Somerset County Courthouse.

Wilson faces up to 20 years on the drug manufacturing charge, much to the frustration of medical marijuana advocates.

"These(laws) were intended for cocaine kingpins and heroin dealers, not for an MS patient growing 17 cannabis plants for his own personal use," said the Coalition's Miller.

It remains to be seen if Wilson's reference to MS will have any influence with the jury. Police do say he never denied growing the marijuana when they came to his house on August 18th, 2008 after a National Guard helicopter spotted the plants from the air.

When they searched his home, they also found two sandwich bags of pot, along with another small bag of what turned out to be illegal, hallucinogenic mushrooms.

If Wilson is convicted, two sympathetic state senators want Governor Jon Corzine to pardon him before Corzine leaves office January 19th. Those two senators, Nicholas Scutari and Ray Lesniak, are also leading an effort in the lame duck legislature to pass a Medical Marijuana law before Republican Chris Christie takes office that day. Although Christie has said he supports Medical Marijuana, it is not clear he would approve the current version before the legislature.

[Quietus]

That's wonderful news.  I'm quite interested in the legal argument itself that resulted in the incredibly narrow decision. I imagine much hand-wringing was done in closed chambers. Any idea what it was, Derek?

[nightwitch]

Slam we win again i'm so happy for john I was waiting for this news all day

[Derek Rosenzweig]

Well, I was not at the trial unfortunately, but Chris was. He will likely post something from his perspective later. I think the jurors probably knew he had MS though... at least one juror did.

[Pallidus127]

Well, not a win, but not an entire loss I suppose.  He was convicted of second-degree manufacturing as well as third-degree possession of psychedelic mushrooms. He did dodge the much harsher maintaining a manufacturing facility for marijuana though.  I'm still not happy about this though...   

http://www.nbcnewyork.com/news/local-beat/Decision-in-NJ-Medical-Marijunana-Trial-79557757.html

[RobinWood]

Where does the trial stand now?  When is the next proceeding and how can we stay abreast of it?

[JTSpangler]

Chuck Homan, the self-appointed but frankly deranged guru of The Medical Movement, will need a similarly permissive Judge Kennedy in York County PA at his trial for cultivation set for May 20.  To successfully present a defense of medical necessity, he'll need more than a passing reference to self-medicating for bipolar disorder, like an expert opinion from a psychiatrist.  It's much easier for a trial judge to deny any such defense until the PA Supreme Court endorses it because there is little if any precedent for it.  If a full necessity defense is allowed at trial and the Supreme Court disallows it, a retrial is required.  But if the defense is excluded and a conviction results, no retrial is required.  I support medical marijuana but Chuck's religious zeal for his favorite med is unlikely to help him in court.  In my view from my experience with Chuck, his MMJ advocacy funds and legal fees would have been better spent on competent psychiatric care.  But he is unable to understand or admit that is an option.

[Quietus]

Chuck Homan, the self-appointed but frankly deranged guru of The Medical Movement, will need a similarly permissive Judge Kennedy in York County PA at his trial for cultivation set for May 20.  To successfully present a defense of medical necessity, he'll need more than a passing reference to self-medicating for bipolar disorder, like an expert opinion from a psychiatrist.  It's much easier for a trial judge to deny any such defense until the PA Supreme Court endorses it because there is little if any precedent for it.  If a full necessity defense is allowed at trial and the Supreme Court disallows it, a retrial is required.  But if the defense is excluded and a conviction results, no retrial is required.  I support medical marijuana but Chuck's religious zeal for his favorite med is unlikely to help him in court.  In my view from my experience with Chuck, his MMJ advocacy funds and legal fees would have been better spent on competent psychiatric care.  But he is unable to understand or admit that is an option.

Interesting comments.  I'm not an expert on mental disorders, but I've read somewhere that obsessive thoughts and behavior go hand in hand with bipolar diseases.  I imagine that combination is a defense lawyer's worst nightmare.

[JTSpangler]

On June 4 Chuck Homan filed a Notice of Insanity or Mental Infirmity Defense in his felony cultivation case set for trial last week before Judge Kennedy in York County.  I don't know if that case was reached or continued.  Neither is it apparent whether he will present a necessity defense with medical evidence that he needed Cannabis to self-medicate for self-diagnosed bipolar disorder, or whether he is planning a broader defense of inability to tell wrong from right as a result of his disorder.  Both are long odds.  If a plea deal without confinement but with rigorous drug-testing and psychotherapy are available, that may be the best result.  But Chuck actually believes his marijuana addiction is necessary to let him sleep and hour or two a night.  I believe he may be a megalomaniac with schizoid aspects to his personality, but not so disordered that he could not distinguish right from wrong.

[Derek Rosenzweig]

Very off topic reply and we have asked you not to bring your personal argument against Chuck to this forum. We will not ask again.