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| Judge Declares Mistrial in Marijuana Case |
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Posted by FoM on August 30, 2001 at 09:24:19 PT By Rod Thompson Star-Bulletin Source: Star-Bulletin 
A judge declared a mistrial today in the marijuana case of Jonathan Adler, charged with possessing 89 marijuana plants in 1998. Judge Greg Nakamura declared the mistrial after the jury foreman said the jury agreed that Adler was guilty of possessing the plants, but could not agree on the additional question of the sincerity of Adler's religious beliefs. Adler testified he has been a minister since 1974 in the Religion of Jesus Church, which requires its members to smoke marijuana. He admitted growing the plants but asserted a Constitutional religious right to have them. Jurors deliberated for a total of about 14 hours before declaring themselves deadlocked. They left the court building without commenting on how many believed Adler's sincerity and how many did not. If jurors had unanimously decided that Adler was not sincere, and that his religion did not require the use of marijuana, the case would have ended with the guilty verdict. If they unanimously decided he was sincere and was required to use marijuana, another phase of the trial would have been triggered. The judge would have determined whether the state has a "compelling interest" in limiting Adler's right to freedom of religion. The judge would also determine whether total prohibition of marijuana is the "least restrictive means" to satisfy the compelling interest. Deputy Prosecutor Mel Fujino said he was fairly sure his office would retry the case. Nakamura set Sept. 14 for lawyers to meet to set a new trial date. Defense attorney Michael Glenn said he was unsure whether he would represent Adler in a retrial. He represented Adler in this trial "pro bono publico," meaning for free and for the public good, he said. "It's not Mr. Adler's rights on trial," he said. "It's every American citizen in this country's rights." While the charge relating to the 89 plants remains unsettled, Adler is also charged with a separate offense of possessing 55 plants in 1999 and supplying marijuana to an undercover officer who posed as a person needing marijuana for medical reasons. Note: Adler had maintained his religion required him to smoke marijuana. Complete Title: Judge Declares Mistrial in Big Island Marijuana Case Newshawk: Rev. Dennis Shields Related Articles & Web Site: Hawaii Medical Marijuana Institute Judge Finds Ambiguity in Jury Instruction Religion Complicates Hilo Drug Trial Adler Faces New Marijuana Charges Home Comment Email Register Recent Comments Help |
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Comment #4 posted by Rev. Jonathan Adler on August 31, 2001 at 21:43:19 PT:
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| Aloha, and thanks for all the support. It's now clear to me that a preponderance of prejudice exists in the minds of many jurors and citizens alike. I am suppose to follow divine leadings, yet I'm subject to man's judgements as jurors. Those twelve people who sat on that jury were unable to release their own pre-judgements even after the judge ordered them to. Only two stood up for my rights and 10 others were ready to put me in prison for 10 years. Talk about a bad draw! I am lucky that the foreman was a good person or I would be in jail now! And I was honest and candid about all aspects of my ministry and medical service. What's with the system when it "fries" it own. We need support. See our website and help if you can! Thanks. Mahalos! [ Post Comment ] |
| Comment #3 posted by FoM on August 30, 2001 at 17:28:32 PT |
| Source: Honolulu Advertiser (HI) Author: Hugh Clark, Advertiser Big Island Bureau Published: Thursday, August 30, 2001 Copyright: 2001 The Honolulu Advertiser, a division of Gannett Co. Inc. Contact: letters@honoluluadvertiser.com Website: http://www.honoluluadvertiser.com/ Big Island marijuana advocate Jonathan Adler declared victory yesterday after a jury was unable to decide whether he is sincere in his religious beliefs that include use of the illegal substance as a sacrament. "Yes, son, I say we won," Adler shouted into a cellular phone in the hallway outside of the courtroom after Judge Greg Nakamura dismissed jurors late in the day. After talking on the phone with his 11-year-old son, Adler turned to reporters and declared: "I am the grower of the best buds on this planet." Adler, 49, admitted growing marijuana at his Hawaiian Paradise Park home for medical and religious purposes. He is a minister in the Religion of Jesus Church and holds a state medical marijuana permit. Police found 89 marijuana plants at Adler's house during a Aug. 25, 1998, raid. He was charged with second-degree promotion of marijuana and possession of drug paraphernalia. The jury was given the task of deciding first whether Adler was guilty of the two charges, then whether he was motivated by a "legitimate and sincerely held religious belief" and whether smoking marijuana was an important part of his faith. If the jury voted "yes" on the questions, then Nakamura would have had to rule whether the state had a compelling interest in preventing Adler from using marijuana, and whether that interest outweighed Adler's religious rights. However, while finding the defendant guilty of the drug charges, jurors were unable to decide the second question. At prosecutors' request, Nakamura set a hearing for Sept. 14 to determine the next step in the proceedings. Deputy Prosecutor Kevin Hashizaki told jurors in closing arguments in the two-week trial that Adler was using religion as a front for engaging in illegal activity. He said the fact that Adler also testified that he needs marijuana for medical reasons shows he will use whatever excuse he can to smoke pot. Defense attorney Michael Glenn argued that Adler's marijuana use is protected by the State Constitution's guarantee of freedom of religion. Adler is an announced candidate for Hawai'i governor in the 2002 election. [ Post Comment ] |
| Comment #2 posted by ras james rsifwh on August 30, 2001 at 16:28:37 PT |
| Shouldn't we now determine a Christian religious leader's sincerity?...No passing out wine as the sacred blood of Jesus until a Priest takes a lie detector test? Dear Priest! Do you really really believe you can change wine into the blood of Jesus? [ Post Comment ] |
| Comment #1 posted by Charlie on August 30, 2001 at 14:14:03 PT |
| Retrial? Right, waste some more tax payer dollars why don't ya... Free the man so he can get back to what's really important, growing herb for sick people. Sow every seed. [ Post Comment ] |
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