Judge Declares Mistrial in Marijuana Case |
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. he department's proposed rules, said several of the 26 people who testified at a pubic hearing Friday. The rules cover only helicopter raids and use of medical marijuana by approved patients. "These rules are faulty," said the Rev. Dennis Shields of The Religion of Jesus Church, where members smoke marijuana as a sacrament. "I'm here to take you folks to task," Shields told the three senior police officers who conducted the hearing. "The fact is you've ignored the legislative direction of this island." Before accepting the latest federal grant that pays for the eradication missions, the County Council in March imposed several conditions. They include mandating that helicopters fly at least 1,000 feet above homes unless "probable cause" exists, drafting rules for the eradication program, and making provisions for marijuana use that may be protected by law or the Constitution. Marijuana advocates focused on that final provision, claiming the right of religious freedom permits the use of marijuana by churches that advocate smoking pot. "Where is the written rules and regulations concerning our constitutional protections?" asked Dwight Kondo, who has pushed for greater restrictions on the eradication program and deregulation of marijuana use. "I don't know how tell you, but life on Earth as I know it is not worth it as long as cannabis is illegal," he added. Janine Lewis, a member of the Rastafarian religion that also promotes marijuana use, asked for open dialog with police officials, who chose not to respond to testimony at the hearing. Roger Christie, who called the hearing a "significant step toward ending the extreme prohibition on the most valuable plant on Earth," said helicopters should not be allowed to fly lower than 1,500 feet. Also, he said complaints about the aerial raids should be directed to the mayor's office, not the police vice section as the proposed rules state. Emphasizing that he is in no way involved with marijuana use, Henry Ross urged police to amend the rules to define terms like "eradication," "mission" and "probable cause." Many speakers chose not to comment on rules, but rather touted the benefits of marijuana and marijuana products for healing, nourishment and economic prosperity. Some said pot is far less dangerous than cocaine, heroin and crystal methamphetamine, all of which they claimed have become more common due to the war on marijuana. In contrast was a letter submitted by David and Trina Parry. "I find the periodic helicopter flights quite within my tolerance levels knowing what their purpose is," David Parry wrote. Capt. James Day told the Tribune - Herald that the testimony will be reviewed and revision of the rules considered, but a follow - up hearing to present any changes will be held only if one is mandated. "We're looking to try to get this done by the end of the month," he said of the process that requires Mayor Harry Kim's signature. Kim attended a few minutes of Friday's hearing but did not testify. Kim told the Tribune - Herald that he supports continued eradication efforts but wants to ensure the flights are both safe and non - intrusive to residents. Puna Councilman Gary Safarik, who authored the eradication restrictions, said he agrees with the proposed rules dealing with helicopter surveillance. Safarik noted his main goal was to lessen the impact choppers have on citizens, not to provide for medical and religious uses. Under the proposed rules, police would not seek search warrants for marijuana grown by the some 100 Big Islanders approved to possess three ounces of dried marijuana for medicinal purposes. However, they would not be permitted to smoke in public areas, including parks, moving vehicles and workplaces, the proposed rules state. Before making a search or arrest without a warrant, police would be have to find out if the suspect is certified to use pot, according to the draft. Another provision directs police to develop a plan, in cooperation with the state Health Department and Attorney General's Office, to give confiscated marijuana to approved patients. The state agencies have declined to participate in the program. And Safarik, a former police officer, said he does not want police to distribute pot. Near of the end of the testimony, marijuana advocate Aaron Anderson burst into hearing and requested police assistance to resolve what was turned out to be a physical confrontation he and Christie had with Kondo over a matter unrelated to the hearing. Police and audience members promptly left the meeting, held at the Hawaii County Building in Hilo, causing about a 15 - minute delay in the proceedings. 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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