A funny thing happened on the way to a trial in Missoula County District Court this month.
Jurors -- well, potential jurors -- staged a revolt.
They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs.
The tiny amount of marijuana police found while searching Touray Cornell’s home April 23 became a huge issue for some members of the jury panel.
No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce.
In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said Missoula County deputy attorney Andrew Paul.
District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, perhaps five raised their hands. A couple of others had already been excused because of their philosophical objections.
“I thought, ‘Geez, I don’t know if we can seat a jury,’ ” said Deschamps, who called a recess.
And he didn’t.
During the recess, Paul and defense attorney Martin Elison worked out a plea agreement. That was on Dec. 16.
On Dec. 17, Cornell entered an Alford plea, in which he didn’t admit guilt. He briefly held his infant daughter in his manacled hands, then walked out of the courtroom, smiling.
“Public opinion, as revealed by the reaction of a substantial portion of the members of the jury called to try the charges … is not supportive of the state’s marijuana law and appeared to prevent any conviction from being obtained simply because an unbiased jury did not appear available under any circumstances,” the plea memorandum filed by his attorney said.
“A mutiny,” Paul said.
“Bizarre,” the defense attorney said.
In his nearly 30 years as a prosecutor and judge, Deschamps said, he has never seen anything like it.