They Remain Unreconstructed: Defiance Still Alive in Mountain South by John MeyersThe article was no surprise to me in the mountain South however. Certain traditions won't die.
I read of the recent case in my home county with a shit-eating grin. The woman defendant in the case was charged with a sundry of drug and alcohol charges after calling 911 to seek help for her husband (who suffers from PTSD) who was threatening to kill himself. Upon arrival on the scene, it was calm, and officers directed their attention to marijuana paraphernalia and what appeared to be illicit, untaxed whiskey.
After the state's instrument of prosecution built an elaborate narrative of ruthless drug dealers and rumrunners, with logs of customers and sales, and these people being a grave threat to society, their case collapsed. All charges came back not guilty, save one, which we'll get to momentarily. It appears the drugs on site were used to treat PTSD and traumatic head injuries. (I would be remiss to also point out they found other drugs, including morphine, but these were 'legal' with a state granted prescription) The 'customer log' was merely a log of money she owed to a couple people who they borrowed from when they were on hard times.
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It was a classic case of Jury Nullification. Many of the juror’s and would be juror’s were asked if they thought marijuana should be legal and if they did, could they judge the case based on the current law. So much for that, eh?
One other charge came back with a hung jury. This was the charge related to the possession of what they claim is approximately 20 gallons of illegal alcohol.
Read more at http://zerogov.com/?p=5619.