Wednesday, December 22, 2010

Criminal Law: Marijuana Mutiny?

RI Criminal Defense Lawyer James E. Smith found this article from the Montana Missoulian.  While the social status regarding marijuana is ever changing, it remains illegal to manufacture, sell and/or possess in Rhode Island without proper exception.  If you need legal advice regarding Marijuana Possession in Rhode Island, contact RI Criminal Defense Lawyer James E. Smith as soon as possible at 401-649-0335 or via email by clicking HERE.

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!

Missoula District Court: Jury pool in marijuana case stages ‘mutiny’

By GWEN FLORIO of the Missoulian


A funny thing happened on the way to a trial in Missoula County District Court last week.

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 on 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 a flummoxed Deputy Missoula County Attorney Andrew Paul.

District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, maybe 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 Thursday.

On Friday, Cornell entered an Alford plea, in which he didn’t admit guilt. He briefly held his infant daughter in his manacled hands, and walked smiling out of the courtroom.

“Public opinion, as revealed by the reaction of a substantial portion of the members of the jury called to try the charges on Dec. 16, 2010, 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,” according to the plea memorandum filed by his attorney.

“A mutiny,” said Paul.

“Bizarre,” the defense attorney called it.

In his nearly 30 years as a prosecutor and judge, Deschamps said he’s never seen anything like it.

*****

“I think that’s outstanding,” John Masterson, who heads Montana NORML (National Organization for the Reform of Marijuana Laws), said when told of the incident. “The American populace over the last 10 years or so has begun to believe in a majority that assigning criminal penalties for the personal possession of marijuana is an unjust and a stupid use of government resources.”

Masterson is hardly an unbiased source.

On the other hand, prosecutor, defense attorney and judge all took note that some of the potential jurors expressed that same opinion.

“I think it’s going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount,” Deschamps said.

The attorneys and the judge all noted Missoula County’s approval in 2006 of Initiative 2, which required law enforcement to treat marijuana crimes as their lowest priority – and also of the 2004 approval of a statewide medical marijuana ballot initiative.

And all three noticed the age of the members of the jury pool who objected. A couple looked to be in their 20s. A couple in their 40s. But one of the most vocal was in her 60s.

“It’s kind of a reflection of society as a whole on the issue,” said Deschamps.

Which begs a question, he said.

Given the fact that marijuana use became widespread in the 1960s, most of those early users are now in late middle age and fast approaching elderly.

Is it fair, Deschamps wondered, in such cases to insist upon impaneling a jury of “hardliners” who object to all drug use, including marijuana?

“I think that poses a real challenge in proceeding,” he said. “Are we really seating a jury of their peers if we just leave people on who are militant on the subject?”

Although the potential jurors in the Cornell case quickly focused on the small amount of marijuana involved, the original allegations were more serious – that Cornell was dealing; hence, a felony charge of criminal distribution of dangerous drugs.

Because the case never went to trial, members of the jury pool didn’t know that Cornell’s neighbors had complained to police that he was dealing from his South 10th Street West four-plex, according to an affidavit in the case. After one neighbor reported witnessing an alleged transaction between Cornell and two people in a vehicle, marijuana was found in the vehicle in question.

The driver and passenger said they’d bought it from Cornell, the affidavit said. A subsequent search of his home turned up some burnt marijuana cigarettes, a pipe and some residue, as well as a shoulder holster for a handgun and 9mm ammunition. As a convicted felon, Cornell was prohibited from having firearms, the affidavit noted.

Cornell admitted distributing small amounts of marijuana and “referred to himself as a person who connected other dealers with customers,” it said. “He claimed his payment for arranging deals was usually a small amount of marijuana for himself.”

Potential jurors also couldn’t know about Cornell’s criminal history, which included eight felonies, most of them in and around Chicago several years ago. According to papers filed in connection with the plea agreement, Cornell said he moved to Missoula to “escape the criminal lifestyle he was leading,” but he’s had a number of brushes with the law here.

Those include misdemeanor convictions for driving while under the influence and driving with a suspended license, and a felony conviction in August of conspiracy to commit theft, involving an alleged plot last year to stage a theft at a business where a friend worked, the papers said. He was out on bail in that case when the drug charges were filed.

In sentencing him Friday, Deschamps referred to him as “an eight-time loser” and said, “I’m not convinced in any way that you don’t present an ongoing threat to the community.”

Deschamps also pronounced himself “appalled” at Cornell’s personal life, saying: “You’ve got no education, you’ve got no skills. Your life’s work seems to be going out and impregnating women and not supporting your children.”

The mother of one of those children, a 3-month-old named Joy who slept through Friday’s sentencing, was in the courtroom for Friday’s sentencing. Cornell sought and received permission to hug his daughter before heading back to jail.

Deschamps sentenced Cornell to 20 years, with 19 suspended, under Department of Corrections supervision, to run concurrently with his sentence in the theft case. He’ll get credit for the 200 days he’s already served. The judge also ordered Cornell to get a GED degree upon his release.

“Instead of being a lazy bum, you need to get an education so you can get a decent law-abiding job and start supporting your family,” he said.

Normally, Paul said after the sentencing, a case involving such a small amount of marijuana wouldn’t have gone this far through the court system except for the felony charge involved.

But the small detail in this case may end up being a big game-changer in future cases.

The reaction of potential jurors in this case, Paul said, “is going to be something we’re going to have to consider.”

Reporter Gwen Florio can be reached at 523-5268 or at gwen.florio@missoulian.com.

Monday, December 20, 2010

Wednesday, December 15, 2010

The Law Offices of James E. Smith Announces Dismissal of Possession of Marijuana Charge.

Rhode Island Criminal Defense Lawyer, James E. Smith announces the dismissal of a possession of marijuana charge.  Client was singled out and searched by members of the TSA and the Rhode Island Airport Police at T.F. Green state airport.  Airport Police charged client with possession after discovering on client's person what was thought to be marijuana.  Result:  Charge dismissed prior to trial.  Client retains clean criminal record.

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!

RI Criminal Defense Lawyer

Rhode Island Criminal Defense and DUI Lawyer James E. Smith locates the following news

Rhode Island Criminal Defense and DUI Lawyer James E. Smith found this article:

Update: Providence detective pleads guilty in drug case / Photos

12:56 PM Thu, Dec 09, 2010 | 
News staff    Email

colanduano_540.jpgProvidence Journal photos / Andrew Dickerman
Providence Detective Joseph A. Colanduono, charged in the Operation Deception drug ring investigation, pleads guilty in Superior Court today. At left is his lawyer, Ralph E. Chiodo. 
By Gregory Smith
Journal Staff Writer
PROVIDENCE, R.I. -- A man admitted in Superior Court Thursday that he is a corrupt cop.
tracey_colanduano_300.jpg
Detective Colanduano's former sister-in-law, Amy DiNobile, left, and his wife, Tracey Colanduono, in court this morning. 
Veteran Providence narcotics Detective Joseph A. Colanduono pleaded guilty to charges that he sold cocaine and otherwise assisted what investigators called "a large-scale cocaine distribution ring" led by Albert Hamlin, his longtime confidential informant.
Colanduono, 45, of 9 Bayberry Dr., West Warwick, was one of four Providence officers and at least 25 people charged in a joint investigation of the ring by the Rhode Island State Police and the FBI called Operation Deception.
His is the first of the cases against the Providence officers to be resolved. He is suspended from duty without pay, as are the others.
He pleaded guilty to two counts of conspiracy to deliver drugs, larceny and harboring Hamlin.
Judge Robert D. Krause, who took the pleas, said that he intends to sentence Colanduono next month. He faces up to 10 years in prison.
Albert Hamlin, brother of another charged Providence police officer, has pleaded guilty to drug-dealing charges.
Prosecutors say Colanduono bought cocaine from Hamlin and shielded him from arrest.
Colanduono served on a task force run by the DEA until he was arrested. He and the other officers have been suspended without pay.

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!

Rhode Island Criminal Defense and DUI Lawyer James E. Smith Transfers Post to New Blog

Rhode Island Criminal Defense and DUI Lawyer James E. Smith secured dismissal of marijuana possession charge.

Gang Unit approaches my client and cousin, separates them and begins questioning and searching cousin while one police officer simply observes my client to ensure that he doesn't leave.  Marijuana was found on the other party who was arrested immediately.  Police then turn to my client and searched him and discovered over 15 bags of marijuana on his person.  Result:  Charges dismissed.

If you need a RI Criminal Defense Lawyer or have any questions about this case, call Attorney James E. Smith as soon as possible at 401-649-0335 or if you prefer email, click HERE.

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!

Three Found Guilty In Heroin Smuggling Ring

Rhode Island Criminal Defense and DUI Lawyer James E. Smith found this Projo piece covering drug convictions

Heroin-smuggling case

01:00 AM EST on Saturday, December 11, 2010

providence

3 men found guilty in heroin-smuggling trial

A federal jury returned guilty verdicts on Friday against two Cranston men and a Guatemalan for their roles in smuggling heroin into the United States from Guatemala and selling the drugs in Rhode Island and Massachusetts.

They were also convicted on charges of laundering more than $100,000 and sending the money back to Guatemala.

The jury, after hearing more than six days of testimony, found Ervin Figueroa, 42, and his brother, Elio Figueroa, 35, both of Cranston; and Carlos R. Rodas, of Guatemala, guilty on multiple drug, conspiracy and money-laundering counts. Rodas’ age was not available.

U.S. Attorney Peter F. Neronha said in a news release that the three men were part of a group that smuggled more than a kilogram — 2.2 pounds — of heroin into the United States with the use of couriers. The couriers, he said, swallowed latex-wrapped heroin pellets in Guatemala and then passed the drugs after arriving in Rhode Island.

The guilty verdicts on Friday bring to seven the total number of suspects prosecuted in the drug-smuggling ring. In October 2009, Jose A. Lazala, no age or address available, pleaded guilty to federal heroin-possession and firearms charges. He was sentenced to more than 10 years in prison.

Three other suspects have pleaded guilty in the case, and they have been sentenced or are awaiting sentencing.

U.S. District Court Judge William E. Smith scheduled sentencing hearings on March 25 for the Figueroa brothers and Rodas.

W. Zachary Malinowski

If you have any questions regarding this article or need a Rhode Island Criminal Defense Lawyer contact Attorney James E. Smith as soon as possible at 401-649-0335 or by email by clicking HERE.