Nh Pot Gardener Beats Felony Manufacturing Charge.

[LongHairBri]

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There was little question about whether Robert ‘Bob’ Constantine actually grew marijuana on his property in rural Grafton, but the jurors failed to reach a verdict on the felony charge of manufacturing a ‘controlled substance’.

 

They opted instead for a lesser misdemeanor conviction. A full acquittal would have been best, of course, but considering the possible outcome, Bob and his friends consider it more of a lesser victory than a lesser defeat.

 

Bob represented himself, with a public defender at his side, appealing directly to the jurors, always forthright in his communication, always even keeled, and speaking from the heart.

 

His closing argument included a detailed explanation of the rights and responsibilities of jurors, such as:

 

Jurors are free to vote based on their conscience, and are the conscience of the community; they can vote not guilty if they feel the law is unjust, unfair, oppressive, or otherwise unacceptable;

Jurors do not have to come to a unanimous decision; any number of jurors who have reached a firm decision do not have to go with the majority, rather, they can hang the jury for retrial, or

Jurors can choose to convict for a lesser offence and/or a lesser punishment.

 

In Bob’s case, all three of the above saved him from a felony conviction. Instead, he will be serving 60 days in jail, paying a $1000 fine, and be subjected to probation.

[jimbojinx]

This is fantastic news !!! Like Michael Komorn has stated, it is hard to get a real conviction in the area of MMJ anymore...I LOVE the reality of juror nullification !

Dr. jinx

[TajMahal]

To think the rights and powers of the people, in this case juries have been suppressed for so long.........

 

 

Hats off to Bob.