Terminal Cancer Patient Guilty In Marijuana Trial
Source: Huffington Post
Terminal Cancer Patient Guilty In Marijuana Trial
The Huffington Post | By Matt Ferner
Posted: 07/09/2014 9:18 pm EDT Updated: 36 minutes ago
A terminal cancer patient who says he grew marijuana to treat his tumors was found guilty of drug charges Wednesday by an Iowa jury that wasn't allowed to hear his defense.
Benton Mackenzie, 48, was convicted in Iowa district court jury of marijuana manufacturing and conspiracy, along with his wife, Loretta, 43, the Quad-City Times' Brian Wellner first reported. Their son Cody, 22, was found guilty of misdemeanor possession of marijuana and paraphernalia.
Benton Mackenzie, who had been barred by Judge Henry Latham from a defense that explains he grew cannabis to relieve his aggressive and rare cancer of the blood vessels, faces a minimum of three years in prison when he is sentenced later. His family said they intend to appeal the verdicts. Mackenzie said prison may kill him as his health worsens.
On Monday, Mackenzie was rushed out of Scott County District Court to a hospital after complaining of extreme pain and hallucinations. He suffers from severe angiosarcoma, a rare and aggressive form of cancer of the blood vessels that produces large skin lesions. His family said he was treated for anemia and other symptoms overnight, Quad City Times reported.
Read more: http://www.huffingtonpost.com/2014/07/09/benton-mackenzie-guilty_n_5572445.html
Really!?
Either the world has gotten nastier over night or they've been there the whole time and decided to quit hiding.
This is some FU shit.
easychoice
(1,043 posts)I hope that prosecutor falls in the toilet and drowns.Seems fair to me.
Phlem
(6,323 posts)purposefully decrease some one's quality of living, where ever it may be in one's life, using the judicial system is just doing it out of spite. That is lower than a cockroach in my opinion. Where does the depravity stop?
Our political system and laws have turned into a cesspool of slimy filth.
The rich get richer and the 97% just get's mowed over and fed into the meat grinder.
But no, we must stay civil to the all or nothing crowd.
easychoice
(1,043 posts)What a horrible way for Government to end your life,isolate you in a hospital and incarcerate your remaining family.I am as angry with them as you are.
Tell me,who can trust their government?
heaven05
(18,124 posts)caused by RW ideological defecation backed by our beloved SCOTUS and MSM.
truedelphi
(32,324 posts)Republicans on our nation's highest court were better about med marijuana than the Democratic Justices.
And only three to five percent of all Congress people, regardless of party, care to legalize medicinal marijuana or recreational marijuana..
Can you say Big Pharma campaign contributions, boys and girls? How about Big Privatized Prison industry lobby, Boys and Girls? Or for that matter, Big Cartel monies!
PS Currently (At least last time I looked) the Occupant of the Oval Office is a Democrat with the power to simply get rid of Holder and appoint someone who would immediately remove marijuana from the drug schedule. But the President's financial buddies probably won't let him do this. (Holder got where he is by being close to Marc Rich, financial criminal extraordinaire. It was through Holder's efforts that the Presidential Pardon was obtained for Rich, right before Clinton left office.)
Strelnikov_
(7,772 posts)They probably stand the most to lose from legalization.
heaven05
(18,124 posts)political party's have been corrupted by BIG money, both corporate and private, no argument. And that corruption is at the point that unless a major revulsion is experienced at the national political level(s) against big money influence this is how it is going to stay. Yet I still see the RW as the political motivator of this corruption of the worst kind. Yeah you can put democrats in that bag, sometimes, but a major problem TODAY is the RW, whether you want to admit it or not. RW media and money, makes the dumbed down, fox news believing, american, easy prey for RW lies. Promise heaven "if only you vote for me"!!! and give them nothing but more lies after vote is in. Entitlement this, immigrant that, urban problems out of control, fear the gays, keep women in their place, this is the RW mantra shouted continuously over and over to the highest heavens, yet all based on lies designed to keep us at each others throats. And while we're busy with each other, they are robbing us all. Nah, while the democratic party is culpable in the final analysis for some dubious compromises, NOT IN THE PEOPLES FAVOR, the RW is the one that will bring on the final destruction of the few freedoms we enjoy in this american life if allowed to control the reins of power again. They must be stopped at all cost. The RW media must be balanced with the emergence of LW thought permeating the airwaves. How? Only the democrats with the big money can do that. They must step up, all the artists, musicians, celebrities, progressive business people, if such exists calling themselves liberals must start fighting back with their combined big money. Lip service is over, start walking the walk so called progressives.
I won't even address the marijuana issue because you're right. Privatized prisons? A capitalistic abomination with no redeeming value. Prison's in this country have never rehabilitated, they have always been punitive punishment. While the more heinous criminal should be incarcerated and marginalized, the 'lesser' criminal, if I may, should be rehabilitated and helped to become a trusted citizen. I do understand where you are coming from and no major argument from me. The fascist RW must be marginalized again like we did with mcCarthy and his ilk. Every generation or so they rear their ugly heads and we have to push them back down into their rat holes.
ailsagirl
(22,899 posts)yuiyoshida
(41,861 posts)SAFU.. situation all fucked up.
heaven05
(18,124 posts)situation normal, all fucked up......concerning these times in the "cesspool of slimy filth" called the toilet of today's RW ideology and if any democrat is involved in this travesty in any manner, pilloried is too good for them.
Jackpine Radical
(45,274 posts)First, since when can't you present evidence of extenuating circumstances in your defense? Second, what th hell is the matter with the jury, and third, what the hell is wrong with the prosecutor?
Meanwhile, entitled rich kids get off manslaughter charges because their little personalities were wrecked by too much wealth.
Mnemosyne
(21,363 posts)What a horrid sounding illness! My gawd the country is going completely insane, no sense at all for this verdict.
truedelphi
(32,324 posts)Is the spread of the Community Rights organization.
I just posted about it over in the Appalachia forum here on DU.
With the wisdom of this movement, people can sponsor local ordinances that invoke the US Constitution, on issues ranging from the right to plant whatever seeds you own on land you own, to ordinances that are banning large scale pig farms from coming into your community. And when those ordinances are passed, they truly protect the community.
truebrit71
(20,805 posts)What kind of bullshit is that?
awoke_in_2003
(34,582 posts)where our Constitution means absolutely zilch.
yuiyoshida
(41,861 posts)constitutional. That Judge needs to be reprimanded by what ever authority can jump on her case. WTF Is this? North Korea???
"YES, TAKE THEM OUT AND SHOOT THEM, CASE CLOSED!!!"
NealK
(1,879 posts)I don't get it at all. This is nuts.
eShirl
(18,503 posts)KurtNYC
(14,549 posts)http://qctimes.com/news/local/crime-and-courts/mackenzie-s-final-medical-defense-motion-denied/article_47a8f5fe-1121-56dd-8cb1-3a4495c3ace2.html
So he gets a death sentence for trying to treat his terminal illness. If anything good can come of this trial let it be the turning point where most people can look at this say "enough is enough."
MrScorpio
(73,631 posts)Really.
Throd
(7,208 posts)Ed Suspicious
(8,879 posts):snarkasm:
geomon666
(7,512 posts)Fuck these people.
cerveza_gratis
(281 posts)No conscience seems to be the problem.
Kelvin Mace
(17,469 posts)is to switch circumstances between two people.
Mnemosyne
(21,363 posts)supercats
(429 posts)Why not move to Colorado???
progressoid
(49,999 posts)And our douche (R) governor will do nothing to help.
hatrack
(59,592 posts)Iowa used to be such a sensible state - now it's Brandsted and King and what's-her-fuck running for Senate.
progressoid
(49,999 posts)Hoppy
(3,595 posts)JuryBox.org
PoliticAverse
(26,366 posts)Hoppy
(3,595 posts)If they were aware they could ignore the judge's instruction, I doubt the jury would have convicted for growing plants.
bluestateguy
(44,173 posts)What DA was spending taxpayer money to prosecute this?
This is why we need jury nullification, and why it should be used often (and please spare me the long disquisitions about the South and the 1950's; just, some other time, ok)
Comrade Grumpy
(13,184 posts)They will probably find out the rest of the story as soon as they get home and turn on the news. Then they will have a chance to publicly denounce their own verdict.
As for jury nullification, there's always the Fully Informed Juror Association: http://fija.org/
bluestateguy
(44,173 posts)He wasn't even selling it to anyone, so even in the absence of hearing his defense, the jury was still mean spirited and stupid.
F4lconF16
(3,747 posts)and think that this is one seriously f---ed up case, I can't be that angry with the jurors upholding the law if that is what is established. It may be wrong, and I may strongly disagree personally, but I can't find fault with them for finding him technically guilty of breaking a law, especially since they weren't allowed to hear the defense. I think calling them mean spirited and stupid might be a tad harsh.
That said, it is beyond stupid that anyone should be sent to jail for growing pot, and this whole case is just sad.
rhett o rick
(55,981 posts)the jury followed the judges orders, which probably went like this: "It's against the law to grow the plant. If it was proven that he grew the plant, you have no choice but to find him guilty." Jury nullification would be their only alternative.
bluestateguy
(44,173 posts)Do what the judge says, follow the judge's instructions, it's the law, the law is the law, blah, blah, blah..
Good grief, I'm glad these people weren't around during the American revolution, and good thing the civil rights movement didn't have to rely on them for manpower.
Jury nullification is a perfectly legal option. A judge can tell them not to do it, but in the privacy of jury deliberations they can do whatever they want. There is no criminal sanction for jury nullification. But jury nullification requires an independent thinking citizenry, not people who will just blindly follow the law because a man in a black robe is telling them what to do. Many citizens are not capable of that.
Half-Century Man
(5,279 posts)I want to ask him to pardon these people. Even if it doesn't work, I still want to ask.
bluestateguy
(44,173 posts)The president can only pardon for federal crimes.
And in some states, I don't know about Iowa, even the governor's pardon powers are limited by a pardons and parole board.
progressoid
(49,999 posts)He's a grade A douche.
The Magistrate
(95,255 posts)On any charge regarding marijuana.
Ed Suspicious
(8,879 posts)Judi Lynn
(160,621 posts)former9thward
(32,077 posts)defacto7
(13,485 posts)pardon my lack of legal knowledge, if a judge can block a defense from being heard (which sound unconstitutional to me), can't he just as easily nullify the jury's verdict if they acquit without evidence for acquittal?
The judge just wants what he wants and damn human rights and dignity.
G_j
(40,370 posts)Yes!!
AllyCat
(16,222 posts)Better a life doing nothing than causing this kind if suffering. End this stupid criminalization of a plant that literally grows like a weed while helping so many.
Uncle Joe
(58,417 posts)Thanks for the thread, Judi Lynn.
MindMover
(5,016 posts)""
juajen
(8,515 posts)But I grow anything from seed.
Ed Suspicious
(8,879 posts)defacto7
(13,485 posts)if they win on appeal at least the family will be able to celebrate at the cemetery.
This shit has to stop and this guy has no time for legal stupidity nonsense. Someone with money and means needs to smuggle him out of there to a safe place where the government of Iowa can't torture him and destroy what's left of his life and family.
I have no words for the gall of this.
DeSwiss
(27,137 posts)K&R
Mnemosyne
(21,363 posts)Ed Suspicious
(8,879 posts)an extenuating circumstance worthy of a discussion in this case? Are our laws that rigid? Do judges have no power? So the judge wants him to die in pain and alone while his wife, kid, and parents are also facing incarceration? FUCK THAT!!!
This shit needs to end, and it needs to end now! No more "we'll see what the evidence shows" the evidence is out there. It's been out there.
That poor family and that poor poor man. I can hardly take it thinking about this injustice. This inhumanity. How does he carry on?
Dustlawyer
(10,497 posts)and say that the medical need is not a defense to the charges brought, thereby excluding the reason from evidence. Additionally, the jurors are instructed by law to not let bias or sympathy play a part in their decision. Admitting that evidence and those tumors would be highly prejudicial in the case.
Having said that, first I am not licensed in that state and do not practice criminal law.
Second, most courts can allow equity (basically fairness in the Judge's opinion) to allow it in or consider the circumstances in sentencing. Here we must have one of the most heartless bastards to ever sit his ass on a bench!
With 80+% of the state's citizens in favor of legalization for medical needs, that would be overwhelming evidence that our political and judicial system is messed up! Let's fix this by getting rid of the corporate money that makes politicians ignore us and only listen to the Big Donors.
Join me September 13th - November 4th (midterm Election Day) in protesting getting the money out of politics by demanding Publicly Funded Elections - Federal, state and local. 2 month campaign season with TV and Radio time donated as a public service for these media out lets using the public airwaves under license. Spread the word, organize your city, town, community and hit the streets!
Let's stop this kind of bull shit, we CAN do it!
Ed Suspicious
(8,879 posts)Mnemosyne
(21,363 posts)he was using the cannabis for his cancer.?
Thanks!
And thanks also for trying to get things moving, haven't marched since 2007 and it is definitely time again.
Dustlawyer
(10,497 posts)Someone here who does criminal law could answer this better than me, but I think that's right.
Mnemosyne
(21,363 posts)Spitfire of ATJ
(32,723 posts)That is how you get laws changed.
Strelnikov_
(7,772 posts)Rhiannon12866
(206,006 posts)herding cats
(19,567 posts)This makes me so angry. How they could not let him explain his reason for growing the pot in the first place is just insane. His son and wife are going to be the next two to be convicted. This is so messed up.
NealK
(1,879 posts)K&R
Initech
(100,102 posts)C Moon
(12,221 posts)defacto7
(13,485 posts)it laughs at America.
blackspade
(10,056 posts)PatrickforO
(14,587 posts)What kind of a 'judge' in our so-called 'justice system' would not let a terminal patient present a medical defense for growing marijuana?
Ignorant? Yep.
Incapable of empathy? Yep.
Intolerant? Yep.
Probably a conservative 'Christian.'
Earth_First
(14,910 posts)JackInGreen
(2,975 posts)want to ruin his day or at least make it a LOT more interesting?
I'm pretty sure this is the fella, only Henry Latham there appears to be.
http://www.scottcountyiowa.com/courts/judges.php?uid=1247
KurtNYC
(14,549 posts)If not maybe we should start one?
https://petitions.whitehouse.gov/
Peace Patriot
(24,010 posts)Toward the end of the article:
Iowa voters overwhelmingly support the legalization of medical marijuana. A recent poll found 81 percent favor legalization. --from the OP
-------------------------
I was thinking, 'What's the matter with Iowans?' I went to school in Iowa long ago and found most Iowans to be pretty laid back, live-and-let-live sort of people. The answer is that there is NOTHING the matter with Iowans. Not only was the jury denied vital information for evaluating this case, but MOST Iowans, as jurors, would have voted "not guilty" if they had been informed of the situation.
Gawd, this is so awful. This man is being tortured and his family ruined, merely for using NON-PSYCHOACTIVE marijuana OIL. Even if that wasn't the case--even if he was using MJ for pleasure or selling it for profit--this ruination of a family would be bad and wrong. But that he's so sick, and his family is also being punished for trying to relieve his pain, and that NONE OF THIS could be used in his defense, is unconscionable.
ANYBODY KNOW IF THERE IS A DEFENSE FUND FOR THIS MAN AND HIS FAMILY? WHERE CAN I CONTRIBUTE TO IT?
Hoppy
(3,595 posts)You may want to compliment him on is implementation of justice,
Hoppy
(3,595 posts)LoisB
(7,231 posts)lovuian
(19,362 posts)at thousands and thousands of dollars paying for food and guards and healthcare for these people
wildbilln864
(13,382 posts)about jury nullification and also marijuana!
bluestateguy
(44,173 posts)but defense attorneys should do their very best during the jury selection process to get uneducated jurors out of the pool, as many as possible.
There are some cases that deal with some very complex stuff, like boggling financial transactions, anti-trust laws, campaign finance laws, etc. Such cases are for educated people, not a 19 year old high school dropout who flips burgers for a living.
Educated jurors are more likely to know about and use jury nullification and less likely to blindly follow the dictates of authority.
wildbilln864
(13,382 posts)I thought that was a right! It damn well should be!
christx30
(6,241 posts)If people can present the Twinkie defense or Affluenza as a defense, why not "I need this so I don't die. Here are stats that back up my claim."?
riderinthestorm
(23,272 posts)How exactly is this man going to be "rehabilitated" in prison for his "crime"?
The War on Drugs is proven once again to be an utter failure.
mainer
(12,029 posts)Some local Iowans are calling him a druggie who deserved to be convicted.
Duppers
(28,127 posts)Thanks!
Attitudes must change!
Obama should also be petitioned.
Comments like these drive me up a wall:
Banned in the QCA - 15 hours ago
Good job jury! Another drug dealer off the streets. What a liar he is. Since this is his third time down maybe he will get the penalty he deserves. What a dispicable family using an illness to try and pull at people's heart strings to get out of trouble. Most of you even fell for it. Suckers.
Wow, what ignorant, mean fools!
redstatebluegirl
(12,265 posts)dhill926
(16,355 posts)the hell is wrong with this country?
nolabels
(13,133 posts)Reefer Madness Trailer Great marijuana movie - YouTube
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&sqi=2&ved=0CEUQtwIwBA&url=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DL1jB7RBGVGk&ei=4hnAU7ryEIbuoASCqICQDw&usg=AFQjCNFUvFdzF33LCGCPrLef6GfHNcGSdw&sig2=7Rxlt1ZSdhfWIn7w8oOi6Q&bvm=bv.70810081,d.cGU&cad=rja
Sometimes when you can't cry then you'll just have to laugh
Warpy
(111,339 posts)If there was ever a case of jury nullification, this is it. It's a case that points out the utter idiocy of our drug laws and the utter cruelty of the DEA.
The worst this man should face is house arrest.
Ruby the Liberal
(26,219 posts)Only reason I can think is they might think it is automatic grounds for appeal...
magical thyme
(14,881 posts)Henry W. Latham II, District Court Judge
Scott County Courthouse
400 W. 4th St.
Davenport, Iowa 52801
Phone: 563-326-8783 Fax: 563-326-8218
henry.latham@iowacourts.gov
McElyea, Patrick A. Attorney I Patrick.McElyea@scottcountyiowa.com 563-326-8238
https://www.facebook.com/FreeBenton/info
http://www.freebenton.org/
I intend to let those 2 subhuman scumbuckets of turds (not to insult scum or turds) exactly what I think of them.