Potential Montana jurors stage ‘mutiny’ in pot case

Potential jurors staged a “mutiny” during a felony drug case, a Missoula County prosecutor says, and authorities worry the result will be viewed as a game-changer when it comes to future attempts at prosecuting drug cases in Montana.

Nearly all 27 Missoula County residents during the jury selection process told District Court Judge Dusty Deschamps there was no way they would convict anybody of having a couple of buds of marijuana.

“I thought, ‘Geez, I don’t know if we can seat a jury,’” said Deschamps, who called a recess.

The case involved Touray Cornell, whose criminal history includes numerous felony convictions and in his latest case faced a felony charge of criminal distribution of dangerous drugs.

That charge stemmed from an April 23 search of his home following complaints from neighbors he was selling drugs. Police said they found burnt marijuana cigarettes, a pipe and some residue.

An affidavit said Cornell admitted to distributing small amounts of marijuana and connecting other dealers with customers, getting small amounts of marijuana for himself as payment.

During the recess called by Deschamps, Deputy Missoula County Attorney Andrew Paul worked out a plea agreement with the defense.

“A mutiny,” Paul told the Missoulian newspaper in describing the actions of the potential jurors.

“Bizarre,” said Cornell’s defense attorney, Martin Elison.

In the plea memorandum filed by Elison, he noted that public opinion “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.”

On Friday, Cornell entered an Alford plea, meaning he does not admit guilt but acknowledges there is enough evidence to convict him. Deschamps then sentenced him to 20 years in prison with 19 suspended, to be served concurrently with his sentence in the theft case.

Cornell was given credit for the 200 days he has already served.

The potential jurors in the case ranged in age from their 20s to their 60s, with one of the most vocal in her 60s.

“It’s kind of a reflection of society as a whole on the issue,” Deschamps said. “I think it’s going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount.”