http://www.indymedia.org/front.php3?article_id=108276&group=webcast
12:34pm Wed Dec 19 '01 (Modified
on 1:14pm Wed Dec 19 '01)
For the first time, a Judge in Indiana
has ruled a medical necessity defense may be used in a Marijuana trial
New legal ground has been broken
here in Indiana. For the first time a judge has ok'd a medical necessity
defense to possession of Marijuana.
The Jeanne Horton case, which was
to have gone to trial yesterday, December 18th, will not take place until
February 12th...Lincoln's birthday.
About 30 supporters of Horton protested
outside the City-County building, including members of Indiana NORML, the
Indiana Green Party, the Marion County Green Party, Common Bonds, the Libertarian
Party and private individuals.
Horton is bedridden. She was brought
to the Indianapolis City-County building in an ambulance and wheeled in
on a gurney. She was required previously to appear in person at a pre-trial
hearing and was taken in in a wheel chair. According to Horton's mother,
Jeanne had developed a bed sore from the wheel chair that still hasn't
healed. It took Horton several weeks to recover from the stress of being
in the wheel chair.
After changes in judge and prosecutors,
and an official lapse of memory in selecting a jury and other delaying
tactics, defense attorney Steve Dillon, who is also Chairman of the Board
for national NORML and President/founder of Indiana NORML, convinced the
judge Mark Renner of Horton's medical necessity. Three previous judges
in the case had refused any of Dillon's defenses.
Horton, a 41 year old woman from
Indianapolis, has been bedridden for nine years with Multiple Sclerosis.
She is 80% paralyzed and weighs only about 100 pounds. She was arrested
in April of 2001 and charged with possession of 1.2 grams of Marijuana
and reckless possession of paraphernalia (Which means possession of "Drug"
paraphernalia that "Endangered" other people) Marion County Prosecutor
Scott Newman wanted to jail Horton for up to three years in spite of her
condition. Newman had claimed in TV interviews that Horton was having a
"Medical Marijuana party" in her home at the time of the arrest.
Horton had only smoked Marijuana
shortly before her arrest, upon the advice of some friends who told her
they had heard that it was good for Multiple Sclerosis patients. Horton
had reported about a 20 pound weight gain and some improvement in muscle
control after smoking Marijuana for a short time. She stopped smoking after
her arrest and reverted to her previous weight and muscle condition.
Dillon had brought in medical Marijuana
expert Dr. David Bearman from Santa Barbara, California as expert witness
in the case. Since the court had "Forgotten" to seat a jury for the trial,
and the court date had to be changed, Judge Renner authorized Dillon to
videotape a deposition.
There were four prosecutors in the
courtroom. Prosecutor Michael Hanson attempted to oppose any testimony
from the defense, going so far as to request testimony from the defendant
be disallowed, particularly from her gurney as it would have added sympathy
for Horton to the jury. Judge Renner ignored the Prosecutor's demands.
Mainstream news media coverage of
the case was excellent early in the day, but all of the TV stations failed
to present the case on their prime time newscasts. The city's only newspaper,
the Indianapolis Star had no coverage in today's editions, apparently feeling
that donations of teddy bears to the Sheriff's department warranted more
coverage than the judicial failures in the Horton case. http://www.indystar.com/news/
The case allegedly goes to trial February 12, 2002.
by Skywolf, aka Neal Smith